Step Four. If the Union and the Company cannot reach a settlement, either party may, within five (5) working days of receiving the reply at Step Three, submit the grievance to arbitration.
Step Four. If the grievance is not resolved at Step Three, the Grievance Committee shall submit the grievance to the Executive Director, Faculty Relations within seventeen calendar days of the date of the Step Three reply. The Executive Director, Faculty Relations or their designated representative shall convene a meeting to discuss the grievance within fourteen calendar days of receipt of the grievance and shall give their reply, in writing, within twenty-one calendar days of that meeting.
Step Four. If a grievance is not resolved in the third step, the fourth step shall be referral by the Association to mediation within ten (10) work days of the answer in Step Three. Whenever a grievance is referred to mediation, either party shall request that the California State Mediation and Conciliation Service refer a State Mediator. The State Mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to Step Five shall not occur until the Mediator has released the parties from the mediation process.
Step Four. The final step of the grievance procedure shall be full arbitration as provided herein, unless the parties have previously agreed to be bound by the recommendations of an officer appointed by the Labour Relations Board, or by the recommendations of the investigator under the optional grievance procedure.
Step Four. Arbitration
Step Four a. If the parties cannot agree to a resolution of the grievance through mediation, the Teacher may notify the President of the Board of School Trustees in writing within ten (10) days from the date of receipt of the mediator’s recommendations of the intent to submit the matter to the Board of School Trustees.
Step Four. In the event the grievance is not resolved by the procedure 3 outlined in (C) (2) above, the Association may refer the grievance to binding arbitration 4 through written notice to the Hospital within fourteen (14) calendar days of the answer of 5 the Hospital President. 6 7 Within fourteen (14) calendar days following receipt of the Association’s notice of intent to 8 arbitrate, the parties shall meet to try to mutually agree upon the selection of an arbitrator. If 9 the parties cannot agree upon the selection of an arbitrator within the fourteen (14) day 10 period, the parties agree to select an arbitration from a list of seven submitted by the 11 Federal Mediation and Conciliation Service from among those on its panel of arbitrators 12 who are also members of the American Arbitration Association. A selection from the list 13 shall be made within five days of receipt of the list.
Step Four. If the step three answer is not acceptable to the Association or the step three time limits expire without the issuance of a written reply, the Association may appeal the grievance to final and binding arbitration by giving written notice of such appeal within twenty (20) days after receipt of the step three answer or expiration of the time limit for the step three answer. If the Employer and the Association cannot agree upon an arbitrator within seven (7) days after the Association files such appeal, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Either party may reject the first panel of arbitrators by giving the other party written notice of such rejection. Upon receipt of an acceptable panel of arbitrators, the parties shall meet at a mutually agreed time, and each party shall alternately strike one (1) name from the panel until only one (1) name remains, who shall be the arbitrator for the given grievance. The first party to strike a name shall be determined by coin flip. Such arbitrator shall be under and in conformance with the “Voluntary Labor Arbitration Rules” of the American Arbitration Association; provided, however, if the parties mutually agree, such arbitration may be conducted under the “Expedited Labor Arbitration Rules” of such Association.
Step Four. If the grievant is not satisfied with the disposition of the grievance at Step Three, or if no written decision has been rendered within ten (10) working days after the meeting of the Governing Board at which the grievance was heard, AEA may, within ten (10) working days after the decision by the Governing Board, request in writing that the grievance be submitted to binding arbitration. If any questions arise as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) working days of the submission of the grievance to arbitration, the arbitrator shall be selected from a list, submitted by the California Conciliation Service of five (5) persons experienced in public education. If the parties cannot agree on an arbitrator from the list, each party shall alternately strike names until only one remains. The arbitrator shall have no authority or power to add, delete, or alter any provisions of the Agreement, but shall limit the decision to the application and interpretation of its provision. The arbitrator’s decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The decision of the arbitrator shall be submitted to the grievant, the Governing Board, the Assistant Superintendent, Human Resources, and the Association.
Step Four. A. Any appeal of a decision rendered by the superintendent shall be presented to the Board of Education within five (5) working days and the Board shall meet with a business representative of the Union at a time mutually agreeable to them. The appeal shall be in writing and state the reason, or reasons, why the decision of the superintendent was not satisfactory.
