Step 3 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.
13.4.1 The Arbitrator's decision shall be final and binding on all parties, subject to the following terms and conditions. The Arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration.
13.4.2 Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.
13.4.3 Except where specifically provided elsewhere in this Agreement, neither party shall be required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 17.5 below. If necessary, the Arbitrator sh...
Step 3 - Arbitration. If the grievance is not answered to the Union’s satisfaction in Step 2, the Union may make written request that the grievance be submitted to final and binding arbitration. Requests for arbitration must be submitted to the County Department of Law within thirty (30) working days following the date the Union received the Employer’s Step 2 response. In the event the grievance is not referred to arbitration within such time limit, the grievance shall be considered resolved based upon the answer given by the Employer in Step 2.
Step 3 - Arbitration. If the Union is not satisfied with the Step 2 response, the Union may submit a notice to the District to proceed with the grievance to arbitration within twenty-one (21) calendar days of the Step 2 decision. The Arbitrator shall be selected in the following manner: The parties shall submit a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohio. The parties shall alternately strike the names of the Arbitrators until only one (1) name remains. Either party may reject the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that shall be final and binding on both parties. The Arbitrator shall not have the authority or power to add to, subtract from, disregard, alter, or modify any of the express terms or provisions of this Agreement. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The requesting party shall be responsible for paying court reporter fees; however, such fees shall be split equally if both parties desire a reporter or request a copy of the transcript.
Step 3 - Arbitration. A. If the decision of the Assistant Vice President, Human Resources or his/her designate is not satisfactory or if none is communicated within the time limits referred to above, the grievance may be submitted - within ten
Step 3 - Arbitration. 19.8.3.1 The Union has the exclusive right to appeal the decision to arbitration within twenty (20) days of the Step 2 decision being rendered or at the expiration of the timeline within which a decision was due. Notification of the appeal to arbitration shall be in writing and delivered by facsimile and by either hand-delivery or regular U.S. mail to the Senior Executive Director of Labor Relations, or successor. The arbitrator shall issue a decision not later than thirty (30) calendar days after the closing of the hearing. The decision shall be in writing and shall set forth the arbitrator’s opinion and conclusion on the issue(s) submitted. The decision of the arbitrator shall be final and binding on the parties.
19.8.3.2 Based on mutual agreement, a court reporter shall be present at the arbitration hearing, in which case the court reporter’s fee shall be equally shared by the Union and the District. In the absence of mutual agreement, either party may have a court reporter present and shall be solely responsible for the court reporter’s fees. The arbitrator’s fee shall be equally shared by the Union and the District. If an arbitrator is selected and the arbitration is postponed, the party requesting the postponement shall pay 100% of all fees.
Step 3 - Arbitration. (a) If the decision of the Executive Director, Human Resources or his/her designate is not satisfactory or if none is communicated within the time limits referred to above, the grievance may be submitted - within ten (10) working days after the expiry of the time limit set out above for the written communication of the decision of the Executive Director, Human Resources or his/her designate - by the union to arbitration as set forth in Article 10 (Grievances and Grievance Arbitration).
Step 3 - Arbitration. If the grievance is not satisfactorily settled at Step 2, the Union has twenty (20) days from the date of the Step 2 written statement or Step 1 response, to file for arbitration, by sending a Notice of Intent to Arbitrate to the Director of Human Resources. If the Union fails to request arbitration within this time limit, the grievance shall be deemed not eligible to go to arbitration. The Notice of Intent to Arbitrate shall identify the name of the Arbitrator selected by the procedure set forth below.
Step 3 - Arbitration. If the grievance is not resolved at Step 2, the Union may file a demand for arbitration (with a copy of the grievance and response attached). The demand to arbitrate the dispute must be filed with the Federal Mediation and Conciliation Service (FMCS) with a copy to the OFM State Human Resources Labor Relations Section (LRS) at the email address xxxxx.xxxxxxxxx@xxx.xx.xxx and the DOC Headquarters Labor Relations Office within fourteen (14) days of impasse at PARM.
Step 3 - Arbitration. If the response of the Executive Management Committee of the Board as outlined in Article 10.4 is unsatisfactory to the grievor and/or the Union, the Union may refer the dispute to Arbitration. If the Union desires to apply for Arbitration, it must do so within two (2) weeks of receipt of the Employer’s decision in rendered in accordance with Article 10.4.
