Step 4 Sample Clauses

Step 4. In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.

Step 4. 25.5.4.1 If mediation under this section does not resolve the parties’ dispute, the District may, but does not require arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

Step 4. If the grievance cannot be resolved under Step 3, it may be presented to an Assistant General Manager, or designee, within five (5) days from the date the Step 3 finding was issued. The Assistant General Manager, or designee, shall respond in writing to the employee within ten (10) days after the date the grievance is received.

Step 4. If the grievance has not been resolved, the Union may refer the dispute to final and binding arbitration. The Union shall notify the County in writing, of submission to arbitration within ten (10) working days after receipt of the County's written response in Step 3 above.

Step 4. If the grievance is not settled at Step 1, Step 2, or Step 3, within five (5) business days, either party to the grievance may request in writing to the Executive Director of the TJPA that the grievance be submitted to arbitration. After the request is made in writing, an arbitrator shall be selected by each party alternately striking a name from the following list of arbitrators: Xxxxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxx Xxxxx, Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxxxx and Xxxxxxx Xxxxxx. The party to strike first shall be determined by a coin toss. (1) Upon selection of an arbitrator, the Executive Director shall provide notice to the arbitrator and parties to the grievance. Any arbitrator who does not respond within twenty-four (24) hours or who is not available within eight (8) weeks of this notice shall be deemed to have waived the assignment. The grievance shall be referred to the next arbitrator on the list who was last to be struck (and so on, until an arbitrator is selected). The Executive Director may provide written notice by facsimile, electronic mail, hand delivery, or overnight mail which will be deemed effective upon receipt. (2) The arbitrator shall arrange for a hearing on the earliest date available from the date of her/his selection. The arbitrator’s decision shall be confined to the issue(s) posed by the grievance and shall be remedial only. The arbitrator shall not have the authority to modify, amend, alter, cancel, add to or subtract from, any provision of this Agreement. (3) A decision shall be given to the parties within five (5) business days after completion of the hearing unless such time is extended by mutual agreement. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the award. The requesting party shall be responsible to pay any additional cost associated with the written opinion. The arbitrator’s decision shall be final and binding upon all parties to the grievance. (4) The cost of the arbitrator’s fees and expenses, including a court reporter, and any cost to pay for facilities for the hearing shall be borne equally by the parties to the grievance. (5) Any of the time periods set forth in this Article may be modified in writing by mutual consent of the parties to the grievance, and any written referral or request shall be considered timely if it is personally delivered, faxed, electronically mailed, or postmarked durin...

Step 4. If the grievance is not resolved at Step 3, either party may within 15 calendar days request advisory arbitration. A request to proceed to advisory arbitration shall be filed with the Human Resources Director, who will act promptly to request a list of seven arbitrators from the American Arbitration Association (AAA). The Human Resources Director will instruct the AAA to issue a copy of the list to both the County and Union. Once the parties have received the lists, representatives of the parties will meet within 5 working days to determine if they can mutually agree upon using one of the arbitrators listed. Should the parties not be able to reach agreement, the parties shall alternately strike one name from the list until only one name remains. That person shall be the Arbitrator. The right to strike the first name shall be determined by lot.

Step 4. If the grievant is not satisfied with the reply in Step 3, within ten (10) days thereafter the written grievance may be presented to the County Superintendent of Schools or designee. The County Superintendent of Schools or designee shall reply within ten (10) days thereafter. This is the final administrative review of the grievance procedure.

Step 4. If the Step 3 response from the COUNTY is not acceptable, the UNION may submit the matter for arbitration and request a list of arbitrators from the Oregon State Employee Relations Board within thirty (30) days of the COUNTY’s Step 3 meeting.

Step 4. If the mediation at Step 3 is unsuccessful, the Union may submit to the Board a notice of arbitration. Such notice must not be later than twenty (20) days after the conclusion of the mediation.

Step 4. If the grievance is not settled in Step 3, either of the signatory parties to this Agreement may submit the grievance to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations, or the City and the Union may mutually agree to an alternative method to select an arbitrator. Such reference to arbitration shall be made within twenty (20) business days after receipt of the City's answer or failure to answer in Step 3 and shall be accompanied by the following information: A. Identification of Section(s) of Agreement allegedly violated; B. Nature of alleged violation; C. Question(s) which the arbitrator is being asked to decide; D. Remedy sought. Mediation can be requested at Step 4 in the same manner as outlined in Step 2. The grievance must be submitted to binding arbitration within the time frame specified in Step 4 and processed within the time frame specified in Step 4 after receipt of notification from the ADR Coordinator that the grievance was not resolved in mediation.