Formal Grievance - Step 4. A. If the grievant is not satisfied with the decision rendered at Step 3, the grievant may appeal the decision within thirty (30) calendar days after receipt to the Director of the Department of Personnel Administration or designee.
B. Within thirty (30) calendar days after receipt of the appealed grievance, the Director of the Department of Personnel Administration or designee shall respond in writing to the grievance.
Formal Grievance - Step 4. A. If the grievance is not resolved at Step 3, UAPD shall have the right to advance the grievance to arbitration within thirty (30) calendar days after receipt of the third-level response.
B. UAPD shall advance the grievance to arbitration by sending a timely request to arbitrate the dispute to the assigned CalHR Labor Relations Officer.
C. CalHR shall have 45 calendar days to review the file prior to commencing the selection of an arbitrator. After the 45 calendar days, the parties shall have 15 calendar days in which to mutually agree upon the selection of the arbitrator. If no agreement is reached on the selection of an arbitrator, either party may submit a request to the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them a panel of five (5) arbitrators from which the State and UAPD shall alternately strike names until one name remains and this person shall be the arbitrator. A copy of the request must be copied “cc’d” to the non-requesting party representative.
D. The cost of arbitration shall be borne equally between the parties.
E. An arbitrator may, upon request of UAPD and the State, issue his/her decision, opinion or award orally upon submission of the arbitration. Either party may request that the arbitrator put his/her decision, opinion, or award in writing and that a copy be provided.
F. The arbitrator shall not have the power to add to, subtract from, or modify this Agreement. Only grievances as defined in Section 6.2(A) of this Article shall be subject to arbitration. The award of the arbitrator shall be final and binding upon the parties.
G. Arbitration awards affecting classes of employees shall, be prospectively only from the date of filing of the grievance, if the award requires the payment of State funds. Awards finding the State failed to maintain the status quo are not limited to a prospective only remedy. A “class of employees” is defined as all employees similarly situated as to the alleged contract violation.
Formal Grievance - Step 4. A. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the fourth level response, CASE shall have the right to submit the grievance to arbitration.
B. Within fourteen (14) calendar days after the notice requesting arbitration has been served on the State or at a date mutually agreed to by the parties, the parties shall meet to select an arbitrator. If no agreement is reached on the selection of an arbitrator the parties shall, immediately and jointly, request the State Mediation and Conciliation Service or the American Arbitration Association to submit to them a panel of nine (9) arbitrators from which the State and CASE shall alternately strike names until one name remains and this person shall be the arbitrator. If the parties cannot agree from which service to obtain the list of arbitrators, the party requesting arbitration shall pay all costs, if any, of obtaining the list of arbitrators.
C. The arbitration hearing, itself, shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the parties.
D. An arbitrator may, upon request of CASE and the State, issue his/her decision, opinion, or award orally upon submission of the arbitration. Upon the request of either party, the arbitrator will be required to put his/her decision, opinion, or award in writing, with copies to each party.
E. The arbitrator shall not have the power to add to, subtract from, or modify this MOU. Only grievances as defined in Section 7.2(a) of this Article shall be subject to arbitration. In all arbitration cases, the award of the arbitrator shall be final and binding upon the parties.
Formal Grievance - Step 4. If the grievant is not satisfied with the decision rendered at Step 3, the grievant may appeal the decision within twenty-one (21) calendar days after receipt to the Director of the California Department of Human Resources (CalHR) or designee.
Formal Grievance - Step 4. A. If the grievance is not resolved at Step 3 within thirty (30) calendar days after receipt of the third level response, AFSCME shall have the right to submit the grievance to arbitration. AFSCME shall have one hundred eighty (180) calendar days after appealing the grievance to request in writing to CalHR to strike for arbitrators. If the request to strike arbitrators is not made within one hundred eighty (180) calendar days, the grievance shall be considered withdrawn and AFSCME may not proceed to arbitration.
B. Within seven (7) calendar days after the notice to strike for arbitrators has been served on the State or at a date mutually agreed to by the parties, the parties shall select an impartial arbitrator. If no agreement is reached, the parties shall, immediately and jointly, request the American Arbitration Association, State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them a panel of ten (10) arbitrators from which the State and AFSCME shall alternately strike names until one name remains and this person shall be the arbitrator.
C. The parties agree to make reasonable efforts to schedule the arbitration hearing within ninety (90) days of the request to strike for arbitrators. This time frame shall be waived by mutual agreement.
D. The cost of the arbitration shall be borne equally between the parties.
E. An arbitrator may, upon request of AFSCME and the State, issue his/her decision, opinion, or award orally upon submission of the arbitration. Either party may request that the arbitrator put his/her decision, opinion, or award in writing and that a copy be provided.
F. The arbitrator shall not have the power to add to, subtract from, or modify this Agreement. Only grievances as defined in "Definitions" of this Article shall be subject to arbitration. In all arbitration cases, the award of the arbitrator shall be final and binding upon the parties.
G. Arbitration awards for actions which affect classes of employees which involve State funds are to be prospectively enforced from the date of filing of the grievance. Any claims for failure by the State to maintain the status quo will not be covered by this provision. Class is defined as all employees similarly situated as to the claims being made.
Formal Grievance - Step 4. If the County Executive or his designated representative fails to respond in writing, as provided in Step 3, or if the response is not satisfactory to the Union, the Union shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the County Executive within ten (10) working days of receipt of his decision.
Formal Grievance - Step 4. A. If the grievance is not resolved at Step 3, within sixty (60) calendar days after receipt of the fourth level response, the Union shall have the right to submit the grievance to arbitration.
B. Within the sixty (60) calendar days after the notice requesting arbitration has been served on the State or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall, immediately and jointly, request the American Arbitration Association, State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them a panel of ten (10) arbitrators from which the State and the Union shall alternately strike names until one name remains and this person shall be the arbitrator.
C. the arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the parties.
D. An arbitrator may, upon request of the Union and the State, issue his/her decision, opinion or award orally upon submission of the arbitration. Either party may request that the arbitrator put his/her decision, opinion, or award in writing and that a copy be provided.
E. the arbitrator shall not have the power to add to, subtract from, or modify this Contract. Only grievances as defined in Section 6.2a of this Article shall be subject to arbitration. In all arbitration cases, the award of the arbitrator shall be final and binding upon the parties.
Formal Grievance - Step 4. If the County Executive or his designated representative fails to respond in writing, as provided in Step 3, or if the response is not satisfactory to UPE, UPE shall have the right to refer the matter to binding arbitration. Such referral shall be made by written demand submitted to the County Executive within ten (10) working days of receipt of his decision.
Formal Grievance - Step 4. 17.9.1 In the event that either party timely notifies the other that it rejects the arbitrator’s recommended decision, the Governing Board shall assume jurisdiction of the matter. The party rejecting the recommended decision shall, within twenty (20) calendar days after providing written notice of rejection of the recommended decision to the other party, file with the Board and the other party a statement in writing specifying the particular reasons for rejection. The statement shall include specific references to testimony in the record and to any pertinent documents in the record, and shall also contain the final arguments of the party. Within fifteen
Formal Grievance - Step 4. 17.9.1 In the event that either party timely notifies the other that it rejects the arbitrator’s recommended decision, the Governing Board shall assume jurisdiction of the matter. The party rejecting the recommended decision shall, within twenty (20) calendar days after providing written notice of rejection of the recommended decision to the other party, file with the Board and the other party a statement in writing specifying the particular reasons for rejection. The statement shall include specific references to testimony in the record and to any pertinent documents in the record, and shall also contain the final arguments of the party. Within fifteen (15) calendar days after receiving the appellant’s written statement, the other party shall file a written response with the Board and the appellant.
17.9.2 The Governing Board alone has the power to render a final determination of grievances. The recommendation of the arbitrator shall be only advisory. If, upon reviewing the record and written statements of the parties the Governing Board determines it is unable to render a final determination of the record, it may reopen the record for the taking or additional evidence, which must include statements by the grievant and/or CSEA.
