Step 4: Civil Service Board - Arbitration Sample Clauses

Step 4: Civil Service Board - Arbitration. Should the grievance remain unresolved, within fourteen (14) calendar days of the meeting described in Section 12.2.3, either party may submit the grievance to an impartial arbitrator who shall be selected by mutual agreement or, if such agreement is not reached, by alternately striking names from a list of five arbitrators submitted by the State Mediation and Conciliation Service. Alternatively, in the case of a grievance concerning discharge or disciplinary action against a unit member, the Union may elect to submit such grievance to the Civil Service Board instead of to an arbitrator. The Civil Service Board may elect to use a Hearing Officer for such appeals as described in Appendix A. In the event that the Union elects to submit such grievance to the Civil Service Board, the filing of the written grievance in accordance with the provisions of Step 1 (b) above shall satisfy the requirement of the Personnel Ordinance that the unit member gives notice of intent to appeal a discharge or disciplinary action. If arbitration is selected, it is agreed that the arbitrator’s decision shall be final and binding on all parties and the arbitrator's fees shall be borne equally by the parties. The arbitrator shall have no power to add to or subtract from the provisions of this agreement or of the Personnel Rules. Notwithstanding the above, the option of arbitration may not be elected in grievances filed by probationary unit members whose basis is failure to successfully complete the probationary period.
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Step 4: Civil Service Board - Arbitration. Should the grievance remain unresolved, within fifteen (15) working days of such written notice or said meeting, either party may submit such grievance to an impartial arbitrator who shall be selected by mutual agreement or, if such agreement is not reached, by alternately striking names from list of five (5) arbitrators submitted by the State Mediation and Conciliation Service. The decision of which party strikes first shall be determined by a coin toss. Alternatively, in the case of a grievance concerning disciplinary action against a represented employee (except represented employees in Unit UM1, the Union may elect to submit such grievance to the Civil Service Board, instead of to an arbitrator. The Civil Service Board may elect to use a Hearing Officer for such appeals as described in Appendix C, Civil Service Use Of Hearing Officer. In the event that the Union elects to submit the grievance to the Civil Service Board, the filing of the written grievance in accordance with the provisions of Step 1, 15.2.1 above shall satisfy the requirement of the Personnel Ordinance that the represented employee gives notice of intent to appeal a disciplinary action.
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Step 4: Civil Service Board - Arbitration. Should the grievance remain unresolved, within fourteen (14) calendar days of the meeting described in Section 12.2.3, either party may submit the grievance to an impartial arbitrator who shall be selected by mutual agreement or, if such agreement is not reached, by alternately striking names from a list of five arbitrators submitted by the State Mediation and Conciliation Service. Alternatively, in the case of a grievance concerning discharge or disciplinary action against a unit member, the Union may elect to submit such grievance to the Civil Service Board instead of to an arbitrator. The Civil Service Board may elect to use a Hearing Officer for such appeals as described in Appendix
Sample 1
Step 4: Civil Service Board - Arbitration. Should the grievance remain unresolved, within fifteen (15) working days of such written notice or said meeting, either party may submit such grievance to an impartial arbitrator who shall be selected by mutual agreement or, if such agreement is not reached, by alternately striking names from list of five (5) arbitrators submitted by the State Mediation and Conciliation Service. The decision of which party strikes first shall be determined by a coin toss. Alternatively, in the case of a grievance concerning disciplinary action against a represented employee (except represented employees in Unit UM1, the Union may elect to submit such grievance to the Civil Service Board, instead of to an arbitrator. The Civil Service Board may elect to use a Hearing Officer for such appeals as described in Appendix C, Civil Service Use Of Hearing Officer. In the event that the Union elects to submit the grievance to the Civil Service Board, the filing of the written grievance in accordance with the provisions of Step 1, 15.2.1 above shall satisfy the requirement of the Personnel Ordinance that the represented employee gives notice of intent to appeal a disciplinary action. If arbitration is selected, it is agreed that the arbitrator’s decision shall be final and binding on all parties and the arbitrator’s fees shall be borne equally by the parties. The arbitrator shall have no power to add to or subtract from the provisions of this Agreement or of the Personnel Rules. For all grievances advanced to Step 4, the parties shall participate (either in person or via telephone) in a good faith settlement conference at least forty-five (45) calendar days prior to the hearing. At least twenty (20) calendar days prior to the hearing, the parties shall attempt to prepare a submission to the arbitrator, signed by both parties setting forth the issue(s) and specific provision number(s) in dispute. Should the parties fail to agree on a submission, the arbitrator shall determine the issue(s) after the parties’ opening statements and prior to the taking of evidence or testimony. If both parties agree to use a mediator to assist in this process, the costs will be split equally between the parties.
Sample 1

Related to Step 4: Civil Service Board - Arbitration

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • 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 Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • Arbitration Board Hearings Where operational requirements permit, the Employer shall grant leave without loss of pay to a reasonable number of employees representing the Union before an Arbitration Board, provided the dispute involves the Employer.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCES AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Addendum B, attached hereto, shall be utilized to resolve grievances.

  • Level IV - Arbitration Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to arbitration.

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