Appeal to Arbitration. An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:
1. The name and address of the UAW representative who is responsible for the appeal to arbitration and to whom all correspondence relating to the arbitration is to be sent.
2. A copy of the completed grievance form; and
3. A statement setting forth the unresolved issue(s), the Articles of the Agreement alleged to have been violated, and the remedy requested. If a grievance is not appealed to arbitration, the University’s Step 3 response shall be final.
Appeal to Arbitration. If an appellant believes that an adverse decision ultimately rendered on appeal by the President was caused in substantial part by a procedural error or omission, either in the original decision-making process or in the appeals process, and such alleged procedural error or omission was raised when it occurred, or in the original appeal and in the appeal to the Joint Appeals Board, or occurred during the Joint Appeals Board or Presidential review, such appellant may, with the concurrence of the Association, appeal the matter to arbitration. This shall be done by filing a grievance, which shall be initiated at the Step 2 level and thereafter proceed to arbitration pursuant to the procedures established in Section 1.H. In any such arbitration the Arbitrator will be limited to a review of the procedural requirements set forth in Article VI and this Section 2 of Article VII and in relevant University policy. In no event shall an arbitrator consider, review, or substitute his/her judgment for the University’s on a substantive academic judgment as described in this Section 2. In the event the Arbitrator finds that (a) a prejudicial procedural error or omission occurred in the original decision-making process or in the appeals process, (b) the error or omission was raised timely by the grievant so that the error or omission could have been corrected prior to the President's decision, and (c) the procedural error or omission was of such a nature that the substantive academic judgment could have been adversely affected by the error or omission, his/her sole authority shall be to send the matter back to the governance procedure under Article VI or under Section 2 of this Article VII or in relevant University policy, as the case may be, with specific findings regarding the procedural error or omission and with instructions to re-evaluate the substantive academic judgment in accordance with the contractual procedures.
Appeal to Arbitration. 1. If the grievant is not satisfied with the disposition of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designee, the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision or the expiration of time lines for the Superintendent or his/her designee's decision.
2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting a list of arbitrators from the American Arbitration Association (AAA) or the California State Mediation and Conciliation Service (CSMCS). In any event, the parties will then be bound by the rules and procedures of the AAA in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance; however, no party in interest shall be permitted to assert any evidence before the arbitrator which was not previously disclosed to the other party. The arbitrator shall consider only those issues raised by the parties in interest.
3. The arbitrator's decision will be in writing and will set forth to all parties his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. The decision of the arbitrator shall be binding on the parties.
4. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel, and subsistence expenses will be borne equally by the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office....
Appeal to Arbitration. Any grievance as defined in Article 11 of this Agreement that has been properly processed in a timely manner through the grievance procedure set forth in this Article and that has not been settled at the conclusion of Step 4 may be appealed to arbitration by the Union with written notice of its intent to appeal. Failure to appeal a grievance to arbitration within ten (10) days after receipt of the written answer from the Administration at Step 4 of the grievance procedure set forth in this Article of this Agreement shall constitute a waiver of the Union’s right to appeal to arbitration, and the written answer of the Administration at Step 4 of the grievance procedure shall be final and binding on the aggrieved employee, the Union and the Administration.
Appeal to Arbitration. Should the grievance not be satisfactorily resolved at the Formal Internal Step or through mediation, the Union may appeal the grievance to binding arbitration within thirty (30) calendar days of the completion of mediation, providing written notice to the Director of Human Resources.
Appeal to Arbitration. If a grievance or a dispute which has been processed in conformance with the procedures set forth in Articles 16 and 17, and which involves the interpretation, application or breach of any of the terms of this Agreement or the discipline or discharge of any Operator covered by this Agreement is not settled to the satisfaction of the Union or METRO, either party may, within twenty (20) days from the date of the decision, by written notice to the other party, request that the matter be submitted to arbitration for decision. By mutual agreement of the parties, any matter subject to this article may be submitted to mediation through the State Mediation and Conciliation Service prior to arbitration.
Appeal to Arbitration. If the grievant is not satisfied with the written response at Level 3, within seven (7) days of such response, the grievant, the Association or the Association’s authorized representative may file a written appeal by hand delivery or by e-mail (with confirmation of delivery) which notifies the City Manager of the intention to appeal the matter to arbitration. The City Manager will, subject to Subsection g of Section 4 of this Article, contact the person that made the arbitration request within seven (7) days of receipt of the request to begin the arbitrator selection process in accordance with Article 28.
Appeal to Arbitration. If the grievance is not resolved at Step 2, or an answer is not given by Employee & Labor Relations within the time specified, the Union may request that the grievance be referred to an impartial arbitrator selected in the manner described below.
1. The Union must make a request for arbitration, by written notice to the University within fourteen (14) calendar days after the date of the Step 2 answer or the date the Step 2 answer should have been provided.
2. The parties may initially attempt to agree on an arbitrator.
a. If they are unable to agree within twenty-one (21) calendar days from the date of the Union’s request for arbitration, either the Union or the University may request the Federal Mediation and Conciliation Service (FMCS) to furnish each party with an identical panel of seven (7) arbitrators drawn from members of the National Academy of Arbitrators in the Chicago area.
b. The parties must select an arbitrator within twenty-one (21) calendar days of the date on which they receive the FMCS panel. In the event that either party is dissatisfied with the names appearing on the panel, that party may, at its own expense, request a second panel from which an arbitrator must be chosen.
Appeal to Arbitration. Consistent with applicable law, in connection with every type of grievance, including those which allege employment discrimination in any form or any other violation of law, the right to arbitrate such a grievance will be in place of any right the aggrieved employee or the Union might otherwise have to pursue such grievance, or the facts underlying such grievance, administratively or in court, including a right to trial by jury. But only the Union will have the right to determine whether to appeal any grievance to arbitration. But if the grievance concerns a legal right, and the Union decides not to appeal it to arbitration, the aggrieved employee will retain the option to pursue it administratively and, if he or she prefers, in court.
Appeal to Arbitration. If the grievance is appealed to arbitration in accordance with the above procedure, representatives of the University and the Union shall meet to select an arbitrator from a mutually agreed list of arbitrators. If the parties are unable to agree on an arbitrator from that list within fifteen (15) calendar days, the parties shall request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service, the American Arbitration Association, or the Illinois Educational Labor Relations Board. Upon receiving that panel, the parties shall alternately strike the names of three (3) arbitrators from the list, taking turns on the first strike. The person whose name remains on the list shall be selected as the arbitrator, provided that either party, before striking any names, shall have the right to reject one (1) panel of arbitrators. The arbitrator shall be notified of their selection by a joint letter from the University and Union requesting that the arbitrator set a time and place for the hearing, subject to the availability of the University and Union representatives, and describing the issue to be arbitrated if the parties have mutually agreed upon the issue. The decision and award of the arbitrator shall be final and binding on the employee, the Union, and the University.
