Expedited Grievance Procedure. In the event a bargaining unit member is suspended for ten (10) working days or less, the bargaining unit member and/or a representative of the Union may omit STEP 1 of the grievance procedure and file a written or electronic request with the Director of Labor Relations for a STEP 2 hearing, which shall take place, either in person or by phone, within forty-eight (48) hours after said filing. 1. If the matter is not resolved at Step Two or the grievance mediation process, the Union shall have the right within thirty (30) work days following the completion of the mediation process to submit the matter to arbitration by informing the District that the matter is to be arbitrated. The fees and expenses of the Arbitrator and the cost of the arbitration shall be borne equally by the District and the Union. Two (2) representatives of the Union and all necessary witnesses who are employees of the District shall receive their regular salaries or wages for time spent in the arbitration proceeding, if conducted during working hours. 2. The Arbitrator shall render a written decision and award resolving the controversy and ordering all appropriate relief. The decision and award of the Arbitrator shall be final and binding on the District, the Union, and the employees' affected. The Arbitrator is prohibited from making any decision or award adding to or subtracting from or modifying in any way the provisions of this Agreement or which is contrary to law. 3. The arbitration hearing shall be held and the award shall be made in Cuyahoga County, Ohio. 4. The Union shall request a panel of seven (7) arbitrators from FMCS. An Arbitrator will be selected from the FMCS in accordance with the voluntary labor arbitration rules. 1. The Union has the right to expedited arbitration for any non-class action issue for which the District may immediately impose discipline pursuant to Step Ill, Paragraph 12 of this Article. Upon such declaration, the Union and the District will make immediate (within 24 hours) arrangements with the Federal Mediation and Conciliation Service for the expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both the Union and the District to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the parties may by mutual written agreement, choose another expedited arbitration procedure. 2. Class action grievances may be expedited by mutual agreement between the Union and the District. 3. A non-class action issue shall be defined as an issue which impacts on five (5) or fewer bargaining unit members. Civil Service Superseded. This provision supersedes and preempts any Civil Service procedures and the parties agree that Civil Service shall have no jurisdiction over any grievance.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Grievance Procedure. In the event a bargaining unit member is suspended for ten (10) working days or less, the bargaining unit member and/or a representative of the Union may omit STEP 1 of the grievance procedure and file a written or electronic request with the Director of Labor Relations Relations, for a STEP 2 hearing, which shall take place, either in person or by phone, place within forty-forty- eight (48) hours after said filing.. STEP FOUR:
1. (A) If the matter is not resolved at Step Two or the grievance mediation processTwo, the Union shall have the right within thirty (30) work days following the completion of the mediation process date the Step Two answer is received by the Grievant to submit the matter to arbitration by informing the District that the matter is to be arbitrated. The fees and expenses of the Arbitrator arbitrator and the cost of the arbitration shall be borne equally by the District and the Union. Two (2) representatives of the The Union and all necessary witnesses who are employees of the District shall receive their regular salaries or wages pay for time spent in the its arbitration proceeding, if conducted during working hourswitnesses.
2. (B) The Arbitrator arbitrator shall render a written decision and award resolving the controversy and ordering all appropriate relief. The decision and award of the Arbitrator arbitrator shall be final and binding on the District, the Union, and the employees' affected. The Arbitrator arbitrator is prohibited from making any decision or award adding to or subtracting from or modifying in any way the provisions of this Agreement or which is contrary to law.
3. (C) The arbitration hearing shall be held and the award shall be made in Cuyahoga County, Ohio.
4. The Union shall request a panel of seven (7D) arbitrators from FMCS. An Arbitrator arbitrator will be selected from the FMCS in accordance with the voluntary labor arbitration rules.
1. A. The Union has the right to expedited arbitration for any non-class action issue for which the District may immediately impose discipline pursuant to Step Ill, Paragraph 12 11 of this Article. Upon such declaration, the Union and the District will make immediate (within 24 hours) arrangements with the Federal Mediation and Conciliation Service for the expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both the Union and the District to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the parties may by mutual written agreement, choose another expedited arbitration procedure.
2. B. Class action grievances may be expedited by mutual agreement between the Union and the District.
3. C. A non-class action issue shall be defined as an issue which impacts on five (5) or fewer bargaining unit members. Civil Service Superseded. This provision supersedes and preempts any Civil Service procedures and the parties agree that Civil Service shall have no jurisdiction over any grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Grievance Procedure. In the event a bargaining unit member is suspended for ten (10) working days or less, the bargaining unit member and/or a representative of the Union may omit STEP 1 of the grievance procedure and file a written or electronic request with the Director of Labor Relations for a STEP 2 hearing, which shall take place, either in person or by phone, place within forty-eight (48) hours after said filing.
1. A. If the matter is not resolved at Step Two or the grievance mediation process, the Union shall have the right within thirty (30) work days following the completion of the mediation Union’s arbitration review process to submit the matter to arbitration by informing the District that the matter is to be arbitrated. The fees and expenses of the Arbitrator and the cost of the arbitration shall be borne equally by the District and the Union. Two (2) representatives of the Union and all necessary witnesses who are employees of the District shall receive their regular salaries or wages for time spent in the arbitration proceeding, if conducted during working hours.
2. B. The Arbitrator shall render a written decision and award resolving the controversy and ordering all appropriate relief. The decision and award of the Arbitrator shall be final and binding on the District, the Union, and the employees' affected. The Arbitrator is prohibited from making any decision or award adding to or subtracting from or modifying in any way the provisions of this Agreement or which is contrary to law.
3. C. The arbitration hearing shall be held and the award shall be made in Cuyahoga County, Ohio.
4. D. The Union shall request a panel of seven (7) arbitrators from FMCS. An Arbitrator will be selected from the FMCS in accordance with the voluntary labor arbitration rules.
1. A. The Union has the right to expedited arbitration for any non-class action issue for which the District may immediately impose discipline pursuant to Step IllIII, Paragraph 12 of this Article. Upon such declaration, the Union and the District will make immediate (within 24 hours) arrangements with the Federal Mediation and Conciliation Service for the expedited arbitration procedure and such procedure shall begin as soon as the Federal Mediation and Conciliation Service can initiate a hearing. It shall be the specific request of both the Union and the District to have a decision within seven (7) days of the hearing. Notwithstanding anything to the contrary above, the parties may by mutual written agreement, choose another expedited arbitration procedure.
2. B. Class action grievances may be expedited by mutual agreement between the Union and the District.
3. C. A non-class action issue shall be defined as an issue which impacts on five (5) or fewer bargaining unit members. Civil Service Superseded. This provision supersedes and preempts any Civil Service procedures and the parties agree that Civil Service shall have no jurisdiction over any grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement