Level III. 19.4.3.1 In the event the grievant is not satisfied with the decision at Level II, he/she may, but only with the concurrence and participation of the United Faculty, within fifteen (15) days, give written notice to the Chancellor demanding a "Fact-Finding Panel" be formed. 19.4.3.2 The grievant may with or without concurrence of the United Faculty, appeal the Chancellor's decision direct to "Level IV, Board" bypassing this level as optional on any grievance. 19.4.3.3 Where the grievant and the United Faculty demand a "Fact-Finding Panel," it shall be formed to consider the grievance and render a decision. The procedure shall be as follows: 19.4.3.3.1 Within five (5) days after the receipt of the written request, District and United Faculty shall each select one (1) person to serve as a member of the panel. 19.4.3.3.2 Within five (5) days the selected panel members shall communicate to select a mutually agreeable third (3rd) panel member who shall be neutral and impartial and shall serve as chairperson of the panel. 19.4.3.3.3 In the event that a mutually agreeable chairperson cannot be agreed upon within three (3) days, the panelist shall be selected by reverse striking from a list of five (5) certified panelists supplied by the American Arbitration Association, the California State Conciliatory Service, or the Federal Mediation and Conciliation Service. 19.4.3.3.4 Panel chairperson expenses, including any per diem fees, actual and necessary travel, and subsistence expense, and other fees and expenses shall be shared equally by the parties. Other expenses shall be borne by the party incurring them except as noted in seven (7) below. Neither party shall be responsible for the expenses or witnesses called by the other. 19.4.3.3.5 The panel shall, within ten (10) days after its appointment, schedule a hearing with the parties or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, or, take such other steps as the chairperson deems appropriate to determine a resolution recommendation. 19.4.3.3.6 The panel shall submit its decision, in writing, regarding the grievance in question to the United Faculty and the Governing Board. 19.4.3.3.7 The recommendation(s) shall automatically become binding on the parties unless within twenty (20) working days of its receipt at the District office or at the next regular Board meeting (whichever is later) the Board rejects or alters all or any part of the recommendation(s). In the event the Govern- ing Board rejects or alters all or any part of the recommenda- tion(s), the Board shall submit its decision in writing within five
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level III. 19.4.3.1 In the event the grievant is not satisfied with the decision at Level II, he/she may, but only with the concurrence and participation of the United Faculty, within fifteen (15) days, give written notice to the Chancellor demanding a "Fact-Finding Panel" be formed.
19.4.3.2 The grievant may with or without concurrence of the United Faculty, appeal the Chancellor's decision direct to "Level IV, Board" bypassing this level as optional on any grievance.
19.4.3.3 Where the grievant and the United Faculty demand a "Fact-Finding Panel," it shall be formed to consider the grievance and render a decision. The procedure shall be as follows:
19.4.3.3.1 Within five (5) days after the receipt of the written request, District and United Faculty shall each select one (1) person to serve as a member of the panel.
19.4.3.3.2 Within five (5) days the selected panel members shall communicate to select a mutually agreeable third (3rd) panel member who shall be neutral and impartial and shall serve as chairperson of the panel.
19.4.3.3.3 In the event that a mutually agreeable chairperson cannot be agreed upon within three (3) days, the panelist shall be selected by reverse striking from a list of five (5) certified panelists supplied by the American Arbitration Association, the California State Conciliatory Service, or the Federal Mediation and Conciliation Service.
19.4.3.3.4 Panel chairperson expenses, including any per diem fees, actual and necessary travel, and subsistence expense, and other fees and expenses shall be shared equally by the parties. Other expenses shall be borne by the party incurring them except as noted in seven (7) below. Neither party shall be responsible for the expenses or witnesses called by the other.
19.4.3.3.5 The panel shall, within ten (10) days after its appointment, schedule a hearing with the parties or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, or, take such other steps as the chairperson deems appropriate to determine a resolution recommendation.
19.4.3.3.6 The panel shall submit its decision, in writing, regarding the grievance in question to the United Faculty and the Governing Board.
19.4.3.3.7 The recommendation(s) shall automatically become binding on the parties unless within twenty (20) working days of its receipt at the District office or at the next regular Board meeting (whichever is later) the Board rejects or alters all or any part of the recommendation(s). In the event the Govern- ing Board rejects or alters all or any part of the recommenda- tion(s), the Board shall submit its decision in writing within fivefive (5) days of the Board's action to reject or alter the recommendation and pay all expenses that would have been equally shared. This procedure shall apply only if the grievance concerns Article 6, except 6.6, retired employees claim for benefits, and termination of temporary employees. If any other portion of the contract is grieved, the recommendation(s) shall automatically become binding on the parties. In this case, each party will pay its own expenses and the losing party will pay the cost of the third panel member, the panel chairperson.
19.4.3.3.8 In any event, the "Fact-Finding" panel shall have no power to: 19.4.3.3.8.1 add to, subtract from, discard, alter or modify any of the terms of this agreement;
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Level III. 19.4.3.1 In the event the grievant is not satisfied with the decision at Level II, he/she may, but only with the concurrence and participation of the United Faculty, within fifteen (15) days, give written notice to the Chancellor demanding a "Fact-Finding Panel" be formed.
19.4.3.2 The grievant may with or without concurrence of the United Faculty, appeal the Chancellor's decision direct to "Level IV, Board" bypassing this level as optional on any grievance.
19.4.3.3 Where the grievant and the United Faculty demand a "Fact-Finding Panel," it shall be formed to consider the grievance and render a decision. The procedure shall be as follows:
19.4.3.3.1 Within five (5) days after the receipt of the written request, District and United Faculty shall each select one (1) person to serve as a member of the panel.
19.4.3.3.2 Within five (5) days the selected panel members shall communicate to select a mutually agreeable third (3rd) panel member who shall be neutral and impartial and shall serve as chairperson of the panel.
19.4.3.3.3 In the event that a mutually agreeable chairperson cannot be agreed upon within three (3) days, the panelist shall be selected by reverse striking from a list of five (5) certified panelists supplied by the American Arbitration Association, the California State Conciliatory Service, or the Federal Mediation and Conciliation Service.
19.4.3.3.4 Panel chairperson expenses, including any per diem fees, actual and necessary travel, and subsistence expense, and other fees and expenses shall be shared equally by the parties. Other expenses shall be borne by the party incurring them except as noted in seven (7) below. Neither party shall be responsible for the expenses or witnesses called by the other.
19.4.3.3.5 The panel shall, within ten (10) days after its appointment, schedule a hearing with the parties or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, or, take such other steps as the chairperson deems appropriate to determine a resolution recommendation.
19.4.3.3.6 The panel shall submit its decision, in writing, regarding the grievance in question to the United Faculty and the Governing Board.
19.4.3.3.7 The recommendation(s) shall automatically become binding on the parties unless within twenty (20) working days of its receipt at the District office or at the next regular Board meeting (whichever is later) the Board rejects or alters all or any part of the recommendation(s). In the event the Govern- ing Governing Board rejects or alters all or any part of the recommenda- tion(srecommendation(s), the Board shall submit its decision in writing within fivefive (5) days of the Board's action to reject or alter the recommendation and pay all expenses that would have been equally shared. This procedure shall apply only if the grievance concerns Article 6, except 6.6, retired employees claim for benefits, and termination of temporary employees. If any other portion of the contract is grieved, the recommendation(s) shall automatically become binding on the parties. In this case, each party will pay its own expenses and the losing party will pay the cost of the third panel member, the panel chairperson.
19.4.3.3.8 In any event, the "Fact-Finding" panel shall have no power to: 19.4.3.3.8.1 add to, subtract from, discard, alter or modify any of the terms of this agreement;
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Grievance Procedure
