Step Five: Binding Arbitration a. If the grievant is not satisfied with the Board’s decision, the Union shall determine whether to refer the grievance to an arbitrator. If the Union decides to refer the grievance to an arbitrator, the Union shall give written notice to the President of the Board, with copies distributed to the Superintendent and Treasurer of the Board. The written notice shall be submitted within thirty (30) calendar days after the Board’s decision under Step Four.
Step Five: Binding Arbitration. If the grievance is not satisfactorily adjusted at Step Four the grievant within ten (10) days of the conclusion of Step Four (or receipt of the response of the Board or of the failure of the Board to respond may request in writing of that the Association submit the grievance to arbitration.
Step Five: Binding Arbitration. (written) If the grievance remains unresolved at the conclusion of Step Four, it may be submitted for binding arbitration at the request of the Association, provided written notice of the demand for arbitration is delivered to the superintendent/designee within fifteen (15) working days from the date of the written decision at Step Four. The Party seeking arbitration will file a demand with the American Arbitration Association. The arbitrators will then be selected according to the rules of the American Arbitration Association. The case will be heard and presented in accordance with the rules of the American Arbitration Association. The arbitrator will hear the grievance in dispute and will render his/her decision in writing and will set forth his/her findings and conclusions with respect to the issues submitted to arbitration. POWERS OF THE ARBITRATOR It will be the function of the arbitrator, and he/she will be empowered, except as his/her powers are limited below, after one investigation, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement.
Step Five: Binding Arbitration. If the grievance is not settled in accordance with the foregoing procedure and only if it involves a claim that the City has violated this Agreement, the Union or the City may refer the grievance to binding arbitration within fifteen (15) calendar days after receipt of the City Manager’s answer in Step 4. All arbitration shall be conducted pursuant to the procedure and rules and be conducted by the Federal Mediation and Conciliation Service. The Union shall provide the City Manager with copies of any request for arbitration filed. All arbitration hearings shall be held in Riverside, Ohio unless the parties mutually agree otherwise. The arbitrator shall act in a judicial, not legislative capacity and shall have no right to amend, modify, nullify, ignore, add or to subtract from the provisions of this agreement. He shall only consider and make a decision with respect to the specific issue submitted, and shall have no authority to make a decision on any other issue not so submitted to him. In the event the arbitrator finds a violation of the terms of this Agreement, he shall fashion an appropriate remedy. The arbitrator shall submit in writing his decision within thirty (30) calendar days following the closing of the hearing. The decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. The fee and expenses of the arbitrator shall be divided equally between the City and the Union provided, however, that each party shall be responsible for compensating its own representatives and non-employee witnesses. Two or more grievances may not be jointed or consolidated for hearing by an arbitrator except upon agreement of both parties. The parties may by mutual agreement waive any steps or any of the time limits of this Article. The City is authorized to pay grievance settlements.
Step Five: Binding Arbitration. If the decision of the Fact Finding Panel at Step Four is appealed, the PARTIES WILL SELECT, FROM A LIST OF SEVEN (7) Administrative Law Judges, provided by the Office of Administrative Hearings, and Administrative Law Judge who shall conduct a hearing to hear arguments on the case from the parties to the grievance. The decision of the Administrative Law Judge shall be final. This shall be the final step of the grievance procedure. The cost of the hearing will be shared equally by CSEA and the District. CSEA members must receive permission from the Association prior to beginning Arbitration proceedings. Nothing in this section will deny the right of a CSEA member to petition the Board to hear the grievance, in lieu of the binding arbitration process.
Step Five: Binding Arbitration. A. A grievance unresolved by mediation, or not resolved to the satisfaction of the Union, may be submitted to final and binding arbitration by the Union by submitting a letter within 14 days to the City Manager requesting that the grievance be submitted to final and binding arbitration. The Union waives the right to proceed if the request is not submitted by this deadline. The grievance submitted to final and binding arbitration shall be limited to the grievance originally filed at the first step, except as amended by mutual agreement.
Step Five: Binding Arbitration. If the decision of the Fact Finding Panel at Step Four is appealed, the PARTIES WILL SELECT, FROM A LIST OF SEVEN (7) Administrative Law Judges, provided by the Office of Administrative Hearings, and Administrative Law Judge who shall conduct a hearing to hear arguments on the case from the parties to the grievance. The decision of the Administrative Law Judge shall be final. This shall be the final step of the grievance procedure. The cost of the hearing will be shared equally by CSEA and the District. CSEA and the District agree to reopen the cost sharing of Arbitration here for consideration during successor negotiations for 2016-2019. CSEA members must receive permission from the Association prior to beginning Arbitration proceedings. Nothing in this section will deny the right of a CSEA member to petition the Board to hear the grievance, in lieu of the binding arbitration process.
Step Five: Binding Arbitration. (a) If the grievant is not satisfied with the decision of the Board, he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute.
Step Five: Binding Arbitration. A. If the grievant is not satisfied with the action taken by the Superintendent in Step 4, the grievant may submit the grievance to arbitration within ten
Step Five: Binding Arbitration. If an agreement has not been reached at Step Four, the Union Business Agent may demand that the grievance be submitted to a mutually agreeable arbitrator. The demand for arbitration must be submitted, in writing, to the Assistant Vice President for Human Resources within thirty calendar days from the conclusion of the meeting at Step Four (Conciliation). If the Union and the College cannot agree upon an arbitrator, the Union Business Agent may submit the matter to the Federal Mediation and Conciliation Service (FMCS) in accordance with its rules and regulations. The conduct of the arbitration shall be under the exclusive jurisdiction and control of the arbitrator, which shall conform to applicable law. The decision of the arbitrator shall be rendered in writing and shall be final and binding on all parties. The reasonable fees and expenses of the arbitrator in conducting the arbitration shall be borne equally by the College and the Union. No arbitrator functioning under these procedures shall have any power to amend, modify, or delete any provisions of this Collective Bargaining Agreement.
