Step IV. If the aggrieved is not satisfied with the disposition at Step III, the aggrieved may choose to submit the grievance to either a School Board hearing or an arbitrator. If the aggrieved chooses a Board appeal, the Board shall hold a hearing within thirty (30) calendar days after the receipt of the grievance. The aggrieved and the Board shall have the right to include in its representation such witnesses and counselors as they deem necessary to develop facts and proofs pertinent to the grievance. All expenses of counselors and witnesses for each party will be handled by the party requesting their attendance. Upon conclusion of the hearing, the Board shall have seven (7) working days in which to provide its written decision to the aggrieved. Such decision is final and not subject to the arbitration step of this Article.
Step IV. The employer and the employee representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the employer and employee representatives are unable to agree on an arbitrator, they may request from the Director of the Bureau of Mediation Services, State of Minnesota, a list of (5) names. The list maintained by the Director of the Bureau of Mediation Services shall be made up of qualified arbitrators who have submitted an application to the Bureau. The parties shall alternately strike names from the list of five (5) arbitrators until only one (1) name remains. The remaining arbitrator shall hear and decide the grievance. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. Each party shall be responsible for equally compensating the arbitrator for fees and necessary expenses. The arbitrator shall not have the power to add to, subtract from, or to modify in any way the terms of the existing contract. The decision of the arbitrator shall be final and binding on all parties to the dispute unless the decision violates any provision of the laws of Minnesota or rules or regulations promulgated thereunder, or municipal charters or ordinances or resolutions enacted pursuant thereto, or which causes a penalty to be incurred thereunder. The decision shall be issued to the parties by the arbitrator, and a copy shall be filed with the Bureau of Mediation Services, State of Minnesota.
Step IV. If the decision of the School Committee is unsatisfactory, the Association may refer the grievance to Arbitration by giving written notice of such intent to the Superintendent of Schools and to the Chairman of the School Committee within ten (10) school days after receipt of the Step III decision. If the Committee and the Association cannot agree within seven (7) school days after written notice specified above of the intention to arbitrate, then the party demanding arbitration shall within three (3) school days thereafter request a panel consisting of one member of the School Committee, one member of the Association, and one neutral person mutually selected by the Committee and the Association who will render within ten (10) school days a written decision which shall be final and binding. The panel shall be without power, authority, or jurisdiction to alter, add to or detract from the provisions of this Agreement, or to make any decision which changes or modifies any decision as to which the School Committee has sole discretion under the express terms of this Agreement. The panel's authority shall extend only to finding whether an Employee has been deprived of right or benefit included in the express terms of this Agreement.
Examples of Step IV in a sentence
In the event the grievance is not answered within the time limits set forth herein, either the employee, except for appeals to Step IV, or the appropriate Union representative may appeal the grievance to the next higher step within the time limits provided.
A grievance may be withdrawn at any level prior to Step IV without prejudice or record.
If the grievance remains unresolved, the Association may within ten (10) working days of receipt of the disposition advance the grievance to Step IV.
Grievances involving the interpretation or application of the provisions of this Article may be processed through Step IV of the grievance procedure set forth in Article 29 of this Agreement but shall not be processed to Step V thereof.
Nothing herein shall prevent the parties from mutually agreeing to utilize Step IV, Mediation, of Article XXI, prior to Step V, Arbitration.
More Definitions of Step IV
Step IV. The employer and the employee representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the employer and employee representative are unable to agree on an arbitrator, they may request from the Bureau of Mediation Services a list of 5 names. The parties shall alternately strike names from the list of 5 arbitrators until only 1 name remains. The remaining arbitrator shall hear and decide the grievance. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. Each party shall be responsible for equally compensating the arbitrator for his/her fee and necessary expenses. The arbitrator shall not have the power to add to, subtract from, or to modify in any way the terms of the existing contract. The decision of the arbitrator shall be final and binding on all parties to the dispute unless the decision violates any provision of the laws of Minnesota or rules or regulations promulgated thereunder, or municipal charters or ordinances or resolutions enacted pursuant thereto, or which causes a penalty to be incurred thereunder. The decision shall be issued to the parties by the arbitrator, and a copy shall be filed with the Bureau of Mediation Services, State of Minnesota.
Step IV. If no settlement is reached in Step III above and the Association desires to pursue the matter further, it may refer the grievance to arbitration by written notice to the District within fourteen (14) workdays from the conclusion of Step III. If such grievance is not referred to arbitration within fourteen
Step IV. The grievance shall be considered settled in Step III, unless within fifteen (15) days from the date of Human Resources' written answer or last date due, a request is made for arbitration.
Step IV. The grievance shall be considered settled in Step III, unless within fifteen (15) days after the written answer of the Director of Labor Relations or his/her designee is received, a written appeal to arbitration is made as hereinafter provided.
Step IV. SUPERINTENDENT: If the grievance is not settled at Step III, the grievant or Union Representative, within ten (10) working days after School Nutrition Director’s response is due, shall forward the written grievance to the Superintendent.
Step IV. If the Union is not satisfied with the disposition of the grievance at Step III, the Union may submit the grievance to final and binding arbitration. If a demand for arbitration is not filed with the Employer within thirty (30) days of the date of the Step II answer, then the grievance shall be deemed withdrawn. If within fifteen (15) days of the filing of the demand with the Employer the parties cannot agree on the arbitrator, the demand shall be submitted to the American Arbitration Association, which shall act as the administrator of the proceedings.
Step IV. If the grievance committee is not satisfied with the disposition of the matter by the Manager of Employee and Labor Relations under Step III, they may within ten (10) working days of the Manager of Employee and Labor Relations’ written answer appeal to 4th step for a final attempt to settle the grievance before referring the dispute to final and binding arbitration. The Chief Human Resources Officer (or functional equivalent if there is an administrative re-organization after the effective date of this Agreement- “Chief Human Resources Officer”) shall schedule a meeting with the OCOPE Grievance Committee to be held within twenty (20) working days of the appeal to Step IV. The Chief Human Resources Officer shall provide a written response to the Step IV meeting within twenty (20) working days. Failure to submit such response within this time-frame shall constitute a granting of the grievance and the remedy sought therein. Notice of appeal to arbitration by XXXXX must be submitted to the Chief Human Resources Officer in writing within twenty (20) working days of the Step IV written answer (or Step III answer if Step IV is not used). Failure to appeal the grievance to arbitration within this timeframe shall constitute a waiver of OCOPE’s right to appeal such grievance to arbitration. No later than ten (10) working days after XXXXX serves the Chief Human Resources Officer with written notice of its intent to appeal a grievance to arbitration, OCOPE shall file a request with the Federal Mediation and Conciliation Services for an arbitration panel, and an arbitrator will then be selected under the labor arbitration rules and procedures of the Federal Mediation and Conciliation Services (“FMCS”).