Common use of Formal Level III Clause in Contracts

Formal Level III. Binding Arbitration 1. If the grievant is not satisfied with the disposition of the grievance at Level II, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources and Risk Management, or designee, proposing that binding arbitration be undertaken. 2. Said written grievance request for convening of binding arbitration shall be considered timely only if received by the Director of Human Resources and Risk Management, or designee no later than ten (10) days after service by the department head/designee of the Level II decision or twenty (20) days after the grievance was presented to the department head or designee, whichever is later. Said request for arbitration shall set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim for an appeal. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 3. Within ten (10) calendar days of receipt by the Director of Human Resources and Risk Management, or designee of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur of if said meeting does not result in the selection of an arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources and Risk Management, or designee of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City. 4. Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot. 5. Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter. 6. The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than one hundred twenty (120) calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 7. In those arbitration proceedings which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy. 8. In those cases regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: a. Does a preponderance of the evidence support a finding that misconduct did occur? b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? i. If yes, the discipline shall be sustained. ii. If no, the discipline shall be subject to modification. 9. a. All arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, that the hearing be open.

Formal Level III. Binding Arbitration 1. If the grievant is not satisfied with the disposition of the grievance at Level II, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee, proposing that binding arbitration be undertaken. 2. Said written grievance request for convening of binding arbitration shall be considered timely only if received by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee no later than ten (10) days after service by the department head/designee of the Level II decision or twenty (20) days after the grievance was presented to the department head or designee, whichever is later. Said request for arbitration shall set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim for an appeal. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 3. Within ten (10) calendar days of receipt by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee of a timely grievance, the parties shall confer by writing, telephone telephone, or in person, as regards person regarding the selection of a mutually agreeable arbitrator. If said meeting either does not occur of if said meeting does not result in the selection of an arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City. 4. Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot. 5. Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter. 6. The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than one hundred twenty (120) calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 7. In those arbitration proceedings which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy. 8. In those cases cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: a. Does a preponderance of the evidence support a finding that misconduct did occur? b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? i. If yes, the discipline shall be sustained. ii. If no, the discipline shall be subject to modification. 9. a. All arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, that the hearing be open.

Formal Level III. Binding ArbitrationArbitration‌ Binding Arbitration shall be available for disciplinary actions only, but not including verbal or written reprimands. 1. If the grievant is not satisfied with the disposition of the grievance at Level II, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources and Risk Management, or designee, proposing that binding arbitration be undertaken. 2. Said written grievance request for convening of binding arbitration shall be considered timely only if received by the Director of Human Resources and Risk Management, or designee no later than ten (10) days after service by the department head/designee of the Level II decision or twenty (20) days after the grievance was presented to the department head or designee, whichever is later. Said request for arbitration shall set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim for an appeal. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 3. Within ten (10) calendar days of receipt by the Director of Human Resources and Risk Management, or designee of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur of if said meeting does not result in the selection of an arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources and Risk Management, or designee of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City. 4. Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot. 5. Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter. 6. The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than one hundred twenty (120) calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 7. In those arbitration proceedings which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy. 8. In those cases regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: a. Does a preponderance of the evidence support a finding that misconduct did occur? b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? i. If yes, the discipline shall be sustained. ii. If no, the discipline shall be subject to modification. 9. a. All arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, that the hearing be open.

Formal Level III. Binding Arbitration 1. If the grievant is not satisfied with the disposition of the grievance at Level II, or if no decision is rendered within the designated time period, a grievant may forward a written grievance to the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee, proposing that binding arbitration be undertaken. 2. Said written grievance request for convening of binding arbitration shall be considered timely only if received by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee no later than ten (10) days after service by the department head/designee of the Level II decision or twenty (20) days after the grievance was presented to the department head or designee, whichever is later. Said request for arbitration shall set forth a detailed statement by the grievant containing all facts then known to the grievant which support his/her claim for an appeal. A general or specific denial of wrongdoing or claim of misconduct shall not be sufficient. The arbitration proposal shall be signed by the grievant. Signature by a representative shall be insufficient. 3. Within ten (10) calendar days of receipt by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee of a timely grievance, the parties shall confer by writing, telephone or in person, as regards selection of a mutually agreeable arbitrator. If said meeting either does not occur of if said meeting does not result in the selection of an arbitrator, then within fifteen (15) calendar days of receipt by the Director of Human Resources and Resources/Risk ManagementManagement Director, or designee of the timely grievance, the Director shall mail to the State Mediation and Conciliation Service, a request that a list of seven (7) qualified potential arbitrators be sent jointly to the grievant and to the City. 4. Within ten (10) calendar days of mailing by the State Mediation and Conciliation Service of such list, the parties shall by telephone or other mutually acceptable means, select an arbitrator by means of alternate striking of names until one name remains. Said individual shall be the arbitrator. Determination of which party shall make the initial strike shall be by lot. 5. Within five (5) calendar days of said selection process being completed, the Director shall mail written notice to the State Mediation and Conciliation Service of the identity of the individual mutually selected to hear the grievance matter. 6. The hearing shall commence on a date mutually agreeable to the parties and to the arbitrator, but in no case greater than one hundred twenty (120) calendar days after selection of the arbitrator, unless otherwise mutually agreed to by the parties. 7. In those arbitration proceedings which are non-disciplinary, the burdens of proof and production of evidence shall be upon the grievant. The ultimate issues in such cases shall be whether or not proof by a preponderance of the evidence supports a finding that a specific written section of the MOU and/or rules and regulations affecting terms and conditions of employment, has been violated, and if so, the nature of the appropriate remedy. 8. In those cases cases, regarding disciplinary matters involving the deprivation of property, the burdens of proof and production of evidence shall be upon the department and shall be by a preponderance of the evidence. In such cases, the ultimate issues shall be as follows: a. Does a preponderance of the evidence support a finding that misconduct did occur? b. If so, was the disciplinary decision a reasonable exercise of the discretion vested in the appointing authority? i. If yes, the discipline shall be sustained. ii. If no, the discipline shall be subject to modification. 9. a. All arbitration hearings shall be closed to the public unless the employee requests, in writing, no later than five (5) calendar days before the hearing, that the hearing be open.