Common use of Step 3 Clause in Contracts

Step 3. (a) If not then settled, either party may, within fourteen (14) days from the Step 2 decision, give written notice to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered list of five (5) qualified arbitrators. The arbitrator shall be chosen by the alternate striking of names by the Company and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptable. (b) As soon as possible after the Arbitrator has been selected, he shall meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced. (c) The Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. (d) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, shall stand. (e) Each of the parties shall bear equally the expenses of the Arbitrator. (f) No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.

Step 3. If the matter is not resolved at Step 2, the employee(s) may request intervention of the 6 Association following receipt of the notification of the disposition of Step 2. When the grievance, in 7 the judgment of the Association merits further consideration, the Association will notify, in writing, 8 the Superintendent or designee within fifteen (a15) If not then settled, either party maydays of the employee's receipt of notification of 9 disposition at Step 2. The Superintendent or designee will, within fourteen (14) days from the Step 2 decision, give written notice to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered list of five (5) qualified arbitratorsworkdays of the receipt of 10 the appeal, meet with the employee(s) and the Field Representative of the union and will attempt to 11 arrive at an equitable solution. A decision will be rendered by the Superintendent or designee within 12 ten (10) workdays after this meeting. 14 Step 4. If no settlement has been reached within the time period referred to in the preceding 15 subsection, and the Association believes the grievance to be valid, the Association on behalf of the 16 employee(s) may, within ten (10) workdays following receipt of the District’s decision referenced in 18 statement of the grievance and proposed resolution. Further, the Arbitrator will be without power to 19 make a decision which requires commission of an act prohibited by law or which is outside the scope 20 of the Agreement. If any questions arise as to the arbitrability, such questions will first be ruled upon 21 by the Arbitrator selected to hear the dispute. The arbitrator parties will be bound by the rules of the American 22 Arbitration Association except as otherwise agreed. The sections of the Collective Bargaining 23 Agreement alleged to be violated are controlling and will not be expanded during the grievance 24 process unless by mutual consent. 26 Within ten (10) calendar days following selection of the Arbitrator, the Arbitrator will confer with the 27 representative of the Superintendent and the Association and hold hearings promptly and will issue a 28 decision not later than fifteen (15) calendar days from the date of the close of the hearing; or, if oral 29 hearings have been waived, then from the date that the final statements and proofs are submitted. The 30 decision of the Arbitrator will be submitted to the Board and the Association and will be final and 31 binding upon the parties. The costs, if any travel and subsistence expenses, and the cost of any hearing 32 room will be borne equally by the District and the Association. 36 A R T I C L E X V I 37 38 SALARIES AND EMPLOYEE COMPENSATION 39 40 Section 16.1. 41 Employees shall be chosen by the alternate striking of names by the Company and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptable. (b) As soon as possible after the Arbitrator has been selected, he shall meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced. (c) The Arbitrator shall not have the jurisdiction to alter or change any of compensated in accordance with the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreementfor all hours 42 worked. (d) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, shall stand. (e) Each of the parties shall bear equally the expenses of the Arbitrator. (f) No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.

Step 3. If the Chief’s decision does not resolve the grievance, the Union may submit the grievance to an arbitrator within ten (a10) If not then settled, either party may, within fourteen (14) calendar days from following the Step 2 decisionresponse, give written notice according to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered following prescribed manner: a. A list of five (5) qualified arbitratorsOregon members of the American Arbitration Association shall be requested from the State Conciliator. The arbitrator shall be chosen by the alternate striking of names by the Company and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptable. (b) As soon as possible after the Arbitrator has been selected, he shall parties will meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) calendar days after Arbitration proceedings have commencedof receiving the list and will alternately strike one (1) name from the list until only one (1) is left. The Department shall strike the first name. The one remaining shall be the arbitrator. One (1) day will be allowed for the striking of each name. b. The arbitrator shall render a decision within thirty (c30) days. The Arbitrator shall not have the jurisdiction to alter or change any powers of the provisions of arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. He/she shall have no authority to substitute alter, modify, vacate, or amend any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. (d) No grievance shall be submitted , to substitute his/her judgment for Arbitration that of the Department in any instance where the Department is exercising its operational prerogatives or its prerogatives under this Agreement, or to decide on any condition which does is not involve a question concerning the interpretation, application, administration or alleged violation of specifically treated in this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, arbitrator shall stand. (e) Each be binding on both parties. Neither of the parties shall bear equally submit any new factual information or evidence in arbitration that was not presented previously in the expenses administrative proceedings. If prior to the arbitration hearing, either of the Arbitratorparties discovers new evidence not previously discussed, the parties shall reconvene at the third step of this procedure. This meeting shall not result in delay of the arbitration hearing unless mutually stipulated. (f) No person c. Each grievance will be submitted at a separately convened arbitration hearing unless the parties agree mutually to submit more than one grievance at the same arbitration hearing. The costs of the impartial arbitrator, the court reporter, or stenographer, if requested by the arbitrator, and transcripts of the hearing furnished to the arbitrator, shall be selected shared equally by the parties. Each party shall be responsible for all costs of presenting its position to the arbitrator. All meetings and hearings under this provision shall be kept informal and private, and shall include only such parties in interest and/or designated representatives as referred to in this Article. All information relative to the grievance and resolutions accomplished via the procedure shall be considered exempt from public disclosure in an Arbitrator who has been directly involved in attempts effort to negotiate or settle ensure confidentiality to the grievanceemployee. d. As an alternative to arbitration, the parties may mutually agree to grievance mediation. Such attempt at mediation shall not constitute a waiver of the right to seek arbitration but shall constitute a waiver of time limits specified herein pending the outcome of the mediation process.

Step 3. (a) If the reply of the Superintendent, Labour Relations or his designate does not then settledadjust the grievance, either party may, a meeting with Company Management may be requested within fourteen (14) days from the Step 2 decision, give written notice to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered list of five (5) qualified arbitratorsworking days of the Superintendent, Labour Relations' answer, otherwise the matter will be closed. Company Management, or their designates, will meet the Committee in an attempt to resolve the grievance within fifteen (15) working days of a request for such meeting(s). The arbitrator International Representative of the Union or his designate may be present at this stage. Company Management shall give their written decision within five (5) working days following the aforementioned meeting. b) Any of the time limits provided above may be chosen extended by mutual consent of the parties hereto. c) Matters concerning the application, interpretation or administration of the Agreement, that concern a group of employees or that would not normally fall within the authority of supervision referred to in Step 1 may be submitted as a grievance in Step 2. d) In the event the parties are unable to reach settlement of a grievance involving interpretation or application of any provision of the Labour Agreement under the provisions of the Grievance Procedure, the aggrieved party may within thirty (30) calendar days after the date of the Company Management's written answer in Step 3, notify the other party of a desire to have the dispute arbitrated by a third party. Failure to provide such notification within such thirty (30) day period shall constitute waiver by the alternate striking aggrieved party to further consideration of names by the case. e) Within fifteen (15) days after referral to Arbitration, the parties will attempt to select an Arbitration Board. The Company will have the privilege of selecting an Arbitrator, the Union will have the same privilege, and the Union until only one name remainstwo thus chosen may select a third Arbitrator. Either party may request that If these two (2) Arbitrators cannot agree upon a second panel be furnished if third Arbitrator, the first list is not acceptable. (b) As soon as possible after the Minister of Labour for Ontario shall appoint a third Arbitrator has been selected, he and this Board of Arbitration shall meet convene and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions which shall be given within seven (7) days after Arbitration proceedings have commencedfinal and binding upon both parties to this Agreement. (cf) The Arbitrator Arbitration Board shall not have the jurisdiction be authorized to alter or change any of the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give render any decision inconsistent with the terms and provisions of this Agreement, nor shall they alter, add to or amend any of its provisions. They shall, however, have the right to make a just and equitable award. (dg) No grievance Each party shall be submitted for Arbitration which does not involve a question concerning bear the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days cost of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further own nominee and the decision of the Company or the Union committee in the case of a Company grievance, shall stand. (e) Each of the parties shall bear equally the fee and expenses of the Arbitrator. (f) No person Chairman of the Arbitration Board shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle shared equally between the grievanceCompany and the Union.

Step 3. (a) If not then settled, either party may, within fourteen (14) days from the Step 2 decision, give written notice to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-odd- numbered list of five (5) qualified arbitrators. The arbitrator shall be chosen by the alternate striking of names by the Company and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptable. (b) As soon as possible after the Arbitrator has been selected, he shall meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced. (c) The Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. (d) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, shall stand. (e) Each of the parties shall bear equally the expenses of the Arbitrator. (f) No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.

Step 3. If the matter is not resolved at Step 2 and is to be appealed, the Union and the employee must jointly agree to proceed to Step 3, and must so notify the Board of Education in writing within ten (a10) If work days of receipt of the decision at Step 2. Within ten (10) work days of receipt of the notice of appeal in the office of the Superintendent of Schools, the Board of Education shall cause a statement of the charges and supporting specifications which formed the basis for the action of discipline or discharge, to be sent to the employee and the Union. Within ten (10) work days of the employee’s receipt of the statement of charges, he/she and the Union shall submit a written response to those charges. The Board of Education, or the Hearing Officer if the Board of Education appoints a Hearing Officer, shall notify all parties involved in the matter of the time and place where the parties and their representatives shall convene for the purpose of the hearing. The hearing shall be conducted as soon as practicable but not then settled, either party may, within fourteen to exceed twenty (1420) work days from the Step 2 3 notification, which date may be extended through mutual agreement of the parties. The hearing, as the Board of Education shall determine, shall be conducted either before the Board of Education or a panel of members of the Board of Education or a Hearing Officer appointed by the Board of Education to conduct a hearing on its behalf. At such hearing, each party shall have the right to examine and cross-examine witnesses and shall be allowed to submit final statements concerning their positions within ten (10) working days of the close of the hearing. The Board of Education shall render its decision, give written notice in writing, which decision shall be final. Such decision shall be rendered no later than twenty (20) work days after the conclusion of the hearing or submission of final positions, whichever is later, except where waived by the parties. The decision shall be sent to the other of desire to arbitrate. The grieving party shall notify the Ministry of Labour and request to be furnished an odd-numbered list of five (5) qualified arbitrators. The arbitrator shall be chosen by the alternate striking of names by the Company employee and the Union until only one name remains. Either party may request that a second panel be furnished if the first list is not acceptableUnion. (b) As soon as possible after the Arbitrator has been selected, he shall meet and hear the evidence and representatives of both parties, and shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced. (c) The Arbitrator shall not have the jurisdiction to alter or change any of the provisions of this Agreement to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. (d) No grievance shall be submitted for Arbitration which does not involve a question concerning the interpretation, application, administration or alleged violation of this Agreement. The party receiving notice of Arbitration may, within three (3) days of its receipt, give written notice to the other party, objecting the matter is not arbitrable in that it does not involve an interpretation, application, administration or alleged violation of the Agreement. In such cases, the Arbitrator shall endeavour to decide that question before dealing with the matter on the merits. However, such decision shall not be permitted to delay the proceedings so that a further sitting is required. In such cases, the Arbitrator shall reserve judgement on the question of arbitrability and proceed with the matter on the merits. The Arbitrator in its award shall first deal with the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitrator shall not consider the matter further and the decision of the Company or the Union committee in the case of a Company grievance, shall stand. (e) Each of the parties shall bear equally the expenses of the Arbitrator. (f) No person shall be selected as an Arbitrator who has been directly involved in attempts to negotiate or settle the grievance.