Common use of Advisory Arbitration Clause in Contracts

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working business days, following its termination in the grievance procedureGrievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working business days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, reached the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working business days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working business days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working business days. The arbitrator shall have no authority to amend, alter, alter or modify this agreement MOU or its terms and shall limit recommendations solely to the interpretation and application of this agreementMOU. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, witnesses and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by A. If the grievance procedure is not settled in accordance with the foregoing procedure, the Union may be submitted refer the grievance to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination workdays after receipt of the Associate Superintendent’s answer in Step 4. It shall be the function of the arbitrator to make a recommendation to the Governing Board for the resolution of the grievance. B. The parties shall attempt to agree upon an arbitrator within ten (10) workdays after receipt of notice of referral and in the grievance procedure. The following Advisory Arbitration procedures event the parties are unable to agree upon an arbitrator within said ten (10) day period, the parties shall be followed: (1) The requesting party will notify immediately jointly request the other party in writing State Conciliation Service to submit a panel of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties arbitrators. Either party may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitratorsreject one (1) entire panel. Both the City District and the Association Union shall have the right to strike two (2) names from the listpanel. The One party requesting the arbitration shall strike the first name; , the other party shall then strike one a second name. The process will be repeated , the first party a third name, and other party a fourth name, and the remaining person shall be the arbitrator. (2) . The order of striking shall be determined by a coin toss. The arbitrator shall hear be notified of his selection by a joint letter from the case within twenty District and the Union requesting that he or she set a time and place, subject to the availability of the District and Union representatives. All arbitration hearings shall be held in Tracy, California (20) working days after unless the parties mutually agree otherwise). C. The District and the grievant shall share equally all costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses. X. Xxxxxx party may request a certified court reporter to record the arbitration hearing. The cost of the service and expenses of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree to do so. If the arbitrator has been selected. The arbitrator may make requests a written report court reporter, the cost shall be shared by both parties and the court reporter shall deliver a copy of their findings the transcript of the proceedings to the Association and the City arbitrator within fifteen (15) working days after of the hearing is concludedlast day of the hearing. Any party to the proceeding shall be entitled to a copy of the reporter's transcript upon payment of the required fee. E. The arbitrator’s advisory recommendation shall be presented to the District’s Governing Board. The arbitrator District shall make rules of procedurepresent the arbitrator’s decision to the Governing Board. The Governing Board shall review the arbitrator’s recommendation and may review the evidence submitted at arbitration. The Governing Board may adopt the arbitrator’s recommendation or modify it at its discretion. The decision of the arbitrator Governing Board shall be advisory final and not subject to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, review by any court or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreementagency. (3) Each grievance F. Two or dispute will more grievances may not be submitted to a separately convened arbitration proceeding joined or consolidated for hearing by an arbitrator except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitratorupon agreement of both parties. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by A. If the grievance procedure is not settled in accordance with the foregoing procedure, the Union may be submitted refer the grievance to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination workdays after receipt of the Associate Superintendent’s answer in Step 4. It shall be the function of the arbitrator to make a recommendation to the Governing Board for the resolution of the grievance. B. The parties shall attempt to agree upon an arbitrator within ten (10) workdays after receipt of notice of referral and in the grievance procedure. The following Advisory Arbitration procedures event the parties are unable to agree upon an arbitrator within said ten (10) day period, the parties shall be followed: (1) The requesting party will notify immediately jointly request the other party in writing State Conciliation Service to submit a panel of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties arbitrators. Either party may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitratorsreject one (1) entire panel. Both the City District and the Association Union shall have the right to strike two (2) names from the listpanel. The One party requesting the arbitration shall strike the first name; , the other party shall then strike one a second name. The process will be repeated , the first party a third name, and other party a fourth name, and the remaining person shall be the arbitrator. (2) . The order of striking shall be determined by a coin toss. The arbitrator shall hear be notified of his selection by a joint letter from the case within twenty District and the Union requesting that he or she set a time and place, subject to the availability of the District and Union representatives. All arbitration hearings shall be held in Tracy, California (20) working days after unless the parties mutually agree otherwise). C. The District and the grievant shall share equally all costs for the services of the arbitrator, including, but not limited to, per diem expenses, travel and subsistence expenses. D. Either party may request a certified court reporter to record the arbitration hearing. The cost of the service and expenses of such court reporter shall be paid by the party requesting the reporter or shared by the parties if they mutually agree to do so. If the arbitrator has been selected. The arbitrator may make requests a written report court reporter, the cost shall be shared by both parties and the court reporter shall deliver a copy of their findings the transcript of the proceedings to the Association and the City arbitrator within fifteen (15) working days after of the hearing is concludedlast day of the hearing. Any party to the proceeding shall be entitled to a copy of the reporter's transcript upon payment of the required fee. E. The arbitrator’s advisory recommendation shall be presented to the District’s Governing Board. The arbitrator District shall make rules of procedurepresent the arbitrator’s decision to the Governing Board. The Governing Board shall review the arbitrator’s recommendation and may review the evidence submitted at arbitration. The Governing Board may adopt the arbitrator’s recommendation or modify it at its discretion. The decision of the arbitrator Governing Board shall be advisory final and not subject to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, review by any court or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreementagency. (3) Each grievance F. Two or dispute will more grievances may not be submitted to a separately convened arbitration proceeding joined or consolidated for hearing by an arbitrator except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitratorupon agreement of both parties. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or 1. If the aggrieved person is not satisfied with the disposition of his/her grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitratorat Stage D, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator if no decision has been selected. The arbitrator may make a written report of their findings to the Association and the City rendered within fifteen (15) working days workdays after he/she has first met with the hearing Board, he/she may, within five (5) workdays after a decision by the Board or fifteen (15) workdays after he/she has met with the Board, whichever is concludedsooner, file the grievance in writing with the President of the Union or his/her designee, with a copy to the Superintendent of Schools, requesting the Union to submit his/her grievance to arbitration. If the Union determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) workdays after receipt of a request by the aggrieved person by notifying the Board and the Superintendent to that effect. 2. Within ten (10) workdays after such written notice of submission to arbitration, the Board and the Union may agree on a mutually acceptable arbitrator. If they are unable to agree on an arbitrator within such time, then either party may request the American Arbitration Association to designate a panel of arbitrators experienced in public employment relations with a reference to schools from which, in accordance with the rules then obtained of the American Arbitration Association, an arbitrator will be selected or designated. 3. The arbitrator so selected will hold closed hearings promptly in the City of White Plains and will issue a written award not later than thirty (30) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs are submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement; nor shall make rules he/she have power to add to, subtract from, change or modify any provision of procedurethis Agreement. He/she shall be authorized only to interpret the existing provisions of this Agreement and to apply them to the specific facts of the grievance. The decision of the arbitrator shall will be advisory to the City Manager who shall render a final decision within ten (10) working daysparties. 4. The costs for the services of the arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when borne equally by the City Employer and the Association mutually agree to have more than one grievance or dispute submitted to Union, except in such cases where the same arbitrator. (4) The City and employee chooses private counsel. In such cases, the Association shall share costs for the expense services of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered arbitrator will be borne by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographeremployee only.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted District within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) A. The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) 5 working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three 3 arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five 5 arbitrators. Both the City District and the Association shall have the right to strike two 2 names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) B. The arbitrator shall hear the case within twenty (20) 20 working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City District within fifteen (15) 15 working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City General Manager who shall render a final decision within ten (10) 10 working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) C. Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City District and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) D. The City District and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedureGrievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract MOU provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association WCE shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may shall make rules of procedure. The arbitrator shall make a written report of their his or her findings to the Association WCE and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, alter or modify this agreement MOU or its terms and shall limit recommendations solely to the interpretation and application of this agreementMOU. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association WCE mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association WCE shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, witnesses and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted a) The Unit employee and IUOE Local 501 jointly, within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working calendar days of the receipt of this noticea notice imposing a disciplinary action, may file an appeal to advisory arbitration. b) If an appeal is filed, the parties may employee representative from IUOE Local 501 shall contact the City within thirty (30) calendar days from the date of appeal to commence selecting an arbitrator and scheduling the matter for arbitration. If the employee representative from IUOE Local 501 does not contact the City within thirty (30) calendar days to commence the process, the employee shall have waived their right to file an appeal to advisory arbitration. c) City and IUOE Local 501 shall agree upon on an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement and if they are unable to agree on an arbitrator cannot be reachedwithin a reasonable time, either City or IUOE Local 501 may request the State Department of Industrial Relations shall be requested by either or both parties Mediation and Conciliation Service to provide submit to them a list of five arbitratorsseven (7) arbitrators who have had experience in the municipal sector. Both the City and IUOE Local 501 shall select the Association arbitrator by alternatively striking names from a list until one (1) name remains. Such person shall then become the arbitrator. Should either party not engage in the strike off process within thirty (30) calendar days of the receipt of the list, then the responsive party shall have the right to strike two names select a name from the list. list and advise the unresponsive party of their selection and that individual shall become the arbitrator for the hearing. d) The party requesting arbitrator so selected shall hold a hearing as expeditiously as possible at a time and place convenient to the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated parties, and the remaining person shall be bound by the following: 1) The arbitrator shall be bound by the language of the MOU and City and department rules and regulations consistent therewith in considering any issue properly before the arbitrator. (2) The arbitrator shall hear expressly confine himself/herself to the case within twenty (20precise issues submitted to him/her and shall have no authority to consider any other issue not so submitted to the arbitrator. 3) working days after the The arbitrator has been selected. shall be bound by Federal, State and Local Law. 4) The arbitrator may make not recommend changes in established wages or benefits, nor recommend the payment of back wages of benefits to a written report date prior to ten (10) days before the grievance was timely filed. 5) Upon conclusion of their the hearing, the arbitrator shall submit findings and an advisory recommendation to the Association employee and to the City Manager. 6) The City Manager shall within fifteen ten (1510) working calendar days after of the hearing is concluded. The arbitrator shall receipt of the written findings and advisory recommendation, make rules the final determination of procedure. the grievance and submit it in writing to the employee and his/her designated representative. 7) The decision of the arbitrator shall be advisory to final and binding only in the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application case of this agreement. The above time limits of this provision may be extended by mutual agreementappeals from disciplinary actions involving discharge. (3) Each grievance or dispute will 8) The cost of the arbitrator and other mutually incurred costs shall be submitted to a separately convened arbitration proceeding except when borne equally by the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitratorIUOE Local 501. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working business days, following its termination in the grievance procedureGrievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working business days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, reached the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working business days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working business days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working business days. The arbitrator shall have no authority to amend, alter, alter or modify this agreement MOU or its terms and shall limit recommendations solely to the interpretation and application of this agreementMOU. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, witnesses and/or stenographer. For the City: For IAFF: Xxxxxxxx Xxxxx, Xxxxxxx Xxxxxxx, Director of Human Resources/Risk Management President, IAFF Local 2180 City of Chula Vista Chief Negotiator Xxxxx Xxxxxxxx Local 2180 IAFF AFL-CIO Xxxxxx Xxxxxx Local 2180 IAFF AFL-CIO Xxx Xxxxxx Local 2180 IAFF AFL-CIO A. FRALS PROGRAM 1. The City has established a First Responder Advanced Life Support Program (FRALS) to provide paramedic trained and certified staff (“EMT-P” or “Paramedic") to the Fire Department (“Department”). The FRALS staff consists of: • Suppression staff in the Firefighter/Paramedic Classification (“FF/PM”) • Suppression staff with EMT-P licensure, but not assigned in the Firefighter/Paramedic Classification (“Other Paramedics”) • Suppression staff with EMT licensure, but not EMT-P (“EMT Compensated”) The FRALS Program will continue until the City terminates the program as set forth in Section (A)(2) of this Agreement. 2. The City Manager, after consultation with the Fire Chief, and with City Council approval, has the discretion to terminate the FRALS program at any time and for any reason. Should the City Manager decide to eliminate the FRALS program, the City shall provide thirty (30) days written notice to IAFF. If the FRALS program is terminated under this Section, all terms of the FRALS program as set forth herein shall cease immediately. The FRALS program will solely be funded through ALS (Advanced Life Support) transport fees. No General Fund monies will be used to fund the FRALS program. 3. The FRALS program will encompass all staffed first responder companies/units. 4. The Department and IAFF will work collaboratively in the assignment of all Paramedic licensed staff. The Fire Chief shall have final authority to determine which paramedic licensed staff will be assigned to the specific station and company. 5. Upon mutual agreement of the Fire Department and IAFF, the Department will create a FRALS Committee (“Committee") to advise the Fire Chief on matters related to the FRALS. The Committee shall consist of two representatives assigned by the Fire Chief and two representatives assigned by IAFF Local 2180. The Committee's role shall be advisory unless otherwise noted. Nothing in this provision shall be interpreted in any manner that intrudes upon City Management's rights unless otherwise expressly specified herein.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working business days, following its termination in the grievance procedureGrievance Procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working business days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, reached the State Department of Industrial Relations Mediation and Conciliation Service shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working business days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working business days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working business days. The arbitrator shall have no authority to amend, alter, alter or modify this agreement MOU or its terms and shall limit recommendations solely to the interpretation and application of this agreementMOU. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, witnesses and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedureGrievance Procedure. The following Advisory Arbitration advisory arbitration procedures shall be followed:. (1) . The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators arbitrators, trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) . The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, alter or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) . Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) . The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, witnesses and/or stenographer.

Advisory Arbitration. Any dispute or grievance which has not been resolved by the grievance procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its termination in the grievance procedure. The following Advisory Arbitration procedures shall be followed: (1) The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or a panel of three arbitrators trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter, or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses, and/or stenographer.decision