Step 3 – Grievance arbitration. 16.4.1 No right to grievance arbitration exists with respect to grievances ─
Step 3 – Grievance arbitration. Within thirty (30) calendar days of the Director’s (or designee’s) response to Step 2, the Guild may advance the grievance to Arbitration by notifying the Director on the grievance form. If the Director (or designee) fails to respond to Step 2, the Guild may advance the grievance to Step 3 within thirty (30) calendar days of the Director’s response deadline as outlined in Step 2. After the grievance has been advanced to Step 3, the parties’ representatives may confer and attempt to agree on a neutral arbitrator. In the event that no such agreement is reached within fourteen (14) calendar days of the Guild’s demand to arbitrate, the Guild will submit a request for a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service (“FMCS”). The list will be limited to arbitrators from the sub-region surrounding CRESA. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties’ representatives will meet or confer to select an arbitrator. The parties will each strike three (3) arbitrators from the list in an alternating order, and the remaining arbitrator will hear the dispute. The party exercising the first strike will be the loser of a flip of a coin. The arbitrator’s decision will be final and binding. The arbitrator will have no power or authority to add to, subtract from or in any manner modify the terms of this Labor Agreement, nor to determine any issue other than that submitted. The parties will each pay their own costs, including their attorney’s fees, and each will pay one-half of the cost of the arbitrator’s services and any other joint costs of the arbitration. Grievance Process Flow Chart/Worksheet: Grievance Start – Date violation occurred and/or date employee became aware of its occurrence. Informal Resolution Supervisor Level – Employee (or guild) presents issue to Supervisor within 14 calendar days of when the event occurred or when employee knew of its occurrence. Supervisor has 14 calendar days to resolve issue or respond to employee. If Supervisor resolves issue at the informal Resolution Level, the grievance goes no further.
