Common use of Step 6 - Arbitration Clause in Contracts

Step 6 - Arbitration. a. If the grievance is not settled or disposed of at Step 4, within ten (10) working days the Union may submit the grievance to the Director of Human Resources for arbitration. The Arbitrator shall be selected from a panel provided by the State Mediation and Conciliations Service. The hearing shall be conducted in accordance with the rules and regulations of the American Arbitration Association unless the parties mutually agree to other rules or procedures for the conduct of such arbitration. The Arbitrator’s decision and award shall be final and binding on the parties unless the grievance is based solely on a department-wide policy or practice, in which case the matter may go to Step 6 as provided for below. b. The fees and expenses of the Arbitrator shall be shared equally by the parties involved, it being understood and agreed that all other expense including, but not limited to, fees for witnesses, transcripts, and similar costs incurred by the parties during arbitration, will be the responsibility of the individual party involved. c. Not more than one grievance shall be submitted to arbitration in the same proceeding without the consent of the parties, except that grievances that are based on the same set of facts which must necessarily be decided in the same way can be submitted in a single arbitration subject to the consent of the parties. d. The County and the Union shall endeavor to make a submission agreement, setting forth the issue of issues to be submitted to arbitration and any agreed stipulated relevant facts and principles. In the event of disagreement between the County and the Union, the issue or issues of the grievance shall be determined by the Arbitrator. e. The Arbitrator shall have jurisdiction and authority to interpret the specific terms and provisions of this Memorandum of Understanding. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to: 1. The interpretation, application, or legality of any federal, State or local law, ordinances or resolutions adopted by the County's Board of Supervisors; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such federal, State or local law or ordinance or resolutions in order to resolve the grievance which has been submitted to arbitration, he may do so. 2. The interpretation, application, or legality of any or all of the County of Santa ▇▇▇▇▇▇▇ Civil Service Commission Rules, nor matters under the jurisdiction of said Civil Service Commission for which the Commission has established procedures or processes by which employees may appeal to, or request review by, said Civil Service Commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such Civil Service Rules or matters under the jurisdiction of said Civil Service Commission in order to resolve the grievance which has been submitted to the Arbitrator, he may do so. 3. The interpretation, application, or the legality of the rules or regulations of the department head, or the County Administrator, or any other County agency, or Commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such rules or regulations in order to resolve the grievance which has been submitted to the Arbitrator, he may do so.

Step 6 - Arbitration. a. If the grievance is not settled or disposed of at Step 4, within ten (10) working days the Union may submit the grievance to the Director of Human Resources for arbitration. The Arbitrator shall be selected from a panel provided by the State Mediation and Conciliations Service. The hearing shall be conducted in accordance with the rules and regulations of the American Arbitration Association unless the parties mutually agree to other rules or procedures for the conduct of such arbitration. The Arbitrator’s decision and award shall be final and binding on the parties unless the grievance is based solely on a department-department- wide policy or practice, in which case the matter may go to Step 6 as provided for below. b. The fees and expenses of the Arbitrator shall be shared equally by the parties involved, it being understood and agreed that all other expense including, but not limited to, fees for witnesses, transcripts, and similar costs incurred by the parties during arbitration, will be the responsibility of the individual party involved. c. Not more than one grievance shall be submitted to arbitration in the same proceeding without the consent of the parties, except that grievances that are based on the same set of facts which must necessarily be decided in the same way can be submitted in a single arbitration subject to the consent of the parties. d. The County and the Union shall endeavor to make a submission agreement, setting forth the issue of issues to be submitted to arbitration and any agreed stipulated relevant facts and principles. In the event of disagreement between the County and the Union, the issue or issues of the grievance shall be determined by the Arbitrator. e. The Arbitrator shall have jurisdiction and authority to interpret the specific terms and provisions of this Memorandum of Understanding. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to: 1. The interpretation, application, or legality of any federal, State or local law, ordinances or resolutions adopted by the County's Board of Supervisors; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such federal, State or local law or ordinance or resolutions in order to resolve the grievance which has been submitted to arbitration, he may do so. 2. The interpretation, application, or legality of any or all of the County of Santa ▇▇▇▇▇▇▇ Civil Service Commission Rules, nor matters under the jurisdiction of said Civil Service Commission for which the Commission has established procedures or processes by which employees may appeal to, or request review by, said Civil Service Commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such Civil Service Rules or matters under the jurisdiction of said Civil Service Commission in order to resolve the grievance which has been submitted to the Arbitrator, he may do so. 3. The interpretation, application, or the legality of the rules or regulations of the department head, or the County Administrator, or any other County agency, or Commission; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such rules or regulations in order to resolve the grievance which has been submitted to the Arbitrator, he may do so.