STEP IV. If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within the above stated time limits, the grievant and/or the Association shall complete Grievance Report Form, Step IV, within ten (10) school days after notification of Step III disposition and submit the grievance to final and binding arbitration according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator's decision will be final and binding on all parties. The cost of arbitration shall be the responsibility of the party losing arbitration.
STEP IV. Within ten (10) days after receipt of the Board's disposition, the Association may submit a request to the Superintendent advancing the grievance to binding arbitration. An arbitrator shall be chosen through the American Arbitration Association using its Voluntary Labor Arbitration Rules. The arbitrator’s award shall be final and binding on all parties. The cost of the arbitrator and the fees of the American Arbitration Association shall be borne by the losing party. The arbitrator will specify in his/her award which party is the loser. If the loser is not clearly stated or the award involves multiple issues which split the award, the cost shall be equally divided between the Board and Association. The arbitrator shall have no authority to add to, subtract from, disregard, alter, or modify any terms of this Agreement, nor shall he/she make any decisions contrary to law. The arbitrator may rule on any alleged violation of the procedures relating to unit member evaluation specifically outlined in this Agreement, but shall not substitute his/her judgment for that of the evaluator. If an alleged grievance is submitted to an arbitrator on which he/she determines that he/she has no authority to rule, it shall be referred back to both parties without decision or recommendation on its merits.
STEP IV. If the Association and/or grievant is not satisfied with the disposition of the grievance at Step III, it may, within ten (10) days after the decision of the Board, refer the matter for arbitra- tion to the American Arbitration Association in writing and request the appointment of an arbi- trator to hear the grievance. If the parties cannot agree upon an arbitrator, he/she shall be select- ed in accordance with the rules of the American Arbitration Association. Neither party may raise a new defense or ground at Step IV not previously raised or disclosed at other written steps.
STEP IV. If the grievance is not settled at Step III, the aggrieved employee shall, within ten (10) working days from the date of the decision at Step III, forward the written grievance to the Sheriff. The Sheriff, or designee, shall meet with the aggrieved employee and/or designated representative within ten (10) working days after receipt of the grievance. The Sheriff, or designee, shall furnish a copy of the decision in writing to the aggrieved employee, with a copy to the F.O.P., within ten (10) working days after the meeting.
STEP IV. After one (1) or more incident(s) of a similar or non-similar nature occurring after Step III, which would have warranted at least Step I action, the immediate supervisor shall give the unit member on an individual basis a Notice that a removal or suspension without pay shall be administered.
STEP IV. If the employee is dissatisfied with the decision of the Department Head, they may, within 5 days, appeal to the City Manager on the approved form. The City Manager shall render a decision in writing within ten days on the approved form.
STEP IV. In the event that arbitration of a grievance which has been properly processed through the Grievance Procedure is desired by either party, then the other party shall be notified in writing not later than fifteen (15) working days after receipt of the reply given in writing on the grievance under Step III. Such grievance may then be referred to the appropriate impartial umpire listed in 7.07.
STEP IV. If the Association is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration before an impartial arbitrator, mutually acceptable to the parties. If the parties cannot agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, the arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
STEP IV. If the grievance remains unresolved following receipt of the Board's decision, the Association may within ten (10) work days refer the matter for arbitration to the American Arbitration Association, in writing, and request the appointment of an arbitrator to hear the grievance, who shall be selected in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and conclusive, and binding upon the Association, its members, the employee or employees involved, and the Board.
STEP IV. 19.3.4.1 In the event the grievant is not satisfied with the decision at Step III, or no response is received, the grievant may make written appeal of the decision to the County Superintendent within fifteen (15) days after receiving a decision from Step III. The appeal shall take the form of a request calling for the convening of an informal fact-finding committee, hereafter "committee", and shall include a clear, concise statement of the reasons for the appeal.
