Common use of Fourth Step Clause in Contracts

Fourth Step. If the grievance is not settled following completion of the Third Step of the grievance procedure, the Teamsters may request binding arbitration. The request for binding arbitration must be submitted to the Human Resources Director, in writing, within ten (10) days of receipt of the response from Step Three. An arbitrator may be selected by mutual agreement of the County and the Teamsters. Should the parties fail to agree on an arbitrator, they shall make a joint request to the State Conciliation Service for a list of five (5) qualified arbitrators. The arbitrator shall be selected from the list by the parties alternately striking names, with the opportunity to strike determined by chance. All documentation supporting the parties’ positions shall be filed at least ten (10) days before the hearing with the arbitrator. The arbitrator shall not have power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to the arbitrator by the respective parties. The decision of the arbitrator shall be final and binding upon the parties. The cost of employing the arbitrator shall be borne equally by the parties. All other costs such as, but not limited to, attorney’s fees and witness fees shall be borne only by the party incurring that cost.

Fourth Step. If the grievance is not settled following completion of the Third Step of the grievance procedure, the Teamsters Union may request binding arbitration. The request for binding arbitration must be submitted to the Human Resources Director, in writing, within ten (10) days of receipt of the response from Step Three. An arbitrator may be selected by mutual agreement of the County and the TeamstersUnion. Should the parties fail to agree on an arbitrator, they shall make a joint request to the State Conciliation Service for a list of five (5) qualified arbitrators. The arbitrator shall be selected from the list by the parties alternately striking names, with the opportunity to strike determined by chance. All documentation supporting the parties’ positions shall be filed at least ten (10) days before the hearing with the arbitrator. The arbitrator shall not have power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to the arbitrator by the respective parties. The decision of the arbitrator shall be final and binding upon the parties. The cost of employing the arbitrator shall be borne equally by the parties. All other costs such as, but not limited to, attorney’s fees and witness fees shall be borne only by the party incurring that cost.