Fourth Step. A grievance which is not adjusted in the third step to the satisfaction of the Union may be submitted to arbitration by the Union, but only in accordance with all of the following terms and conditions:
Fourth Step. If the grievance is not satisfactorily adjusted in the Third Step, then within five (5) normal business days after the Assistant/Associate/Director’s written decision has been given to the Union representative, but not thereafter, the aggrieved employee, and the member of the Grievance Committee selected by the Union may discuss the matter with a Committee comprised of the Associate Vice President of Facilities Operations and Management, the Director of Dartmouth Dining Services and the Director of Residential Operations, or their designees. The Committee (or a majority thereof) will, within seven
Fourth Step. If the committee from step 3 reply does not resolve the grievance, the employee may submit the grievance to an impartial arbitrator by delivering to the District head a Notice of Arbitration within 10 business days after receipt of the committee's reply. The arbitrator shall be appointed by mutual agreement of the parties. If the parties do not agree on an arbitrator within 10 business days of the delivery of the Notice of Arbitration, an arbitrator shall be selected from a list of 7 arbitrators submitted by the Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot. Either the District or the Association may call any employee as a witness, and the District agrees to release said from work if he/she is on duty. If an employee witness is called by the District, the District will reimburse him for time lost; if called by the Association, the Association may pay the expense. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of the Agreement or ordinances, resolutions or rules. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by him by the respective parties in the presence of each other. In the case of a discharge or disciplinary layoff grievance, the arbitrator shall have the power to return the grievant to his/her employee status with or without restoration of back pay, or mitigate the penalty as equity suggests under the facts. The mutual decision of the parties and/or the arbitrator in any dispute shall be the final and binding decision on all parties and there shall not be any appeal to another authority, board, commission and/or agency for it is the intent of the Agreement to supplement the Civil Service Commission hearing and appeal system with the provision of this Agreement. The arbitrator may hear and determine only one grievance at a time without the express agreement of the District and Association unless more than one pending grievance raises the same issue or issues. The District shall pay all arbitrator's fees and expense and the cost of the hearing room but all other costs shall be paid by the party incurring them.
Examples of Fourth Step in a sentence
If the answer of the Directors is not satisfactory, the Association shall have fifteen (15) work days to appeal the grievance to the Fourth Step of this grievance procedure.
More Definitions of Fourth Step
Fourth Step. If not satisfactorily settled at Step 3, the grievance may be referred to a mediator from the Federal Mediation and Conciliation Service to aid in reaching a satisfactory settlement within fifteen (15) days of the third step decision.
Fourth Step. If the grievance is not satisfactorily adjusted in the Third Step, then within five (5) normal business days after the Director’s written decision has been given to the Union representative, but not thereafter, the aggrieved employee, and the member of the Grievance Committee selected by the Union may discuss the matter with a Committee comprised of the Senior Associate Xxxx and Director or their designees. The Committee (or a majority thereof) will, within seven (7) normal business days, give its written answer to the Union. 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 three
Fourth Step. If a mutually acceptable solution was not reached in the prior step, the grievant may submit the written grievance to the Director of Human Resources, within the thirty (30) calendar days specified above. The Director of Human Resources shall forward the grievance to the City Manager. As an alternative to submitting the grievance to the City Manager, only XXXX can specify that the grievance be submitted to a hearing officer within the same thirty (30) calendar days specified above. If a hearing is requested, the CITY shall request a list of five (5) hearing officers from the State Mediation and Conciliation Service. The CITY and MCMA shall alternately strike names from the list until only one name remains and the remaining name shall be that of the hearing officer. The cost of the hearing shall be shared equally by both parties. At the conclusion of the hearing, the hearing officer shall make recommendations to the City Manager. The decision of the City Manager shall be rendered within twenty (20) calendar days of receipt of the hearing officer’s recommendations, or within twenty (20) calendar days of receipt of the grievance if no hearing before a hearing officer was requested. The decision of the City Manager shall be final and binding on all parties.
Fourth Step. In the event a grievance has not been resolved to the satisfaction of the aggrieved party at the third step, the aggrieved member shall file, within five (5) working days of the principal's written decision, or answer, at the third step, a copy of the grievance with the superintendent. Within ten (10) working days after such written grievance is filed, the aggrieved, representative of the aggrieved as desired, the principal, and the superintendent, or his designee, shall meet to resolve the grievance. The superintendent, or his designee, shall file an answer within ten (10) working days of the fourth step grievance meeting and communicate it in writing to the member, the principal, and the Council. Fifth Step: If the grievance is not resolved satisfactorily to the Council within five (5) working days after Step No. 4 is completed, the Council shall file a copy of the grievance with the Board, with grievance to be considered no later than the next regular meeting. Within five (5) working days after consideration by the Board, there shall be arbitration. The Council may submit, in writing, a request to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within seven (7) working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within seven (7) working days, the American Arbitration Association shall be requested to provide an arbitrator in accordance with its rules. The decision of the arbitrator shall be binding on the parties. Expenses for the arbitrator's services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Council. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The arbitrator, in his opinion, shall not amend, modify, nullify, ignore, or add to the provisions of this Agreement. His authority shall be strictly limited to deciding only the issue or issues presented to him in writing by the Board and the Council, and his decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement.
Fourth Step. Next fifteen hundred (1500) hours: Apprentices may perform work assisting a Journeyman on all classes of work, nominal voltages up to and including 25kv, as long as a Journeyman Lineman is in the same gain. Additionally, Fourth Step Apprentices shall be eligible to work outages with a Journeyman Lineman. *Apprentice Linemen must satisfactorily pass all applicable examinations given at the IBEW Local 702 school in order to advance to the next identified step.
Fourth Step. If the grievance has not been settled in the Third Step either party may submit the grievance to arbitration through the American Arbitration Association in accordance with its Voluntary Labor Arbitration Rules, then obtaining, provided such submission is made within fifteen (15) calendar days after receipt of Employer's third step answer. Failure to request arbitration in writing within such period shall be deemed a withdrawal by the Union of such 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 of the provisions of this Agreement but shall be limited solely to the interpretation and application of the specific provision contained herein. The decision of the arbitrator shall be final and binding upon the parties hereto. The expenses and fees of the arbitrator and the American Arbitration Association shall be shared equally by the Employer and the Union. The wages and expenses of witnesses and representatives of the Employer shall be borne by the Employer and the wages and expenses of witnesses and representatives of the Union shall be borne by the Union.
Fourth Step. If the Grievance Committee indicates in writing within 48 hours that the response of the Director, or his designated representative, is an unsatisfactory settlement of the matter; the International Representative of the Union, the Grievance Committee and the Director and/or his designated representative shall meet to reach a mutually satisfactory settlement. The parties shall attempt to settle the grievance within one (1) week of the written response of the Grievance Committee.