Step 4. In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.
Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant General Manager, or designee, within five (5) days from the date the Step 3 finding was issued. The Assistant General Manager, or designee, shall respond in writing to the employee within ten (10) days after the date the grievance is received.
Step 4. 25.5.4.1 If mediation under this section does not resolve the parties’ dispute, the District may, but does not require arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
Step 4. If the grievance has not been resolved, the Union may refer the dispute to final and binding arbitration. The Union shall notify the County in writing, of submission to arbitration within ten (10) working days after receipt of the County's written response in Step 3 above.
Step 4. A. If the grievance is not resolved at Step 3, either party may within 15 calendar days request advisory arbitration. A request to proceed to advisory arbitration shall be filed with the Human Resources Director, who will act promptly to request a list of seven arbitrators from the American Arbitration Association (AAA). The Human Resources Director will instruct the AAA to issue a copy of the list to both the County and Union. Once the parties have received the lists, representatives of the parties will meet within 5 working days to determine if they can mutually agree upon using one of the arbitrators listed. Should the parties not be able to reach agreement, the parties shall alternately strike one name from the list until only one name remains. That person shall be the Arbitrator. The right to strike the first name shall be determined by lot.
Step 4. If the grievant is not satisfied with the reply in Step 3, within ten (10) days thereafter the written grievance may be presented to the County Superintendent of Schools or designee. The County Superintendent of Schools or designee shall reply within ten (10) days thereafter. This is the final administrative review of the grievance procedure.
Step 4. If the Association is not satisfied with the disposition of the grievance at Step 3 or ten (10) days have passed without issuance of the Board’s decision, the Association may submit the grievance to final and binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA), which shall act as administrator of the proceedings. Upon mutual agreement, the Expedited Arbitration Rules of the AAA shall be used. If a demand for arbitration is not filed within thirty (30) days of the date for the Step 3 decision, then the grievance shall be deemed withdrawn.
Step 4. If the grievance is not settled in Step 3, either of the signatory parties to this Agreement may submit the grievance to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations, or the City and the Union may mutually agree to an alternative method to select an arbitrator. Such reference to arbitration shall be made within twenty (20) business days after receipt of the City's answer or failure to answer in Step 3 and shall be accompanied by the following information:
Step 4. (1) If a satisfactory decision has not been rendered, the Association may submit the grievance to binding arbitration within twenty (20) business days of the disposition at Step 2 or Step 3, whichever is appropriate.
Step 4 a. Within ten (10) working days after receiving the decision of the Superintendent or designee, the Association President may provide written notice of the Association’s intent to appeal to the Board of Education. The Board shall grant a grievance hearing within thirty (30) calendar days, and shall advise the Association President of the hearing at least forty-eight (48) hours in advance.
