Step Four. If the decision of the President/Superintendent is not satisfactory to the grievant or no decision is rendered, CRFO may, within fifteen days of receipt of the notification of the decision, submit a request for arbitration. The grievance, including but not limited to disputes over procedural or substantive arbitrability, shall then be submitted to an arbitrator for advisory determination.
9.4.4.1 Within five days of receiving the request for arbitration, CRFO and the District will first attempt to agree upon an arbitrator. If no agreement is reached, the parties shall request the State Conciliation Service to supply a panel of seven names of persons experienced in hearing grievances in public education. Each party will alternately strike a name until only one name remains. That person will be the arbitrator. The order of striking will be by lot. Upon mutual agreement, the list of arbitrators may be obtained from the American Arbitration Association.
9.4.4.2 CRFO and the District shall each bear their own costs associated with representation at any step in the grievance procedure, except for the costs of the arbitrator. CRFO and the District shall share equally the costs of the arbitrator’s fees and expenses and any costs for a court reporter and transcript.
9.4.4.3 As soon as possible after the arbitrator’s selection, the arbitrator shall conduct a hearing into the matter and render written findings of fact and conclusions on all the issues submitted. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers at each step. After the hearing both parties will have an opportunity to submit written briefs.
9.4.4.4 The arbitrator will have no power to alter, amend, add to, subtract from, or disregard any of the terms of this agreement but will recommend only if there has been a violation of this agreement. The arbitrator will be without power or authority to make any recommendation that requires the commission of an act prohibited by law or that violates the terms of this agreement.
9.4.4.5 The findings of fact and the recommendation of the arbitrator will be advisory to the Board of Trustees, which will make the final determination. Upon review of the record, if the Board of Trustees is unable to render a final determination on the record, the Board may reopen the record for the taking of additional evidence and may adopt its own written findings of fact and conclusi...
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. Within ten (10) workdays after receiving the decision of the Employer a grievant may make a written request to the Association to take the grievance to arbitration. If within ten (10) days the Association agrees to take the grievance to arbitration, the Association and Employer shall mutually select an arbitrator. If agreement cannot be reached on a mutually acceptable arbitrator within ten (10) days, the Employer and the Association shall jointly request that the American Arbitration Association or the State Conciliation Service supply a listing of five (5) names. Each party shall strike two (2) names from the list in alternative order. The determination of which party shall strike a name first shall be determined by lot. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement.
(1) The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation of this Agreement as complained of by the grievant.
(2) The arbitrator shall have no power to establish salary structures or change any salary.
(3) The arbitrator shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action pursuant to such practice, policy, or rule.
(4) The arbitrator shall not consider any issue raised by the grievant unless it was known by the Employer in an earlier step of this Grievance Procedure.
(5) The arbitrator shall have no power to recommend or resolve any of the following:
(a) The termination of services or any other disciplinary action or failure to reemploy any member of the Unit.
(b) Any matter involving the content of the evaluation.
(6) The standard of review for the arbitrator is whether there has been a violation of the expressed terms of this Agreement.
(7) The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties.
(8) The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without powe...
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 a. If a grievance pertaining to an alleged violation of the specific terms of this agreement is not resolved to the satisfaction of the grievant at Level Three, the Association may submit the grievance to advisory arbitration within thirty (30) days after receipt of the decision at Level Three, according to the procedure in (b) of this section.
b. Any dispute to be decided by advisory arbitration shall be decided in accordance with the labor arbitration rules of the American Arbitration Association (AAA) in effect on the day of the demand for advisory arbitration, provided the arbitrator shall be prohibited from changing any language of this agreement or awarding any relief greater than that sought. Expedited AAA rules may be used upon mutual agreement of the Board and Association. The decision of the arbitrator shall be advisory on both parties. The cost of services of the arbitrator, including per diem expenses and all other mutually incurred costs, shall be borne equally by the Association and the Board. All other expenses shall be borne by the party incurring them. An arbitrator who is not from AAA may be mutually agreed to.
c. Within thirty (30) days after the arbitrator has submitted his or her decision, the Board shall reconsider its decision and shall render a final determination of the grievance. Failure at any step of this procedure to communicate the decision on a grievance within the specified time shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the time specified shall be deemed to be acceptance of the decision rendered at that step. The time limits specified in any step of this procedure may be extended, in any specific instance, by mutual written agreement. The Board and administration, and the member and his/her counsel, will cooperate in the investigation of any grievance. The Board and/or administration will furnish information that is relevant to the grievance being considered upon request by the member or his/her counsel. The member and/or his/her counsel will furnish information that is relevant to the grievance being considered upon request by the Board or the administration. Should a conference or hearing be held under the grievance procedure, that requires a member and/or the member’s counsel and/or witnesses to be absent from their regular assignments, they shall be released without loss of pay or benefits. Should a large number of witnesses ...
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.
b. Within thirty (30) days of the Board President’s receipt of the notification, the Board of School Trustees may hold a hearing on the grievance at a regular or special meeting. At this hearing, the Board of School Trustees may not consider any allegation, information, remedy, or evidence which has not been previously disclosed as part of the grievance procedure.
c. At the earliest opportunity following the hearing, the Board of School Trustees will take final action at a public meeting to decide the matter. The Board of School Trustees will provide the Teacher with written notice of its decision within five (5) days of having taken such final action. The decision of the Board of School Trustees shall be final.
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. 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.
