Common use of Step 4 Clause in Contracts

Step 4. If the decision of the Town Manager does not resolve the grievance, the Union shall have the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within five (5) days following the date the request for arbitration was received by the Town Manager, the American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator shall limit themself to the issues submitted to the arbitrator and shall consider nothing else. The arbitrator shall be bound by and must comply with all of the terms of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty payments. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision of the arbitrator shall be final and binding on the parties. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. The cost of the hearing room shall be borne equally by the Town and the Association. Any other expenses shall be paid by the party incurring same. The exception to this provision shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth above, shall be borne equally by both parties and the arbitrator shall not be required to declare a losing party.

Step 4. If the decision of the Town Manager does grievance is not resolve the grievancesettled at Step 1, the Union shall have the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached Step 2, or Step 3, within five (5) days following business days, either party to the date grievance may request in writing to the Executive Director of the TJPA that the grievance be submitted to arbitration. After the request for arbitration was received is made in writing, an arbitrator shall be selected by each party alternately striking a name from the Town Managerfollowing 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 American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator Executive Director shall limit themself to the issues submitted 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 consider nothing elsebe 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 be bound by and must comply with all of not have the terms authority to modify, amend, alter, cancel, add to or subtract from, any provision of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty paymentsAgreement. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This (3) A decision shall be accomplished given to the parties within thirty five (305) business days of the 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 hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision of the arbitrator shall be final and binding on upon all parties to the partiesgrievance. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. (4) The cost of the arbitrator’s fees and expenses, including a court reporter, and any cost to pay for facilities for the hearing room shall be borne equally by the Town 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 the Association. Any other expenses any written referral or request shall be paid by considered timely if it is personally delivered, faxed, electronically mailed, or postmarked during the party incurring sameextended time period. The exception Failure to this provision shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost respond in writing within the time limits provided above, without a request for an extension of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth abovetime, shall be borne equally by both parties and the arbitrator shall not be required to declare deemed a losing partywaiver of such disputes with prejudice.

Step 4. If the decision of the Town Manager does grievance is not resolve the grievancesettled at Step 3, the Union shall have the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within five (5) business days following after the date meeting of the request for JAC, either party to the grievance may submit the grievance to arbitration was received by the Town Manager, the American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed notification in writing to the other party. Within seven days of notification, the parties shall select an arbitrator by alternately striking a name from the following list of arbitrators: Xxxxxx Xxxxxx, Xxxxx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxxx, and Xxxxxxx Kong Xxxxx. The party to strike first shall be determined by a coin toss. c. The Arbitrator (1) Upon selection of an arbitrator, the Designated Representative of the Developer shall limit themself to the issues submitted provide notice to the arbitrator and parties to the grievance. Any arbitrator who does not respond within five (5) business days or who is not available within eight (8) weeks of this notice shall consider nothing elsebe 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). (2) Upon selection of an arbitrator, 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 be bound by and must comply with all of not have the terms authority to modify, amend, alter, cancel, add to or subtract from, any provision of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty paymentsAgreement. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This (3) A decision shall be accomplished given to the parties within thirty five (305) business days of the 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 hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision of the arbitrator shall be final and binding on upon all parties to the partiesgrievance. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. (4) The cost of the arbitrator’s fees and expenses and any cost to pay for facilities for the hearing room shall be borne equally by the Town and parties to the Associationgrievance. Any other expenses The cost of a court reporter shall be paid by the party incurring same. The exception requesting party, unless otherwise agreed. (5) Any of the time periods set forth in this Article may be modified in writing by mutual consent of the parties to this provision the grievance, and any written referral or request shall be with respect considered timely if it is personally delivered, faxed, electronically mailed, or postmarked during the extended time period. Failure to arbitrations that result from grievances concerning adverse performance evaluations. The cost respond in writing within the time limits provided above, without a mutually agreed upon extension of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth abovetime, shall be borne equally by both parties and the arbitrator shall not be required to declare deemed a losing partywaiver of such disputes with prejudice.