Immediate Arbitration. 20.6.1 Any party may waive the grievance procedure time limits specified in this Article and proceed to immediate arbitration in any case where the party alleges that the other is threatening to take an action in violation of the Agreement in so short a period of time as to disallow the party from proceeding within the time limits of this Article. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions. 20.6.2 The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the grieving party for such "Immediate Arbitration," unless otherwise mutually agreed. During the two (2) week period, fourteen (14) calendar days, immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. 20.6.3 If the City is the responding party, the Fire Chief and Director of Employee Relations, or their designated representatives, jointly, shall have the opportunity to meet with or otherwise communicate with appropriate Union representatives, in an attempt to resolve the dispute. 20.6.4 Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period. 20.6.5 The parties will attempt to have a standing list of available "Immediate Arbitrators," but if no agreement on same is reached, the parties will obtain five (5) arbitrators, by telephone if possible, from the State Mediation and Conciliation Service. The first arbitrator available to hear the matter following the two (2) week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed otherwise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement. 20.6.6 In any such case, the arbitrator selected to decide the dispute or grievance shall have the full and equitable power to frame a decision, including an order to the party initiating the dispute or grievance to abide by the time limits provided in the Article, or a restraining order against the party threatening the action or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change or modify any provision of this Agreement and shall be authorized only to apply existing provisions of this Agreement to the specific facts involved and to interpret only applicable provisions of this Agreement. 20.6.7 Unless the parties agree otherwise, closing argument shall be presented orally and there shall be a "bench" decision. 20.6.8 The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all possible.
Appears in 2 contracts
Immediate Arbitration. 20.6.1 Any party A. The DSA may waive the grievance procedure time limits specified in this Article Section and proceed to immediate arbitration Immediate Arbitration in any case where the party DSA alleges that the other County is threatening to take an action in violation of the this Agreement in so short a period of time as to disallow the party DSA from proceeding within the time limits of this ArticleSection. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this section. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions.
20.6.2 B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level.
C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration.
D. The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the grieving party DSA for such "Immediate Arbitration," , unless otherwise mutually agreed. During the two week period (2) week period, fourteen (14) calendar days, ) immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute.
20.6.3 If E. Where the City County is the responding party, the Fire Chief Sheriff and Director of Employee RelationsRelations Officer, or their designated representatives, representatives jointly, shall have the opportunity to meet with or otherwise communicate with appropriate Union DSA representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible.
20.6.4 F. Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period.
20.6.5 G. The parties will attempt to have a standing list of available "Immediate Arbitrators," but if no agreement . If the parties are unable to agree on same is reachedan arbitrator, the parties will shall obtain a list of five (5) arbitrators, by telephone if possible, names from the State Mediation and Conciliation Service. The Each party may strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first arbitrator available to hear the matter following the two (2) week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed otherwiseselected. The parties are free to mutually agree upon an immediate arbitrator through any other process or may, by mutual agreement, use another method of selecting the arbitrator.
20.6.6 In any such caseH. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. Furthermore, the arbitrator selected to decide the dispute or grievance shall not have the full and equitable power authority to frame a decision, including an order to the party initiating the dispute or grievance to abide by the time limits provided in the Article, or a restraining order against the party threatening the action or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change change, or modify any provision of this Agreement and shall be authorized only to apply existing provisions of MOU. This provision does not expand what is arbitrable under this Agreement to the specific facts involved and to interpret only applicable provisions of this AgreementMOU.
20.6.7 I. Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and there if possible, the arbitrator shall be a "bench" decisionissue his ruling immediately thereafter.
20.6.8 J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending.
K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible.
L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, including by meeting nights the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four.
M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator.
N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and weekendscosts to the other party, if at all possiblenot to exceed a maximum of $3,000.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Immediate Arbitration. 20.6.1 Any party may waive the grievance procedure time limits specified in this Article and proceed to immediate arbitration in any case where the party alleges that the other is threatening to take an action in violation of the Agreement in so short a period of time as to disallow the party from proceeding within the time limits of this Article. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions.
20.6.2 The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the grieving party for such "Immediate Arbitration," unless otherwise mutually agreed. During the two (2) week period, fourteen (14) calendar days, immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute.
20.6.3 If the City is the responding party, the Fire Chief and Director of Employee Relations, or their designated representatives, jointly, shall have the opportunity to meet with or otherwise communicate with appropriate Union representatives, in an attempt to resolve the dispute.
20.6.4 Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period.
20.6.5 The parties will attempt to have a standing list of available "Immediate Arbitrators," but if no agreement on same is reached, the parties will obtain five (5) arbitrators, by telephone if possible, from the State Mediation and Conciliation Service. The first arbitrator available to hear the matter following the two (2) week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed otherwise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement.
20.6.6 In any such case, the arbitrator selected to decide the dispute or grievance shall have the full and equitable power to frame a decision, including an order to the party initiating the dispute or grievance to abide by the time limits provided in the Article, or a restraining order against the party threatening the action or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change or modify any provision of this Agreement and shall be authorized only to apply existing provisions of this Agreement to the specific facts involved and to interpret only applicable provisions of this Agreement.
20.6.7 Unless the parties agree otherwise, closing argument shall be presented orally and there shall be a "bench" decision.
20.6.8 The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all possible.five
Appears in 1 contract
Samples: Memorandum of Agreement
Immediate Arbitration. 20.6.1 Any party A. The DSA may waive the grievance procedure time limits specified in this Article Section and proceed to immediate arbitration Immediate Arbitration in any case where the party DSA alleges that the other County is threatening to take an action in violation of the this Agreement in so short a period of time as to disallow the party DSA from proceeding within the time limits of this ArticleSection. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this section. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions.
20.6.2 B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level.
C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration.
D. The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the grieving party DSA for such "Immediate Arbitration," , unless otherwise mutually agreed. During the two two-week period (2) week period, fourteen (14) calendar days, ) immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute.
20.6.3 If E. Where the City County is the responding party, the Fire Chief Sheriff and Director of Employee RelationsRelations Officer, or their designated representatives, representatives jointly, shall have the opportunity to meet with or otherwise communicate with appropriate Union DSA representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible.
20.6.4 F. Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) two-week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period.
20.6.5 G. The parties will attempt to have a standing list of available "Immediate Arbitrators," but if no agreement . If the parties are unable to agree on same is reachedan arbitrator, the parties will shall obtain a list of five (5) arbitrators, by telephone if possible, names from the State Mediation and Conciliation Service. The Each party may strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first arbitrator available to hear the matter following the two (2) week period shall be selected as arbitrator. The order of contacting the potential arbitrators shall be determined by lot unless mutually agreed otherwiseselected. The parties are free to mutually agree upon an immediate arbitrator through any other process or may, by mutual agreement, use another method of selecting the arbitrator.
20.6.6 In any such caseX. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. Furthermore, the arbitrator selected to decide the dispute or grievance shall not have the full and equitable power authority to frame a decision, including an order to the party initiating the dispute or grievance to abide by the time limits provided in the Article, or a restraining order against the party threatening the action or any other form of arbitration order that would resolve the matter in an equitable and just manner. However, the arbitrator may not add to, subtract from, change change, or modify any provision of this Agreement and shall be authorized only to apply existing provisions of MOU. This provision does not expand what is arbitrable under this Agreement to the specific facts involved and to interpret only applicable provisions of this AgreementMOU.
20.6.7 I. Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and there if possible, the arbitrator shall be a "bench" decisionissue his ruling immediately thereafter.
20.6.8 J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending.
K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible.
L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, including by meeting nights the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four.
M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator.
N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and weekendscosts to the other party, if at all possiblenot to exceed a maximum of $3,000.
Appears in 1 contract
Samples: Memorandum of Understanding
