Fifth Step. The electrical isolation value Ri (in Ω) divided by the working voltage of the high voltage bus (in V) results in the isolation resistance (in Ω/V).
Fifth Step. The fifth salary step level may be granted to an employee who has proven to be fully satisfactory in a given classification for one (1) additional year of service from the granting of the previous salary step increase.
Fifth Step. If a satisfactory settlement is not reached in Step Four, within five (5) working days of receipt of answer from the Chief Executive Officer (or appointee), either the Company or the Association may notify the other party in writing of its desire to submit the difference to arbitration and the notice shall contain a statement of the difference and name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, exclusive of Saturdays and Sundays and other holidays, inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) working days, exclusive of Saturdays and Sundays and other holidays, of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to make an appointment within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. If the two (2) appointees fail to agree upon a chairman within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference and shall issue an award in writing and the decision is final and binding upon the parties and upon any employee affected by it. The award of a majority is the award of the Arbitration Board, but if there is no majority, the decision of the chairman governs and shall be deemed to be the award of the Board. The Arbitration Board by its decision shall not alter, amend or change the terms of this Agreement. Each party to the difference shall bear the expenses of its respective appointee to the Arbitration Board and the two (2) parties shall bear equally the expenses of the chairman.
Fifth Step. If the grievance is not resolved satisfactorily to the Union within ten (10) days after consideration by the Board or if the Board denies the grievance, there shall be available a fifth step of impartial arbitration. The Union will notify in writing, the Superintendent or a designee and the Board of Education within ten (10) days of the Board's denial, that the Union is requesting a list of arbitrator's from the Federal Mediation & Conciliation Service. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this Agreement, will be accepted as final by the parties and both will abide by it.
Fifth Step. If, at this point, the grievance has not been satisfactorily settled, the Union shall have the right to submit the grievance to arbitration by the Michigan Employment Relations Commission, provided, such submission is made within twenty (20) calendar days after receipt by the Union of the Employer's fourth step answer. If the grievance has not been submitted to arbitration within twenty (20) calendar days, it shall be considered as being null and void. The arbitrator shall have no authority to add to, subtract from, change, or modify any of the provisions of this Agreement but shall be limited to the interpretation and application of the specific provisions contained herein. However, nothing herein contained shall be construed to limit the authority of the arbitrator, in his own judgment, to sustain, reverse, or modify any alleged unjust discipline or discharge that may reach this step of the grievance procedure if he is of the opinion that justice will be best served by so doing. The arbitrator shall conduct his/her affairs and all proceedings in accordance with the rules as set forth by the Michigan Employment Relations Commission. The decision of the arbitrator shall be final and binding upon the parties hereto. The expenses and fees of the arbitrator shall be paid by the non-prevailing party. Any cancellation fees incurred before the arbitration begins shall be equally shared between the parties.
(a) It is understood and agreed that the arbitration procedure hereinabove set forth shall be the exclusive and only method available to the union or the employees for the adjudication of any issues that may arise between the parties relative to the meaning, interpretation, and application of this Agreement.
Fifth Step. The School Board, on the date of its next regularly scheduled meeting, shall review the decision of the mediators. An appeal submitted less than five (5) days prior to a School Board meeting will be initially considered on the date of the following regular School Board meeting. The School Board may affirm or reverse the third party's decision.
Fifth Step. If the Union is dissatisfied with the City Manager’s decision, it may submit the grievance to the Federal Mediation and Conciliation Service (F.M.C.S.) within ten (10) working days of the completion of Step Four. Any grievance submitted to the F.M.C.S. but shall not be legally binding on the parties to this Agreement.
Fifth Step. The Superintendent shall issue a written response to the grievant and the Union Business Representative not later than ten (10) working days after receipt of the written recommendation from the fourth step.
Fifth Step. (a) If Local 1245 and the employee are dissatisfied with the Fourth Step answer and desire to pursue the matter to non-binding mediation, they shall so advise DISTRICT in writing within ten (10) regularly scheduled working days after receipt of the Fourth Step answer.
(b) Such notice to DISTRICT shall specify the reasons the Fourth Step answer is considered unacceptable, that the matter is being referred to non-binding mediation and the name of Local 1245's representative for purposes of selecting an impartial mediator.
(i) DISTRICT and Local 1245 representatives shall jointly and promptly select an impartial mediator with whom they or their representative shall meet and to who they shall present the facts and their respective positions concerning the grievance.
(ii) The impartial mediator shall have such reasonable time that he/she may require within which to render their decision, which at the parties' option may not be binding.
(iii) The impartial mediator shall not have any authority to add to, subtract from, change, or modify any provisions of this Agreement, but shall be limited solely to the application and interpretation of the Agreement as written.
(iv) The expenses and fees of the impartial mediator shall be shared equally by the parties.
(c) In the event DISTRICT and Local 1245 are unable to agree mutually upon an impartial mediator, the California State Mediation/Conciliation Service June 24, 2021 34 shall be requested to submit a list of seven (7) recognized and qualified mediators to the parties. Immediately upon receipt of said list, said DISTRICT and Local 1245 representative shall alternatively strike a name from the list, and the last name remaining shall be designated as the impartial mediator.
(d) The time limits at any step of the Grievance Procedure may be extended or waived by mutual agreement between the parties. Failure on the part of Local 1245 and/or employee to meet the specified time limit(s) shall preclude further processing of the grievance. Failure on the part of DISTRICT to meet such time limit(s) shall mean that the grievance has been granted in favor of the employee, and it will therefore not be necessary to proceed to the next step of the Grievance Procedure.
(e) Local 1245 representative(s) shall suffer no loss of pay from their regularly scheduled work for time necessarily spent investigating complaints and processing grievances hereunder.
(i) Local 1245's Grievance Committee shall consist of no more than two (2) emplo...
Fifth Step. If, after the completion of all the above 4 steps the parties have failed to resolve the grievance, the matter may be referred by either party to the Fair Work Commission (FWC) for mediation and conciliation.
