Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or designee, within five (5) days from the date the Step 4 finding was issued. The General Manager, or designee, shall respond in writing to the employee within ten (10) days after the date of the grievance is received.
Step 5. If, after receiving the Chief’s written reply, the grievance remains unadjusted, it may be submitted by mutual agreement to mediation (if the parties agree to mediation, the timelines will be temporarily waived and submission for future arbitration is in no way hindered by this process, unless the grievance is resolved in mediation) or, if no mutual agreement, it may be submitted by the Association, within thirty (30) business days of the Chief’s response to an arbitrator in the following manner:
a. The parties will negotiate a mutual statement stipulating the issue to be submitted to arbitration.
b. A list of five (5) arbitrators from the State Mediation and Conciliation Service (SMCS) shall be requested and the parties shall alternately strike one (1) name from the list until only one (1) is left. The order of striking shall be determined by lot.
c. The arbitrator shall render a decision within thirty (30) days. The powers of the arbitrator shall be limited to interpreting this agreement and determining if it has been violated. S/he shall have no authority to alter, modify, vacate, or amend any terms of this agreement, to substitute his/her judgment for that of the City in any instance where the City is exercising its operational prerogatives under this agreement, or to decide on any condition which is not specifically treated in this agreement. The decision of the arbitrator shall be binding on both parties. Neither of the parties shall submit any new factual information or evidence in arbitration that was not presented previously to the other party within two (2) weeks of the date of the arbitration hearing. If prior to the arbitration hearing either of the parties discovers new evidence not previously disclosed, 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.
d. 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, court reporter, or stenographer if requested by the arbitrator and the transcript of the hearing furnished to the arbitrator shall be paid by the losing party who shall be designated by the arbitrator. Each party shall be responsible for all costs of presenting their position to the arbitrator. All meetings and hearings under this procedure shall be kept informal and pri...
Step 5. (a) If the grievance is not resolved at Step 4 it shall be so noted on the grievance form and delivered to the Superintendent, within thirty (30) calendar days following answer at Step 4, with a written request that the grievance be submitted to arbitration. If the parties cannot agree on the selection of an arbitrator within five (5) school days after such request, the Association shall, within the following five (5) school days, file a request for arbitration in accordance with the American Arbitration Association rules and procedures.
(b) The arbitration proceedings shall be conducted in accordance with the American Arbitration Association Rules. The arbitrator shall have authority and jurisdiction only to interpret and apply the provisions of this Agreement insofar as shall be necessary to the determination of the merits of such grievance, but shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement. The arbitrator shall have no authority to consider or adjust any grievance not presented within the time limits above provided. Arbitrators shall have no authority to substitute their judgment for that of the Board as to the reasonableness of any practice, policy, rule, or other action taken by the Board, provided such practice, policy, rule or action is not contrary to the express terms of this Agreement. Any Board decision concerning non renewal, dismissal, or other matters covered by the Teachers’ Tenure Act for probationary teachers shall not be grievable or arbitrable under this Agreement. Subject to the limitations herein specified, the decision of the arbitrator shall be final and binding.
(c) The expenses for the arbitrator shall be shared equally between the District and the Association. Section 3 - Time Limits - Written Waiver/Extension Any grievance not answered by the District within the time limits provided above may be appealed to the next step of the Grievance Procedure. Time requirements may be waived or extended by agreement of the parties, confirmed in writing.
Step 5. If the grievance remains unresolved following the decision of the City Manager or designee the UNION may submit said grievance to arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association or another mutually agreed third party, such action to be filed within twenty (20) calendar days following the decision of the City Manager or designee. If the UNION fails to submit said grievance to arbitration, the grievance shall be deemed abandoned and no further action shall be taken with respect to such grievance.
Step 5. An appeal of the decision of the Police Chief or duly appointed interim Police Chief or appeal of any disciplinary action may be made, in writing, to the HR Director by the aggrieved member, or BPOA within ten (10) working days, excluding absences, after receipt of the Police Chief's or duly appointed interim Police Chief’s decision. The written appeal must specify the reason(s) why the Police Chief's or duly appointed interim Police Chief’s decision is unsatisfactory. Appeals to the HR Director on disciplinary matters may only be made on the basis of whether the investigative process was fair and complete, and on whether the discipline was appropriate, given the findings. If an administrative hearing is held, it is only for the purpose of hearing from the employee and his/her representative and the Police Chief or duly appointed interim Police Chief and his/her representative on the grounds why the Police Chief’s decision is unsatisfactory. The HR Director shall review the matter, including any statements made during the administrative hearing. The HR Director's decision, shall be rendered, in writing, which shall specify the reason(s) for the disposition to the employee within ten (10) working days, excluding absences, following the date the appeal was received or any hearing was held. If the HR Director is unable to review the grievance, a mutually acceptable designee may be named. That designee will normally be a Deputy City Manager or a City Department Head and will have full authority, equivalent to that of the HR Director, for this step of the grievance.
Step 5. If the employee (through the Union) continues to dispute the decision of the City Manager, the employee (through the Union) shall, within fifteen (15) working days of the City Manager's decision, request that the matter be referred to a Mediator appointed by the California State Mediation/Conciliation Service, who shall render an advisory opinion on the merits of the grievance to the City Manager. The City Manager may accept, modify or reject the advisory opinion of the Mediator. The City Manager's decision shall be final.
Step 5. If the grievance remains unresolved, either party may, within fifteen (15) calendar days after the reply of the City Manager is due, by written notice to the other, request a hearing before an arbitrator whose decision shall be final and binding on the parties.
Step 5. If the grievance is not settled in Step 4, the Association may submit, within five (5) days, a notice in writing to the Superintendent that the Association is proceeding on to advisory arbitration. The parties shall attempt to select a mutually acceptable arbitrator. If no agreement can be reached within ten (10) days, they shall request the State Conciliation Services to supply a list of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. The Association reserves the right to decide whether to financially support the grievant in advisory arbitration. All other expenses shall be borne by the party incurring them.
Step 5. In the event that the grievance is still unresolved after the response from the City Manager, either party may submit the grievance within fourteen (14) calendar days to final and binding arbitration to be conducted by the American Arbitration Association in accordance with the rules of the American Arbitration Association. The parties shall share equally the arbitrator's fee and those costs imposed by the American Arbitration Association (AAA). An employee who has been disciplined and/or discharged may, at the employee's option within seven calendar days, elect to submit a grievance concerning said discharge and/or discipline, to the Civil Service Commission established under the provisions of Act 78 of 1935 as amended. An employee who selects the provisions of Act 78 shall be barred from the arbitration procedures set forth herein.
Step 5. If requesting a hearing of the Board, the hearing shall be held at the next regularly scheduled meeting of the Board, or within twenty (20) days of the receipt of the request for the hearing, whichever is later.