Common use of Formal Grievance - Step 4 Clause in Contracts

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to strike arbitrators is not made within one hundred eighty (180) calendar days, the grievance shall be considered withdrawn and AFSCME may not proceed to arbitration.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. A. If the grievance is not resolved at Step 3 within thirty (30) calendar days after receipt of the third fourth 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 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 reachedreached 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 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 appeal to strike for arbitratorsarbitration. 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. A. If the grievance is not resolved at Step 3 within thirty (30) calendar days after receipt of the third fourth 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 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 reachedreached 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 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 appeal to strike for arbitratorsarbitration. This time frame shall be waived by mutual agreement. D. The cost of the arbitration shall be borne equally between the parties. E. An X. Xx 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. A. If the grievance is not resolved at Step 3 3, within thirty (30) calendar days after receipt of the third level response, AFSCME the Union shall have the right to submit the grievance to arbitration. AFSCME shall have one hundred eighty If the grievance is not submitted to Arbitration within thirty (18030) calendar days after appealing receipt of 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 daysthird level response, the grievance it shall be considered withdrawn and AFSCME may not proceed to arbitrationwithdrawn. B. Within seven fifteen (715) calendar days after the notice to strike for arbitrators requesting arbitration has been served on the State or at a date mutually agreed to by the partiesState, the parties Union shall contact the State to mutually select an impartial arbitrator. If no agreement is reachedthe parties cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an arbitrator has been served, the parties shall, immediately and jointly, Union may request the American Arbitration Association, State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them both parties a panel of nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service, the Union shall contact the State in writing and request to strike names from the panel. The parties shall have ten (10) arbitrators from which the State business days to meet and AFSCME shall alternately strike names until only 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 shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the request to strike for arbitratorsAmerican Arbitration Association. This time frame shall be waived by mutual agreement. D. The cost of the arbitration shall be borne equally between the parties, unless the parties mutually agree to a different arrangement. E. D. An arbitrator may, upon request of AFSCME 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. F. E. The arbitrator shall not have the power to add to, subtract from, or modify this AgreementContract. Only grievances as defined in "Definitions" section 6.2 (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. 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.