Common use of Formal Grievance - Step 4 Clause in Contracts

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, UAPD shall have the right to advance the grievance to arbitration within thirty (30) calendar days after receipt of the third-fourth level response, CASE shall have the right to submit the grievance to arbitration. If the grievance is not submitted to arbitration within 30 calendar days after receipt of the 3rd level response or when the 3rd level response was due (if not mutually extended), it shall be considered withdrawn with prejudice. B. UAPD The State shall advance assign a representative to the grievance matter and provide electronic notice of the assignment to arbitration by sending a timely CASE within 30 calendar days of receipt of CASE’s request to arbitrate the dispute to the assigned CalHR Labor Relations Officergrievance. C. CalHR shall have 45 Within fourteen (14) calendar days after the State provides CASE with notice of the representative assigned to review represent the file prior State pursuant to commencing paragraph B above, or at a date mutually agreed to by the selection of an arbitrator. After the 45 calendar daysparties, the parties shall have 15 calendar days in which meet to mutually agree upon the selection of the select an arbitrator. If no agreement is reached on the selection of an arbitratorarbitrator the parties shall, either party may submit a immediately and jointly, request to the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them a panel of five nine (59) arbitrators from which the State and UAPD CASE shall alternately strike names until one name remains and this person shall be the arbitrator. A copy If the parties cannot agree from which service to obtain the list of arbitrators, the request must be copied “cc’d” to party requesting arbitration shall pay all costs, if any, of obtaining the non-requesting party representativelist of arbitrators. D. 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. E. An X. Xx arbitrator may, upon request of UAPD CASE and the State, issue his/her their decision, opinion opinion, or award orally upon submission of the arbitration. Either party may Upon the request that of either party, the arbitrator will be required to put his/her their decision, opinion, or award in writing and that a copy be providedwriting, with copies to each party. F. The arbitrator shall not have the power to add to, subtract from, or modify this AgreementMOU. Only grievances as defined in Section 6.2(A7.2(a) of this Article shall be subject to arbitration. The In all arbitration cases, 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.