Common use of Formal Grievance 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, the Union 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not submitted to Arbitration within 30 calendar days after receipt of the third level response, it shall be considered withdrawn. B. Within seven (7) calendar days after the second 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 arbitrators from which the State and the Union shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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 6.2 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 A. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the third level response, the Union 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not submitted to Arbitration within 30 calendar days after receipt of the third level response, it shall be considered withdrawn. B. Within seven fifteen (715) calendar days after the second notice requesting arbitration has been served on the State or at a date mutually agreed to by the partiesState, the Union shall contact the State to mutually select an arbitrator. If the parties shall meet cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an impartial arbitrator. If no agreement is reached at this meetingarbitrator has been served, the parties shall, immediately and jointly, Union may request the American Arbitration Association, State Conciliation and Mediation Service, Service or the Federal Mediation and Conciliation Service to submit to them both parties a panel of ten nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from which 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) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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, unless the parties mutually agree to a different arrangement. 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 section 6.2 A. 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 A. If the a grievance is not resolved at Step 3, within thirty twenty (3020) calendar working days after receipt of the third level response, the Union shall have the right to submit the grievance to arbitrationthe Court to initiate review by an independent arbitrator. If the grievance is not submitted to Arbitration such review within 30 calendar twenty (20) working days after receipt of the third level response, it shall be considered withdrawn. B. Within seven five (75) calendar working days after the second notice requesting arbitration third party review has been served on the State Court, or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached If, at this meeting, the parties shallare unable mutually to select an arbitrator, immediately and jointly, they shall request a list of seven experienced labor arbitrators from the American Arbitration Association, State Conciliation and Mediation Service, or the Federal Mediation and Conciliation Service to submit to them a panel of ten arbitrators Service, from which the State Court and the Union shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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 partiesUnion and the Court. D. An arbitrator may, upon request of the Union and the StateCourt, issue his/her decision, opinion, or award their decision orally upon submission of the arbitration. Either party may request that the arbitrator put his/her decision, opinion, or award their decision in writing and that a copy be provided. E. In the event of a dispute over whether an issue is a proper subject of arbitration, the arbitrator shall hear that issue prior to opening the record on the merits of the dispute. If the arbitrator determines the issue is not a proper subject of arbitration, the grievance will be dismissed, and the matter considered closed. If the arbitrator determines the issue is a proper subject of arbitration, the matter will be heard on the merits. F. The arbitrator shall not have the power to add to, subtract from, or modify this ContractMOU. Only grievances However, if the arbitrator in their discretion finds it necessary to interpret or apply the MOU in order to resolve the grievance, they may do so. In all arbitration cases involving a grievance as defined in Section 6.2 A. 10.2.A of this Article shall be subject to arbitration. In all arbitration casesArticle, the award decision of the arbitrator shall be final and binding upon the parties.

Formal Grievance. Step 45 A. a. If the grievance is not resolved at Step 34, within thirty (30) calendar days after receipt of the third 4th-level response, the Union PECG 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 third level response, it shall be considered withdrawn. B. b. Within seven fourteen (714) calendar days after the second 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, on the selection of an arbitrator the parties shall, immediately and jointly, request the American Arbitration Association, State Conciliation and Mediation Service, or the Federal Mediation and Conciliation Service or the American Arbitration Association to submit to them a panel of ten nine (9) arbitrators from which the State and the Union PECG shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is parties cannot received within six (6) months agree from which service to obtain the list of the receipt of the third-level responsearbitrators, the request for party requesting arbitration is withdrawnshall pay all costs, if any, of obtaining the list of arbitrators. C. c. The arbitration hearing 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. d. An arbitrator may, upon request of the Union PECG 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. e. The arbitrator shall not have the power to add to, subtract from, or modify this Contractcontract. Only grievances as defined in Section 6.2 A. subsection 12.2 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 A. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the third level response, the Union 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 third level response, it shall be considered withdrawn. B. Within seven (7) calendar days after the second 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 arbitrators from which the State and the Union shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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 X. Xx 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 6.2 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 A. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the third level response, the Union shall have the right to submit the grievance to arbitration. If the grievance is not submitted to Arbitration arbitration within 30 thirty (30) calendar days after receipt of the third level response, it shall be considered withdrawn. B. Within seven fifteen (715) calendar days after the second notice requesting arbitration has been served on the State or at a date mutually agreed to by the partiesState, the Union shall contact the State to mutually select an arbitrator. If the parties shall meet cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an impartial arbitrator. If no agreement is reached at this meetingarbitrator has been served, the parties shall, immediately and jointly, Union may request the American Arbitration Association, State Conciliation and Mediation Service, Service or the Federal Mediation and Conciliation Service to submit to them both parties a panel of ten nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from which 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) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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, unless the parties mutually agree to a different arrangement. D. An X. Xx 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 section 6.2 A. (A) of this Article 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 44‌ A. If the grievance is not resolved at Step 3, 3 within thirty (30) calendar days after receipt of the third fourth level response, the Union AFSCME 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 third level response, it shall be considered withdrawn. B. Within seven (7) calendar days after the second 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 (10) arbitrators from which the State and the Union AFSCME shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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 conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. waived by mutual agreement. D. The cost of the arbitration shall be borne equally between the parties. D. E. An arbitrator may, upon request of the Union 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. E. F. The arbitrator shall not have the power to add to, subtract from, or modify this ContractAgreement. Only grievances as defined in Section 6.2 A. "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 level response, the Union shall have the right to submit the grievance to arbitration. If the grievance is not submitted to Arbitration arbitration within 30 calendar days after receipt of the third level response, it shall be considered withdrawn. B. Within seven fifteen (715) calendar days after the second notice requesting arbitration has been served on the State or at a date mutually agreed to by the partiesState, the Union shall contact the State to mutually select an arbitrator. If the parties shall meet cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an impartial arbitrator. If no agreement is reached at this meetingarbitrator has been served, the parties shall, immediately and jointly, Union may request the American Arbitration Association, State Conciliation and Mediation Service, Service or the Federal Mediation and Conciliation Service to submit to them both parties a panel of ten nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from which 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) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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, unless the parties mutually agree to a different arrangement. 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 section 6.2 A. (A) of this Article 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 45‌ A. If the grievance is not resolved at Step 34, within thirty (30) calendar days after receipt of the third fourth level response, the Union CAPS shall have the right to submit the grievance to arbitration. If the grievance is not submitted to Arbitration within 30 thirty (30) calendar days after receipt of the third fourth level response, it shall be considered withdrawnwithdrawn and CAPS may not proceed to arbitration. B. CAPS shall have one hundred eighty (180) calendar days after appealing the grievance to arbitration 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 of the initial request to arbitrate, the grievance shall be considered withdrawn and CAPS may not proceed to arbitration. Within seven (7) calendar days after the second notice requesting arbitration to strike arbitrators 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 seven (7) arbitrators from which the State and the Union CAPS shall alternately strike names until one name remains and this person shall be the arbitrator. If The State shall have forty (40) calendar days after a request to the second notice is not received within six (6) months of the receipt of the third-level responseAmerican Arbitration Association, the request for arbitration is withdrawnState Conciliation and Mediation Service or the Federal Mediation and Conciliation Service prior to selecting an 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 X. Xx arbitrator may, upon request of the Union 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. E. The arbitrator shall not have the power to add to, subtract from, or modify this ContractAgreement. Only grievances as defined in Section 6.2 A. of this Article 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.

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, the Union shall have the right to submit the grievance to arbitration. If the grievance is not submitted to Arbitration within 30 thirty (30) calendar days after receipt of the third level response, it shall be considered withdrawn. B. Within seven fifteen (715) calendar days after the second notice requesting arbitration has been served on the State or at a date mutually agreed to by the partiesState, the Union shall contact the State to mutually select an arbitrator. If the parties shall meet cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an impartial arbitrator. If no agreement is reached at this meetingarbitrator has been served, the parties shall, immediately and jointly, Union may request the American Arbitration Association, State Conciliation and Mediation Service, Service or the Federal Mediation and Conciliation Service to submit to them both parties a panel of ten nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from which 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) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator. If the second notice is not received within six (6) months of the receipt of the third-level response, the request for arbitration is withdrawn. 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, unless the parties mutually agree to a different arrangement. 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 6.2 A. 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.

Formal Grievance. Step 44‌ A. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the third fourth level response, the Union 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 third level response, it shall be considered withdrawn. B. Within seven fourteen (714) calendar days after the second 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, on the selection of an arbitrator the parties shall, immediately and jointly, request the American Arbitration Association, State Conciliation and Mediation Service, or the Federal Mediation and Conciliation Service or the American Arbitration Association to submit to them a panel of ten nine (9) arbitrators from which the State and the Union CASE shall alternately strike names until one name remains and this person shall be the arbitrator. If the second notice is parties cannot received within six (6) months agree from which service to obtain the list of the receipt of the third-level responsearbitrators, the request for party requesting arbitration is withdrawnshall pay all costs, if any, of obtaining the list of arbitrators. C. The arbitration hearing 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 the Union CASE and the State, issue his/her decision, 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 decision, opinion, or award in writing and that a copy be providedwriting, with copies to each party. E. The arbitrator shall not have the power to add to, subtract from, or modify this ContractMOU. Only grievances as defined in Section 6.2 A. 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.