Arbitration Step. If not satisfied with the Employer answer in Step Two, only the MSEA may appeal the grievance to arbitration by notifying the Department of Human Resources in writing by certified mail of the desire to arbitrate. Such notice must be received by the Department of Human Resources no later than twenty-five (25) weekdays from the date of the Employer’s answer in Step Two. If an unresolved grievance is not timely appealed to arbitration, it shall be considered terminated on the basis of the Employer’s Step Two answer without prejudice or precedent in the resolution of future grievances. The parties may propose consolidation of grievances containing similar issues. If timely notice is made, the University and the MSEA will join in submitting the grievance to arbitration according to the following procedures.
§6.1 By mutual agreement, following a Second Step denial, a staff representative of the MSEA and the director of Collective Bargaining will discuss the matter. An effort shall be made in such discussions to arrive at fair and equitable grievance settlements to avoid the necessity of arbitration. Such settlements, if reached, shall be confirmed in writing when agreed to by the Employer and the MSEA.
Arbitration Step. If the ASSOCIATION is not satisfied with the disposition made by the Superintendent, the grievance, at the option of the ASSOCIATION, may be submitted to arbitration before an impartial arbitrator. The ASSOCIATION shall exercise its right of arbitration by giving the Superintendent written notice of its intention to arbitrate within twenty (20) school days of receipt of the written disposition of the Superintendent. Within sixty (60) school days of this filing with the Superintendent, the ASSOCIATION shall file the Demand to Arbitrate with the American Arbitration Association. If the parties cannot agree as to the arbitrator within one (1) week of the described ASSOCIATION Demand for Arbitration, any party may request that the American Arbitration Association select an arbitrator in accordance with its rules which likewise govern the arbitration proceeding. The BOARD and the ASSOCIATION shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement, or BOARD rule, order, policy or regulation. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction.
Arbitration Step. All grievances that have not been settled at Step 2 may be submitted to the Human Resources Director by the National Union Representative within twenty (20) working days following the decision received at Step 2. The Human Resources Director must meet the National Union Representative and the Chief Xxxxxxx, and render his decision within twenty (20) working days after the presentation of the grievance. He shall also enter a written statement of position on the grievance form. The Human Resources Director may, if he so wishes, be accompanied by another Manager.
Arbitration Step. If, at this point, the grievance has not been settled, either party hereto shall have the right to submit such grievance to arbitration in accordance with the procedures set forth below:
3.§6.1 If the Local Union wishes to submit the grievance to arbitration, it must notify the Employer's Director of Labor Relations in writing by certified mail, or e-mail within fifteen (15) calendar days after the receipt of the third step answer by the Chief Xxxxxxx. The date of the postmark or e-mail shall be considered the date of the notification.
3.§6.2 If the Council (or Local) intends to pursue the grievance to arbitration, the Council must, within thirty (30) calendar days from the date of the Local Union’s notice per 3.§6.1 above, assign a Council Number to the grievance, and notify the Employer's Director of Labor Relations by certified mail or e-mail that the grievance is going to arbitration. The date of notice will be the date of the postmark or e-mail.
3.§6.3 The notification to the arbitrator will be by a mutually-agreeable form letter and will include both the WMU and the Council grievance numbers and the subject of the grievance.
3.§6.4 If the Employer wishes to submit a grievance to arbitration, it must notify the designated Council representative in writing by certified mail within thirty (30) calendar days of the Step Three Answer.
3.§6.5 The time limits herein shall be strictly adhered to. A failure to provide timely notification of arbitration shall result in the withdrawal of the grievance without prejudice.
Arbitration Step a. If the Association is not satisfied with the disposition of the grievance by the Superintendent or the time limits expire without the issuance of the Superintendent's written reply, the Association shall have a maximum of 30 calendar days to submit the grievance to arbitration. Proceedings shall be conducted by an arbitrator to be selected by the two parties within ten
Arbitration Step. 1 Within a period of fifteen (15) days from the date of decision of the City Manager, either party may, by written request to the other party, require the matter to be referred to a Board of Arbitration. Such Board shall consist of three (3) persons who shall be selected as follows: The Employer shall appoint one (1) member and the Union shall appoint one (1) member, each to be appointed within ten (10) days following receipt of such written request for arbitration and the members so appointed shall select within five (5) days after their appointment, a third member who shall be Chairperson. STEP 2 If either party shall refuse or neglect to appoint a member as aforesaid to a Board of Arbitration, the Minister of Post-Secondary Education, Training and Labour of the Province of New Brunswick may be requested by the other party to name a member. In the event that the two (2) members appointed are unable to agree upon the selection of a Chairperson, the said Minister of Post-Secondary Education, Training and Labour may be requested by either party to name a Chairperson of the Board. STEP 3 Hearings of the Board shall commence within fifteen (15) days after the appointment of a Chairperson, and shall continue in such manner that the arbitrators shall make their award in writing not later than one (1) month after the entering upon the reference. The decision of the majority of the Board shall be final and binding upon the parties to this Agreement. STEP 4 The expense and remuneration of the Chairperson and secretarial services shall be borne in equal shares by the City and the Union. The expenses and remuneration of the other two (2) members of the Board shall be borne by the parties by whom they were selected or for whom they were appointed by the said Minister of Post-Secondary Education, Training and Labour. STEP 5 It shall be the duty of the Board of Arbitration to hear all parties concerned and to determine the matters referred to it. Upon determination of the matter, the Board of Arbitration shall make any order which will provide for final settlement of the matter and make any order that will restore the aggrieved party, whether it be the Union or the City, to its rightful, just and equitable position.
Arbitration Step. 3 If the response of the Court Executive Officer or designee is not satisfactory to the UPE, the UPE shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the Court Executive Officer or designee within ten (10) workdays of receipt of his/her decision.
Arbitration Step. A.
10.3.3.1. If the grievance is denied and a satisfactory settlement is not reached within seven (7) working days after written notification of the decision in Step 2, the grievance may be referred by either party to a Board of Arbitration, as provided in Article A.10.7., at any time within twenty-one (21) working days after the aforementioned seven (7) working days.
Arbitration Step. If, at this point, the grievance has not been settled, either party hereto shall have the right to submit such grievance to arbitration in accordance with the procedures set forth below:
3.§6.1 If the Local Union wishes to submit the grievance to arbitration, it must notify the Employer' s Director of Labor Relations or designee in writing by certified mail within fifteen (15) calendar days after the receipt of the third step answer by the Chief Xxxxxxx. The date of the postmark shall be considered the date of the notification.
3.§6.2 Upon receipt of timely notification from the local Union, the Employer' s Director of Labor Relations or designee shall notify, in writing, within ten (10) regularly scheduled working days by certified mail to the designated Council 25 Representative that the Local wishes to submit the grievance to arbitration, the WMU Grievance Number, and the subject of the grievance. Upon failure to receive said notice the Union shall submit the grievance to the American Arbitration Association.
3.§6.3 If the Council (or Local) intends to pursue the grievance to arbitration, the Council must, within thirty (30) calendar days from the date of the WMU director' s notice per
Arbitration Step. Within twenty
