Common use of Step Five – Arbitration Clause in Contracts

Step Five – Arbitration. (1) If the grievant is not satisfied with the disposition of the grievance at Step 4, the Union may submit the grievance to advisory arbitration. The Union, and only the Union may elect to submit the grievance to advisory arbitration and shall notify the City in writing within 15 working days after receipt of the Step 4 decision. (2) In the event the parties are unable mutually to agree upon an arbitrator, they shall request that the panel of seven (7) names be submitted to both parties by the California State Conciliation Service. Upon receipt of the list of names, the parties shall alternately delete names from the list until only one remains, and said last name shall be selected as the arbitrator. (3) The arbitrator’s recommendation shall be advisory only, subject to the provisions below, and shall be in writing and shall set forth the arbitrator’s finding of fact, reasoning, conclusions and recommended remedy, if any. The arbitrator’s authority shall be limited to deciding the issues submitted by the parties; and the arbitrator shall have no power or authority to add to, subtract from, alter, delete, amend or modify the terms of this Agreement or the written policies, rules, regulations, procedures, ordinances, and/or resolutions of the City. (4) All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing room will be borne equally by the City and the Union. If the parties agree to request a stenographic transcript of the hearing, then the cost of said transcript should also be borne equally by the City and the Union. All other costs will be borne by the party incurring them. (5) Arbitrator’s recommendation shall be in the form of a recommendation to the City Council. However, if the City Council declines to review the arbitrator’s recommendations, the recommendation shall be binding upon both the City and the Union. (6) If the City Council decides to review the arbitrator’s recommendations, it must undertake such review no later than the second regularly scheduled Council meeting following issuance of the recommendation. At a minimum, such review shall include a review of the hearing record and briefs submitted by the respective parties. The Council may, if it deems appropriate, permit oral arguments by representatives of the parties as well as asking for additional written or oral evidence. In the event of such request, the presentation of argument and/or evidence must be in the presence of both parties. Within thirty (30) working days after receiving the record, the City Council shall render a decision on the matter, which decision shall be final and binding on all parties subject to the following provision: In order to reject the advisory arbitrator’s recommendations, the City Council’s vote must be by a margin of four to one or better. If the Council does not render such a decision within the specified time limits, then it shall be deemed to have adopted the arbitrator’s recommendations. (7) If the City Council rejects the advisory arbitrator’s recommendation, then the City will pay the entire cost for the services of the arbitrator, including per diem expenses, travel, and subsistence expenses. The City will also pay one-half of related court reporting services, when requested by the Union.

Step Five – Arbitration. (1) If the grievant is not satisfied with the disposition of the grievance at Step 4, the grievant may request that the Union may submit the grievance to advisory arbitration. The Union, and only the Union may elect to submit the grievance to advisory arbitration and shall notify the City in writing within 15 working days after receipt of the Step 4 decision. (2) In the event the parties are unable mutually to agree upon an arbitrator, they shall request that the panel of seven (7) names be submitted to both parties by the California State Conciliation Service. Upon receipt of the list of names, the parties shall alternately delete names from the list until only one remains, and said last name shall be selected as the arbitrator. (3) The arbitrator’s recommendation shall be advisory only, subject to the provisions below, and shall be in writing and shall set forth the arbitrator’s finding of fact, reasoning, conclusions and recommended remedy, if any. The arbitrator’s authority shall be limited to deciding the issues submitted by the parties; and the arbitrator shall have no power or authority to add to, subtract from, alter, delete, amend or modify the terms of this Agreement or the written policies, rules, regulations, procedures, ordinances, and/or resolutions of the City. (4) All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing room will be borne equally by the City and the Union. If the parties agree to request a stenographic transcript of the hearing, then the cost of said transcript should also be borne equally by the City and the Union. All other costs will be borne by the party incurring them. (5) Arbitrator’s recommendation shall be in the form of a recommendation to the City Council. However, if the City Council declines to review the arbitrator’s recommendations, the recommendation shall be binding upon both the City and the Union. (6) If the City Council decides to review the arbitrator’s recommendations, it must undertake such review no later than the second regularly scheduled Council meeting following issuance of the recommendation. At a minimum, such review shall include a review of the hearing record and briefs submitted by the respective parties. The Council may, if it deems appropriate, permit oral arguments by representatives of the parties as well as asking for additional written or oral evidence. In the event of such request, the presentation of argument and/or evidence must be in the presence of both parties. Within thirty (30) working days after receiving the record, the City Council shall render a decision on the matter, which decision shall be final and binding on all parties subject to the following provision: In order to reject the advisory arbitrator’s recommendations, the City Council’s vote must be by a margin of four to one or better. If the Council does not render such a decision within the specified time limits, then it shall be deemed to have adopted the arbitrator’s recommendations. (7) If the City Council rejects the advisory arbitrator’s recommendation, then the City will pay the entire cost for the services of the arbitrator, including per diem expenses, travel, and subsistence expenses. The City will also pay one-half of related court reporting services, when requested by the Union.

Step Five – Arbitration. (1) If the grievant is not satisfied with the disposition of the grievance at Step 4, the grievant may request that the Union may submit the grievance to advisory arbitration. The Union, and only the Union may elect to submit the grievance to advisory arbitration and shall notify the City in writing within 15 working days after receipt of the Step 4 decision. (2) In the event the parties are unable mutually to agree upon an arbitrator, they shall request that the panel of seven (7) names be submitted to both parties by the California State Conciliation Service. Upon receipt of the list of names, the parties shall alternately delete names from the list until only one remains, and said last name shall be selected as the arbitrator. (3) The arbitrator’s recommendation shall be advisory only, subject to the provisions below, and shall be in writing and shall set forth the arbitrator’s finding of fact, reasoning, conclusions and recommended remedy, if any. The arbitrator’s authority shall be limited to deciding the issues submitted by the parties; and the arbitrator shall have no power or authority to add to, subtract from, alter, delete, amend or modify the terms of this Agreement or the written policies, rules, regulations, procedures, ordinances, and/or resolutions of the City. (4) All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing room will be borne equally by the City and the Union. If the parties agree to request a stenographic transcript of the hearing, then the cost of said transcript should also be borne equally by the City and the Union. All other costs will be borne by the party incurring them. (5) Arbitrator’s recommendation shall be in the form of a recommendation to the City Council. However, if the City Council declines to review the arbitrator’s recommendations, the recommendation shall be binding upon both the City and the Union. (6) If the City Council decides to review the arbitrator’s recommendations, it must undertake such review no later than the second regularly scheduled Council meeting following issuance of the recommendation. At a minimum, such review shall include a review of the hearing record and briefs submitted by the respective parties. The Council may, if it deems appropriate, permit oral arguments by representatives of the parties as well as asking for additional written or oral evidence. In the event of such request, the presentation of argument and/or evidence must be in the presence of both parties. Within thirty (30) working days after receiving the record, the City Council shall render a decision on the matter, which decision shall be final and binding on all parties subject to the following provision: In order to reject the advisory arbitrator’s recommendations, the City Council’s vote must be by a margin of four to one or better. If the Council does not render such a decision within the specified time limits, then it shall be deemed to have adopted the arbitrator’s recommendations. (7) If the City Council rejects the advisory arbitrator’s recommendation, then the City will pay the entire cost for the services of the arbitrator, including per diem expenses, travel, and subsistence expenses. The City will also pay one-half of related court reporting services, when requested by the Union.