FIFTH STEP. If the grievance is not settled in the third step above or fourth step (FMCS mediation) the Association may submit the grievance to final and binding arbitration by serving written notice of intent to arbitrate on the Board’s Superintendent within twelve (12) calendar days from the date of the FMCS mediation or if no mediation, the third step answer. All grievances noticed for arbitration shall, unless otherwise settled, be heard and decided by an arbitrator.
FIFTH STEP. If the grievance is not satisfactorily adjusted in the Fourth Step, then within seven (7) normal business days after the decision of the Committee has been given to the Union, but not thereafter, the matter shall be disposed of as follows: The Grievance Committee of the Union (which shall be composed of not more than four (4) members and the identity of whom, after being selected by the Union, be made known in writing by the Union to the College) shall present to the Associate Vice President of Human Resources or her designee a written request for a conference for the purpose of discussing and settling the alleged grievance and which written request shall state the nature of the grievance, the Article(s) allegedly violated, and the remedy sought. The conference shall be arranged by the Associate Vice President of Human Resources or her designee with the President of the Union or his duly authorized agent and shall be held within five (5) normal business days following receipt of the written request for a conference. The decision of the College shall be made in writing within ten (10) normal business days after the conference is held and a copy delivered to the Union. It is understood that the International Representative of the Union may be present at this conference. The time limits set forth in each step of the above grievance procedure will be adhered to unless such limits are extended by mutual written agreement of the College and the Union.
FIFTH STEP. If not satisfactorily settled at Step 3 or Step 4, the grievance may be appealed to Arbitration. Either party’s right to process the grievance to arbitration shall be deemed waived and a demand for arbitration barred should the complaining party fail to submit a written demand for arbitration to the American Arbitration Association (AAA) within thirty (30) calendar days of the College’s decision as described above in Step 3. The Arbitrator shall be selected by the parties from a panel of arbitrators furnished by the AAA. Each party to this Agreement shall bear the expenses of preparing and presenting its own case. The fee and expense of the Arbitrator, together with any incidental expenses mutually agreed upon in advance, shall be borne equally by the parties hereto. The decision of the Arbitrator shall be final and binding upon both parties. It is understood that the Arbitrator shall have the power to modify on disciplinary cases, but shall be unable to modify the Agreement.
Examples of FIFTH STEP in a sentence
The Union may also choose to be represented by an executive member of Local FIFTH STEP: If the Union does not agree with the Company’s decision given at Fourth Step, the grievance may be referred to Arbitration under Section within ninety (90) working days of the Fourth Step answer.
The Union may also choose to be represented by the representative of Local FIFTH STEP If the Union does not agree with the Company’s decision given at Fourth Step, the grievance may be referred to Arbitration under Section within ninety (90) working days of the Fourth Step answer.
More Definitions of FIFTH STEP
FIFTH STEP. In the event the Employer and the Union are unable to agree upon a settlement, they shall within ten
FIFTH STEP. If the grievance has not been resolved in the foregoing steps and the Union desires to process the grievance further, it shall submit the grievance to arbitration through the American Arbitration Association in accordance with it's Voluntary Labor Arbitration Rules, then obtaining, provided such submission is made within forty-five (45) days after receipt by the Union of the City Manager's Third Step answer. Failure to request arbitration in writing within such period shall be deemed a withdrawal of the grievance and it will not be considered further in the grievance procedure. The arbitrator shall have no authority to add to, subtract from, change or modify any provisions of this Agreement but shall be limited solely to the interpretation and application of the specific provisions contained herein. However, nothing contained herein shall be construed to limit the authority of an arbitrator, in his own judgment, to sustain, reverse or modify any alleged unjust discharge that may reach this stage of the grievance procedure. The decision of the arbitrator shall be final and binding upon the parties hereto. The Employer and the Union shall share the expenses and fees of the arbitrator and the American Arbitration Association equally.
FIFTH STEP. On the anniversary date which represents the commencement of the 25th year of service and every anniversary date thereafter- 12%.