Grievances at Step. 4 (a) Grievances shall be submitted to a single arbitrator chosen in the following manner from a list of five (5) names submitted by the State Conciliator of the Employment Relations Board or from any other agency on which the parties agree. Within fifteen (15) calendar days following the Union's receipt of the list of arbitrators, the City and the Union representatives shall flip a coin to determine who shall exercise the first opportunity of striking a name, with the loser of the coin toss striking first. Strikes shall be exercised alternately until each party has exercised two (2) strikes and only one (1) name remains, who shall be the arbitrator. Within fifteen (15) calendar days from the date the arbitrator is selected, the Union, on behalf of both parties, shall inform the arbitrator of selection; and the arbitrator shall schedule a hearing. (b) The parties may, by mutual agreement in a particular case, provide for any amendment, waiver, modification, or addition to the rules and procedures herein set forth in Article 18, which agreement shall not affect subsequent cases. (c) Within fifteen (15) calendar days of receipt of the Human Resources Director's findings and conclusions, as called for in Article 18.6(c), either party to the labor contract may request mediation. If agreed to by both parties, the Union will contact the State Conciliator of the Employment Relations Board and a mediation session will be held with an assigned mediator. A mutual request for mediation waives the time limits in Article 18. If mediation is not successful, a request shall be made that the arbitration hearing be scheduled within ten (10) calendar days from the conclusion of mediation. Mediation shall be concluded when (1) the parties mutually agree in writing that the grievance is resolved; and (2) the Union provides written notice that the grievance is withdrawn; or (3) either party notifies the other party and the mediator in writing that it wishes to conclude mediation, but only after at least one mediation session has been concluded. (d) Except as expressly provided herein, arbitration of grievances shall be conducted according to the applicable rules of the organization that supplied the parties with a list of arbitrators. (e) The scope of the arbitration shall be limited to issues of fact and the disputed application and interpretation of this contract as raised by the aggrieved employee at Step 1 and as presented through the various appeal steps in this procedure, including the Step 3 response. In arbitration, no new factual information or evidence shall be submitted which was not presented earlier in the grievance procedure and which was not presented in connection with and is not relevant to the Step 3 response and the written notice of rejection filed pursuant to Article 18.6(c)(2). (f) When, after the initiation of a grievance at Step 4 but before the arbitration hearing, new factual information or evidence directly relevant to the issues first comes to the knowledge of a party and it was not previously known to the party, notice of such information immediately shall be served on the other party's representative and a meeting held as soon as possible at a mutually agreeable time to discuss the impact of such new information and to attempt to adjust the grievance by mutual agreement. If such meeting does not produce a settlement of the grievance, such information may be introduced in arbitration, if otherwise admissible according to usual evidentiary standards in arbitration. (g) The powers of the arbitrator shall be limited to determination of issues of fact and the application and interpretation of the provisions of this contract, as the same may be within the scope of the arbitration. The arbitrator shall have no power or authority to alter, abridge, modify, vacate, or amend any of the terms of this contract; nor to substitute the arbitrator’s judgment for that of the City as to any matter within City's discretion under this contract, as long as the City did not exercise its discretionary authority unreasonably, arbitrarily, capriciously or discriminatorily; nor to consider, decide, or act upon any condition or circumstance not treated in this contract. (h) The arbitrator shall render a decision within thirty (30) days of the close of the hearing. Any necessary expenses for the services of the arbitrator shall be paid by the losing party. If the arbitrator determines that there is no prevailing party, the arbitrator may apportion each party's cost as is equitable. If either party desires an official verbatim record of an arbitration proceeding, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Each party shall be responsible for compensating its own representatives or witnesses. The names of any witness to be used in arbitration by either party shall be made known to the other at least seventy-two (72) hours prior to the arbitration hearing. (i) The decision of the arbitrator, if arrived at pursuant to the provisions of this contract, shall be final and binding upon the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Grievances at Step. 42
(a) Grievances unresolved at Step 1 shall be submitted forwarded to Step 2 as follows: Within fifteen (15) calendar days after the Step 1 cutoff date the aggrieved employee shall file with the employee’s department head:
(1) A written statement setting forth why the Step 1 response failed to resolve the grievance;
(2) The supervisor's response (or a single arbitrator chosen in statement that the following manner from a list of five supervisor failed to respond within the time allowed); and
(53) names submitted by the State Conciliator A copy of the Employment Relations Board or from any other agency on which grievance filed at Step 1. Upon receipt of the parties agree. Step 2 grievance, the Department Head shall forward a copy of the grievance to the Chief Xxxxxxx if the aggrieved employee is not represented by a xxxxxxx.
(b) Within fifteen (15) calendar days following receipt of the grievance, the Department Head or designee, will investigate the grievance and respond in writing to the aggrieved employee and Union. At any time following the Department Head's receipt of the list of arbitratorsgrievance and before the Step 2 cutoff date, the City Department Head, the aggrieved employee and the Union representatives shall flip xxxxxxx representing the employee may meet for the purpose of clarifying the issues presented by the grievance. If agreed to and held, such a coin to determine who shall exercise the first opportunity of striking a name, with the loser of the coin toss striking first. Strikes shall be exercised alternately until each party has exercised two (2) strikes and only one (1) name remains, who shall be the arbitrator. Within fifteen (15) calendar days from the date the arbitrator is selected, the Union, on behalf of both parties, shall inform the arbitrator of selection; and the arbitrator shall schedule a hearing.
(b) The parties may, by mutual agreement in a particular case, provide for any amendment, waiver, modification, or addition to the rules and procedures herein set forth in Article 18, which agreement meeting shall not affect subsequent casesdelay the Step 2 cutoff date unless all parties agree to extend that time limit in accordance with Article 18.3.
(c) Within fifteen (15) calendar days of receipt of If the Human Resources Director's findings aggrieved employee elects to represent himself or herself at any Step 2 meeting and conclusions, as called for in Article 18.6(c), either party to the labor contract may request mediation. If agreed to by both parties, the Union will contact the State Conciliator desires to participate in a role of the Employment Relations Board and a mediation session will be held with an assigned mediator. A mutual request for mediation waives the time limits in Article 18. If mediation is not successfulobserver, a request it shall be made that the arbitration hearing be scheduled within ten (10) calendar days from the conclusion of mediation. Mediation shall be concluded when (1) the parties mutually agree in writing that the grievance is resolved; and (2) the Union provides written notice that the grievance is withdrawn; represented by its Chief Xxxxxxx or (3) either party notifies the other party and the mediator in writing that it wishes to conclude mediation, but only after at least one mediation session has been concludeddesignee.
(d) Except as expressly provided hereinIf, arbitration of grievances shall be conducted according to after the applicable rules of fifteenth (15th) day following the organization that supplied the parties with a list of arbitrators.
(e) The scope of the arbitration shall be limited to issues of fact and the disputed application and interpretation of this contract as raised by response in writing, or if the aggrieved employee at is not satisfied with the City's Step 1 and as presented through 2 response, the various appeal steps in this procedure, including aggrieved employee may carry the grievance to Step 3 response3. In arbitration, no new factual information or evidence This fifteenth (15th) day shall be submitted which was not presented earlier in the grievance procedure and which was not presented in connection with and is not relevant to the Step 3 response and the written notice of rejection filed pursuant to Article 18.6(c)(2).
(f) When, after the initiation of a grievance at Step 4 but before the arbitration hearing, new factual information or evidence directly relevant to the issues first comes to the knowledge of a party and it was not previously known to the party, notice of such information immediately shall be served on the other party's representative and a meeting held as soon as possible at a mutually agreeable time to discuss the impact of such new information and to attempt to adjust the grievance by mutual agreement. If such meeting does not produce a settlement of the grievance, such information may be introduced in arbitration, if otherwise admissible according to usual evidentiary standards in arbitration.
(g) The powers of the arbitrator shall be limited to determination of issues of fact and the application and interpretation of the provisions of this contract, as the same may be within the scope of the arbitration. The arbitrator shall have no power or authority to alter, abridge, modify, vacate, or amend any of the terms of this contract; nor to substitute the arbitrator’s judgment for that of the City as to any matter within City's discretion under this contract, as long as the City did not exercise its discretionary authority unreasonably, arbitrarily, capriciously or discriminatorily; nor to consider, decide, or act upon any condition or circumstance not treated in this contract"Step 2 cutoff date.
(h) The arbitrator shall render a decision within thirty (30) days of the close of the hearing. Any necessary expenses for the services of the arbitrator shall be paid by the losing party. If the arbitrator determines that there is no prevailing party, the arbitrator may apportion each party's cost as is equitable. If either party desires an official verbatim record of an arbitration proceeding, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Each party shall be responsible for compensating its own representatives or witnesses. The names of any witness to be used in arbitration by either party shall be made known to the other at least seventy-two (72) hours prior to the arbitration hearing.
(i) The decision of the arbitrator, if arrived at pursuant to the provisions of this contract, shall be final and binding upon the parties."
Appears in 1 contract
Samples: Collective Bargaining Agreement
Grievances at Step. 4
(a) Grievances shall be submitted to a single arbitrator chosen in the following manner from a list of five (5) names submitted by the State Conciliator of the Employment Relations Board or from any other agency on which the parties agree. Within fifteen (15) calendar days following the Union's receipt of the list of arbitrators, the City and the Union representatives shall flip a coin to determine who shall exercise the first opportunity of striking a name, with the loser of the coin toss striking first. Strikes shall be exercised alternately until each party has exercised two (2) strikes and only one (1) name remains, who shall be the arbitrator. Within fifteen (15) calendar days from the date the arbitrator is selected, the Union, on behalf of both parties, shall inform the arbitrator of selection; and the arbitrator shall schedule a hearing.
(b) The parties may, by mutual agreement in a particular case, provide for any amendment, waiver, modification, or addition to the rules and procedures herein set forth in Article 18, which agreement shall not affect subsequent cases.
(c) Within fifteen (15) calendar days of receipt of the Human Resources Director's findings and conclusions, as called for in Article 18.6(c), either party to the labor contract may request mediation. If agreed to by both parties, the Union will contact the State Conciliator of the Employment Relations Board and a mediation session will be held with an assigned mediator. A mutual request for mediation waives the time limits in Article 18. If mediation is not successful, a request shall be made that the arbitration hearing be scheduled within ten (10) calendar days from the conclusion of mediation. Mediation shall be concluded when (1) the parties mutually agree in writing that the grievance is resolved; and (2) the Union provides written notice that the grievance is withdrawn; or (3) either party notifies the other party and the mediator in writing that it wishes to conclude mediation, but only after at least one mediation session has been concluded.
(d) Except as expressly provided herein, arbitration of grievances shall be conducted according to the applicable rules of the organization that supplied the parties with a list of arbitrators.
(e) The scope of the arbitration shall be limited to issues of fact and the disputed application and interpretation of this contract as raised by the aggrieved employee at Step 1 and as presented through the various appeal steps in this procedure, including the Step 3 response. In arbitration, no new factual information or evidence shall be submitted which was not presented earlier in the grievance procedure and which was not presented in connection with and is not relevant to the Step 3 response and the written notice of rejection filed pursuant to Article 18.6(c)(2).
(f) When, after the initiation of a grievance at Step 4 but before the arbitration hearing, new factual information or evidence directly relevant to the issues first comes to the knowledge of a party and it was not previously known to the party, notice of such information immediately shall be served on the other party's representative and a meeting held as soon as possible at a mutually agreeable time to discuss the impact of such new information and to attempt to adjust the grievance by mutual agreement. If such meeting does not produce a settlement of the grievance, such information may be introduced in arbitration, if otherwise admissible according to usual evidentiary standards in arbitration.
(g) The powers of the arbitrator shall be limited to determination of issues of fact and the application and interpretation of the provisions of this contract, as the same may be within the scope of the arbitration. The arbitrator shall have no power or authority to alter, abridge, modify, vacate, or amend any of the terms of this contract; nor to substitute the arbitrator’s judgment for that of the City as to any matter within City's discretion under this contract, as long as the City did not exercise its discretionary authority unreasonably, arbitrarily, capriciously or discriminatorily; nor to consider, decide, or act upon any condition or circumstance not treated in this contract.
(h) The arbitrator shall render a decision within thirty (30) days of the close of the hearing. Any necessary expenses for the services of the arbitrator shall be paid by the losing party. If the arbitrator determines that there is no prevailing party, the arbitrator may apportion each party's cost as is equitable. If either party desires an official verbatim record of an arbitration proceeding, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Each party shall be responsible for compensating its own representatives or witnesses. The names of any witness to be used in arbitration by either party shall be made known to the other at least seventy-two (72) hours prior to the arbitration hearing.
(i) The decision of the arbitrator, if arrived at pursuant to the provisions of this contract, shall be final and binding upon the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
