Step D. 11 If Step C fails to produce a settlement of the dispute, either the Club or the 12 City may take the dispute to arbitration upon service of written notice to 13 the other party of its intention to do so. This notice shall be served within 14 ten (10) calendar days from the conclusion of Step C. Otherwise, the right 15 of arbitration of such dispute shall be deemed waived and the grievance 16 shall be considered closed with no further appeal. 18 Section 4: Arbitration
Step D. The fourth step D consists of the quantitative content analysis including the creation of the category model via synonyms. The results of step D, i.e., CAM corpus category frequency table B (in Figure 3 and 4) together with the results of step C provide the starting point for the last step E.
Step D. If the employee is not satisfied with the solution by the Department Director, the grievance, in writing, may be presented to the City Administrator within seven (7) calendar days. The City Administrator shall attempt to resolve the matter and notify the employee in writing within fourteen (14) calendar days. If the grievance is not pursued to the next level within ten (10) workdays, it shall be presumed resolved.
Step D. In the event the two (2) parties cannot arrive at a satisfactory resolution to the grievance at Step 48 C, the parties may mutually agree to submit the grievance to mediation. Either party must notify the 1 other, in writing, within five (5) working days following the receipt of the Superintendent’s disposition of 2 their desire for mediation. The respondent shall respond, whether or not, they agree to mediation no later 3 than five (5) working days prior to the Union’s deadline for submission to arbitration or within five (5) 4 working days of receipt of the written notification, whichever is greater. 6 If the parties agree to mediation, then within five (5) working days of the agreement the parties shall 7 jointly submit a request for mediation. Both parties must agree as to where to submit the mediation 9 share any cost of mediation. Timelines contained in Section E (below) for submission of the grievance to 10 arbitration shall be held in abeyance until termination of the mediation process. If no resolution is 11 reached through mediation, the Association may proceed with the request for binding arbitration.
Step D a) If the grievance is not resolved within the said time then either party may, by written notice served on the other party together with appointment of its representative to the Arbitration Board, require the establishment of an Arbitration Board as hereinafter provided. Such notice must be given within ten (10) operational days after the date the aforesaid twenty-one (21) operational day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter. The Association and the School Division may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single Arbitrator rather than a three person Board.
b) The receiving party shall appoint one (1) member as its representative on the Arbitration Board within seven (7) operational days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within five (5) operational days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint, any party may request the Director of Mediation Services pursuant to the Labour Relations Code to make the necessary appointment.
c) The Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
d) The Arbitration Board shall not change, amend, or alter any of the terms of this agreement. All grievances or differences submitted under this agreement shall not depend on or involve an issue or contention by either party that is contrary to any provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.
e) The findings and decisions of a majority of the Arbitration Board is the award of the Arbitration Board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the Chairperson governs and it shall be deemed to be the award of the Board.
f) The Arbitration Board shall give its decision no later than fourteen
