Common use of Formal Grievance - Step 5 Clause in Contracts

Formal Grievance - Step 5. A. If the grievance is not resolved at Step 4 within thirty (30) calendar days after receipt of the fourth level response, AFSCME shall have the right to submit the grievance to arbitration. B. Within seven (7) 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 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 appeal to arbitration. This time frame shall be waived by mutual agreement. D. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of the arbitration shall be borne equally between the parties. 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 5. A. If the grievance is not resolved at Step 4 4, within thirty (30) calendar days after receipt of the fourth level response, AFSCME CAPS shall have the right to submit the grievance to arbitration. B. Within seven (7) 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 Service, or the Federal Mediation and Conciliation Service to submit to them a panel of ten seven (107) arbitrators from which the State and AFSCME CAPS shall alternately strike names until one name remains and this person shall be the arbitrator. The State shall have forty (40) calendar days after a request to the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service prior to selecting an arbitrator. C. The parties agree to make reasonable efforts to schedule the arbitration hearing within ninety (90) days of the appeal to arbitration. This time frame shall be waived by mutual agreement. D. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of the arbitration shall be borne equally between the parties. X. Xx D. An arbitrator may, upon request of AFSCME CAPS and the State, issue his/his/ her decision, opinion, 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 Agreement. Only grievances as defined in "Definitions" of this Article Section 9.2.A. 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 5. A. If the grievance is not resolved at Step 4 4, within thirty (30) calendar days after receipt of the fourth level response, AFSCME CAPS shall have the right to submit the grievance to arbitration. B. Within seven (7) 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 Service, or the Federal Mediation and Conciliation Service to submit to them a panel of ten seven (107) arbitrators from which the State and AFSCME CAPS shall alternately strike names until one name remains and this person shall be the arbitrator. The State shall have forty (40) calendar days after a request to the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service prior to selecting an arbitrator. C. The parties agree to make reasonable efforts to schedule the arbitration hearing within ninety (90) days of the appeal to arbitration. This time frame shall be waived by mutual agreement. D. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of the arbitration shall be borne equally between the parties. X. Xx D. An arbitrator may, upon request of AFSCME CAPS and the State, issue his/her decision, opinion, 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 Agreement. Only grievances as defined in "Definitions" of this Article Section 9.2.A. 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 5. A. If the grievance is not resolved at Step 4 4, within thirty (30) calendar days after receipt of the fourth level response, AFSCME CAPS shall have the right to submit the grievance to arbitration. B. Within seven (7) 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 Service, or the Federal Mediation and Conciliation Service to submit to them a panel of ten seven (107) arbitrators from which the State and AFSCME CAPS shall alternately strike names until one name remains and this person shall be the arbitrator. The State shall have forty (40) calendar days after a request to the American Arbitration Association, the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service prior to selecting an arbitrator. C. The parties agree to make reasonable efforts to schedule the arbitration hearing within ninety (90) days of the appeal to arbitration. This time frame shall be waived by mutual agreement. D. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of the arbitration shall be borne equally between the parties. X. Xx arbitrator may, upon request of AFSCME CAPS and the State, issue his/her decision, opinion, 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 Agreement. Only grievances as defined in "Definitions" of this Article Section 9.2.A. 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.