Third Formal Step Clause Samples
The 'Third Formal Step' clause outlines the third required action or procedure in a formal process, often within a contractual or dispute resolution framework. This step typically follows two prior formal steps, such as initial notification and a response or meeting, and may involve escalation to a higher authority, submission of documentation, or initiation of a formal review. By specifying this step, the clause ensures that all parties follow a structured sequence, promoting fairness and thoroughness in resolving issues or fulfilling obligations.
Third Formal Step. Any grievance which has not been resolved by the procedures hereinabove set forth may be referred to the City Manager by the grievant, the Union, or the Director of Public Works. Any such referral shall be in writing including a copy of the original grievance, the decision rendered at the Director's level, and a clear, concise statement of the reasons for the referral. The City Manager shall designate a Human Resources representative to investigate the merits of the complaint, and upon request from the employee or the union, that representative to meet with the complaining employee (and/or the employee's ▇▇▇▇▇▇▇ or Union representative), if the grievant is not the Union itself, to meet also with the officials of the Union, and to settle such grievance or to make recommendations thereon to the City Manager in his or her capacity as an employee relations officer. The City Manager shall issue a decision within ten (10) days of receipt of the grievance referral or within ten (10) days of the meeting, or if a meeting is held with the employee and/or the Union, the meeting must be held within ten (10) days of the referral. Grievances filed by a bargaining member where the Union is not representing or acting on the grievant’s behalf, shall end at this step and no further right of appeal exists. The City Manager’s decision shall be final.
Third Formal Step. If the aggrieved is not satisfied with the disposition of the grievance at the second formal step, the association may, within ten (10) days after receipt of the disposition from the second formal step, submit the grievance to arbitration by the Federal Mediation and Conciliation Service whose rules and regulations shall likewise govern the proceedings. (See Appendix A-2 for form.) Notification of intent to appeal a grievance to arbitration shall be submitted in writing to the Superintendent. Unless contrary to law, the decision of the arbitrator shall be final and binding upon the board, the association and any professional staff member involved in the matter. The arbitrator shall not add to, alter or delete from the terms of this agreement. In cases where the procedural arbitrability of an issue is questioned, the matter of arbitrability shall be ruled upon by the arbitrator in an expedited fashion prior to hearing any evidence or issuing any ruling on the merits of the issue. The arbitrator shall be selected in accordance with rules of the Federal Mediation and Conciliation Service. Neither party shall have the authority to independently designate an arbitrator. The cost of arbitration will be borne equally by the board and the association.
Third Formal Step. If the aggrieved is not satisfied with the disposition of the grievance at the second formal step, they may, within ten (10) days after receipt of the disposition from the second formal step, submit the grievance to arbitration by the Federal Mediation and Conciliation Service (FMCS) whose rules and regulations shall likewise govern the proceedings. Notification of intent to appeal a grievance to arbitration shall be submitted in writing to the Superintendent. Unless contrary to law, the decision of the arbitrator shall be final and binding upon the Board, the Association, and any employee involved in the matter. The arbitrator shall not add to, alter or delete from the terms of this Agreement. In cases where the procedural arbitrability of an issue is questioned, the matter of arbitrability shall be ruled upon by the arbitrator in an expedited fashion prior to hearing any evidence or issuing any ruling on the merits of the issue. The arbitrator shall be selected in accordance with rules of FMCS. Neither party shall have the authority to independently designate an arbitrator. The cost for the services of the arbitrator will be borne equally by the Board and the Association.