Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, t...
Step Four - Arbitration. If mediation fails to resolve the grievance within a reasonable time, or if the University declines mediation, the grievance may be submitted to arbitration, unless withdrawn by the Union. The Union must submit the request for arbitration to the University’s Office of Labor Relations within thirty (30) calendar days from the final date of mediation, or receipt of the University’s rejection of mediation. The arbitration process will be administered by the PERC using a list of nine arbitrators from either Washington or Oregon. The parties will select an arbitrator using the alternate strike method.
Step Four - Arbitration. In the event that the grievance is not satisfactorily adjusted at Step Three, arbitration may be requested. In order to proceed to arbitration, the Association representative must submit a request in writing within fifteen (15) days of receipt of the decision in Step Three. Within ten (10) days of the receipt of the request for arbitration the parties shall immediately attempt to select a mutually acceptable arbitrator from a list of seven (7) names, with experience in public education, requested from the State of California Mediation and Conciliation Services. If the parties are unable to agree upon an arbitrator within ten (10) days of receiving the list of arbitrators, the parties will alternately strike names until one name is left. The conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the State of California Mediation and Conciliation Service. Both parties agree that, subject to the provisions of the Code
Step Four - Arbitration. 2515 In the event the grievance remains unresolved, the grieving party, through the Union Business Representative, may appeal the grievance to arbitration. Written notice of such appeal must be sent by certified mail to the Manager of Labor Relations/or designee within fifteen (15) workdays after receipt of the Step Three response. No grievance shall be appealed to arbitration without first being processed through the appropriate steps of the Grievance Procedure. 2516 An impartial Arbitrator shall be selected by mutual agreement of the parties. In the event mutual agreement is not reached, the party appealing the grievance to arbitration shall request a panel of arbitrators from the Federal Mediation and Conciliation Service. Upon receipt of said panel, the parties will select an arbitrator by alternately striking names. 2517 The Arbitrator shall be prohibited from adding to, modifying or subtracting from the terms of this Agreement or any supplemental written agreement of the parties. Further, it shall not be within the jurisdiction of the Arbitrator to change any existing wage rate or establish a new wage rate. However, grievances involving reclassification are within the scope of the Arbitrator; the decision of the Arbitrator, however, is limited to change in the classification of a position with accompanying wage schedule. 2518 The award of the Arbitrator shall be final and binding on both parties. Each party shall pay one half (½) the cost of the arbitration proceedings and each party shall be responsible for the cost of its own representatives and witnesses. There shall be no interruptions of work by the Employer or employee(s) pending an Arbitrator's award.
Step Four - Arbitration. 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Labor Relations Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.
15.6.2. Within five (5) workdays after receipt of a request for arbitration, the Labor Relations Division or designee and the Association agree to meet and review the pending arbitration case. If no agreement is reached, the Labor Relations Division or designee shall request the State Mediation and Conciliation Service to supply a list of seven (7) arbitrators. If no agreement is reached, the cost of any filing fees shall be split evenly between the Parties. The arbitrator shall be chosen by allowing each Party, in turn, to strike out one (1) name until only one (1) name remains. The determination of the Party to strike first shall alternate between the Association and the District.
15.6.3. The cost of arbitration shall be borne as follows:
15.6.3.1. The District and the Association shall share equally in the payment for the services and expenses of the arbitrator.
15.6.3.2. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter.
15.6.4. Powers and limitations of the arbitrator shall be as follows:
15.6.4.1. The function of the arbitrator shall be:
a. To hold a hearing concerning the grievance, and
b. To render a binding decision within thirty (30) calendar days of the hearing or receipt of closing briefs (if any).
15.6.4.2. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants.
15.6.4.3. The arbitrator shall determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the Parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision or award merely because in the arbitrator's opinion such decision or award i...
Step Four - Arbitration. In the event that the grievance is not resolved in Step Three (3) of the grievance procedure, then within five (5) working days from the date the Superintendent of Schools or his/her designee provided his/her written answer to the grievant, the grievance shall be submitted to arbitration, if the Association so timely chooses. The selection of an impartial arbitrator shall be made through the process provided by the American Arbitration Association. Arbitration costs shall be shared equally by both parties. The expenses and compensation of any witnesses or participants in the arbitration hearing shall be paid by the party calling such witnesses or requesting such participants.
Step Four - Arbitration. If a satisfactory settlement is not reached at the prior step, or the step was skipped, either of the signatory parties to this Agreement may submit the grievance to binding arbitration. Such submittal must be made within thirty (30) calendar days following the written notice that the employer does not agree to Step Three Mediation or the conclusion of the prior step.
Step Four - Arbitration. If the union is not satisfied with the City Manager’s response to the grievance at Step Three, or if for any reason, forty (40) working days have elapsed from the date upon which the grievance was received by the City Manager, the Union may require that the grievance be referred to an impartial arbitrator, who shall be designated by mutual agreement between the Union and the City Manager. Provided further that the Union shall forward to the City the Union’s portion of the State Mediation and Conciliation Services (SMCS) fee within 120 calendar days of receipt of the City Manager’s response. Failure by the Union to meet this 120 calendar days deadline for both referral to Arbitration and payment of the SMCS fee shall be deemed as a full and complete waiver by the Union to appeal the City Manager’s decision to Arbitration and the City Manager decision shall be final and binding on all parties. The fees and expenses of the Arbitrator, the State Mediation and Conciliation Services, and of a Court Reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Arbitrator decisions on matters properly before them shall be in writing and shall be final and binding on both parties hereto to the extent permitted by the Charter of the City.
Step Four - Arbitration. 6.3.5.1 If the grievant is not satisfied with the disposition of the grievance at Step Three, or if no response has been rendered by the Superintendent/Designee within the time limits specified for the response at Step Three, above, and the grievant wishes to pursue the grievance, the Union may request in writing that the grievance be submitted to arbitration. The Union has until ten (10) days following the last day on which the response at Step Three is due to request in writing that the grievance be submitted to arbitration by filing the request with the Superintendent/Designee; otherwise, arbitration is deemed waived. Within five (5) days of receipt of the written request for arbitration the parties shall attempt to select a mutually agreeable Arbitrator. If the parties are unable to mutually agree they shall request the California Mediation and Conciliation Service to provide a list containing the names of five (5) arbitrators who are experienced in public school arbitration. Within five (5) days after receipt of the list, the District and the Union shall alternately strike a name from the list of Arbitrators, until one (1) name remains. The order of striking shall be determined by lot. The Union and the District may mutually agree to utilize expedited procedures. The fees and expenses of the Arbitrator and the cost of the hearing shall be borne equally by the District and the Union. All other costs will be borne by the party incurring them. The Arbitrator will have no power to add to, subtract from or modify the terms of this Agreement or the written policies, rules, regulations and procedures of the District. After the Arbitrator has afforded an opportunity for hearing, the Arbitrator shall render a written decision setting forth findings of fact, reasoning and conclusions on the issue(s) submitted and the award. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The Arbitrator shall have no power to make any monetary award whatsoever except for violations of the Agreement involving wages, holidays, vacation, and leaves. The Arbitrator shall have no power to make any award of punitive damages or any other award made for the sake of example.
6.3.5.2 Either party may appeal the Arbitrator's decision and award to a court of competent jurisdiction. The court shall exercise its independent judgment on the merits of the Arbitr...
Step Four - Arbitration. If the grievance remains unresolved at Step Three, the Union shall have the right to refer the matter to arbitration. In the event the Union elects to do so, it must notify the Bureau of Human Resources of its decision in writing within fifteen (15) calendar days from the conclusion of Step Three.
28.6.1 After the grievance has been referred to arbitration, the parties or their representatives shall jointly request the State Mediation and Conciliation Service for a list of names of seven (7) arbitrators. The parties shall select an arbitrator from that list by such method as they may jointly select, or if they are unable to agree upon a method, then by the method of alternate striking of names under which the grieving party shall strike the first name objectionable to it, and the City shall then strike the first name objectionable to it. The final name left on the list shall be the arbitrator.
28.6.2 The arbitrator’s decision shall be final and binding, but the arbitrator shall have no power to alter, modify, amend, add to or detract from the terms of this Agreement. The decision of arbitration shall be within the scope and terms of this Agreement and shall be in writing.
28.6.3 The City and Union involved shall divide equally the arbitrator’s fee, the cost of any hearing room, and the cost of a shorthand reporter if requested by an arbitrator. All other expenses shall be paid by the party incurring them.
28.6.4 The time limits specified herein shall be jurisdictional unless waived by mutual agreement of the parties. The Union involved shall have sole authority to determine whether a grievance shall be submitted to arbitration, and any such decision or settlement of the grievance between the Union and the Bureau of Human Resources /Bureau Head in good faith shall be binding on all parties.
