Step IV: Arbitration. In the event that the grievance is not resolved at Step III, the Association or the Board shall inform the other party within fifteen days of the receipt of the response of its intent to proceed to Arbitration.
Step IV: Arbitration. 21.6.1 if the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance to Arbitration. The appropriate Union representative shall notify the Municipal Employee Relations Officer or designee in writing, within ten (10) working days following receipt by the employee of the written answer at Step III.
21.6.2 Within ten (10) working days following the receipt of the notice of appeal to Step IV, a meeting shall be arranged by the Municipal Employee Relations Officer or designee with the appropriate Union representative to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. The employee may also be permitted to attend. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the arbitrator. At the beginning of the hearing referred to herein, the arbitrator shall determine what the issue, or issues, are.
21.6.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request the State of California Mediation and Conciliation Service to provide a list of seven persons qualified to act as arbitrators. Any costs associated with the mutually agreed upon joint request for a list of persons qualified to act as arbitrators from the State of California Mediation and Conciliation Service shall be divided equally between the parties. The City will process the joint request after receiving the Union’s share of the cost for obtaining the list.
21.6.4 Within ten (10) working days following receipt of the above referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternately strike one name from the list until only one (1) name remains, and that person shall be the arbitrator.
21.6.5 The parties shall meet at least ten (10) working days prior to the arbitration hearing date for the purpose of pre-arbitration settlement or narrowing issues for arbitration, discussing possible stipulations and exchanging documents intended for use at the hearing.
21.6.6 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator, if the parties have not mutually agreed upon the issue, or issues, and render a written decision and reasons for the decision as so...
Step IV: Arbitration. 15.5.1 If the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance to arbitration. The Union representative shall notify the Executive Director, in writing, within twenty (20) calendar days following receipt by the employee of the written answer at Step III.
15.5.2 Within ten (10) working days following the receipt of the notice of appeal to Step IV, a meeting shall be arranged by the Executive Director with the appropriate Union representative to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the arbitrator for determination.
15.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) to provide a list of seven (7) persons qualified to act as arbitrators.
15.5.4 Absent the parties reaching a stipulation as to an arbitrator, within five (5) working days following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one (1) name from the list until only one (1) name remains, and that person shall be the arbitrator.
15.5.5 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written opinion and reasons for the opinion as soon after the hearing as possible. The arbitrator's opinion shall be final and binding on both parties, and shall be limited to the issue, or issues, involved. Either party may elect to have representation by legal counsel for those arbitration hearings.
15.5.6 The opinion shall be sent to the Director of Human Resources and to the employee and appropriate representative of the Union.
15.5.7 The parties agree each party shall pay for the time and expenses of its representatives and witnesses and shall contribute equally to the fee and expenses of the arbitrator and arbitration hearing. The arbitration hearing will be held at a location mutually agreed upon by the parties.
15.5.8 Witnesses who are employ...
Step IV: Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days after receipt of the written reply at Step III by the Administrator or designee. Within seven (7) calendar days of the notification that the dispute is submitted for arbitration, the Union shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternate striking names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance when specifically reserved in the contract article or within the scope of the management rights language. Any disputes as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.
Step IV: Arbitration. If the Association is not satisfied with the City Manager's response at Step III- the Association may require that the grievance be referred to an impartial arbitrator, who shall be designated by mutual agreement between the Association and the City Manager. The Association must notify the City Manager in writing within ten (10) working days of receipt of the City Manager’s decision that they intend to move the grievance to arbitration. The fees and expenses of the State Mediation and Conciliation Services arbitrator and the court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentation including preparation and post-hearing briefs, if any. The Association shall provide the City with half of the cost charged by State Mediation to provide the parties with an arbitrator list no later than 30 days following notification to the City Manager that the Association wishes to advance the grievance to arbitration. Failure to timely do so shall result in a wavier of the right to advance the grievance to arbitration.
Step IV: Arbitration. If the grievance is not resolved at Step III, the Association may refer the grievance to binding arbitration within fifteen (15) working days after receipt of the reply at Step II by notifying the Superintendent in writing.
9.2.4.1 If the grievance is appealed to arbitration in timely fashion by the Association, the parties shall attempt to agree upon an arbitrator within ten (10) working days after receipt of the notice of referral. In the event the parties are unable to agree upon an arbitrator within the ten (10) day period, the parties shall immediately jointly request the American Arbitration Association to provide a panel of arbitrators for selection.
9.2.4.2 The arbitrator shall not amend, modify, nullify, ignore or add to the provisions of this Contract. The arbitrator’s authority shall be strictly limited to deciding only the issue presented in the written grievance and his/her decision must be based solely upon his/her interpretation of the meaning or application of the specific article of this Contract which has been allegedly violated.
9.2.4.3 The fees and expenses of the arbitrator, including the cost of a written official transcript if requested by both parties, shall be divided equally between the Board and the Association, provided, however, that each party shall be responsible for compensating its own representatives and witnesses. If both parties have agreed to divide the cost of the official transcript, it shall be copied “in-house” and a copy made available to each party.
Step IV: Arbitration. If the grievance is not settled at the third step, submission to arbitration must be made within ten (10) days of the last grievance period. The arbitrator shall be selected by mutual agreement of the parties. If the parties fail to agree in the first instance on a solution, the Federal Mediation and Conciliation Service shall be requested to provide a panel of arbitrators from which a selection shall be made. Hearings before the arbitrator under the preceding two sentences shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. Expenses for the arbitrator's services shall be borne equally by both parties. The decision of the arbitrator shall be binding upon the bargaining agent and the employing authority.
Step IV: Arbitration. If the decision of the Board is not satisfactory, the grievant may, with the approval of the CGSEA, request the grievance be submitted for arbitration provided that such request for arbitration is submitted within ten (10) working days of receipt of the Board’s decision. An arbitrator shall be selected in accordance with the voluntary rules and regulations of the American Arbitration Association. A hearing shall be held for the purpose of permitting each party the opportunity of presenting its case regarding the grievance. The decision of the arbitrator shall be in writing and shall be rendered within fifteen (15) working days following the conclusion of any necessary hearing(s), or the filing of post-hearing briefs, whichever is later, to the Board and the CGSEA. The decision of the arbitrator shall be final and binding upon both parties to this agreement. The arbitrator shall have no power to alter, add to, or subtract from the terms of this contract.
Step IV: Arbitration. 1. If the grievance remains unresolved after Step III, the Union may submit the grievance to Arbitration by filing a Demand for Arbitration with the American Arbitration Association no later than twenty (20) working days after receipt of the Step III answer or the date of mediation with concurrent notification thereof to be provided the Director of Labor and Employee Relations, or his/her designee. Notification to the Director of Labor and Employee Relations, or his or her designee, shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of the Union’s Demand for Arbitration, identification of the grievance, issue(s) and provisions of the Agreement involved. If a Demand for Arbitration is not filed with the Employer’s Director of Labor and Employee Relations, or his/her designee and the American Arbitration Association within the time limits set forth above, the grievance is barred from Arbitration and the Employer’s Step III disposition of the grievance shall be final.
2. The arbitration provisions of this Agreement are expressly and exclusively reserved to the Union and the Employer. No employee or group of employees shall have the right to appeal or process a grievance to the Step IV Arbitration level of the Grievance Procedure.
3. Selection of the Arbitrator and the Arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association.
4. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Union where such discretion has been retained by the Employer or the Union, nor shall he/she exercise any responsibility or function of the Employer or the Union.
5. In the event of Arbitration, the fees and approved expenses of the Arbitrator will be shared by the parties equally. Each party shall be responsible for compensating its own representatives and witnesses. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the University, the Union, and the employee or employees involved.
Step IV: Arbitration. 15.5.1 If the grievance has been properly processed through the previous steps of the procedure and not resolved, the appropriate Union representative may appeal the grievance to arbitration. The Union representative shall notify the Personnel Officer, in writing, within thirty (30) calendar days following receipt by the employee of the written answer at Step III.
15.5.2 Within fourteen (14) calendar days following the receipt of the notice of appeal to Step IV, a meeting shall be arranged by the Personnel Officer with the appropriate Union representative to prepare a joint statement of the issue, or issues, to be presented to the arbitrator. If the parties are unable to agree upon the issue, or issues, each party will prepare its statement of the issue, or issues, and jointly submit the separate statement of issue, or issues, to the arbitrator for determination.
15.5.3 The parties may mutually agree upon the selection of the arbitrator or shall jointly request the California State Mediation and Conciliation Service to provide a list of seven (7) persons qualified to act as arbitrators.
15.5.4 Absent the parties reaching a stipulation as to an arbitrator, within five (5) working days following receipt of the above-referenced list, the parties shall meet to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one (1) name from the list until only one (1) name remains, and that person shall be the arbitrator.
15.5.5 The arbitrator shall hold a hearing on the issue, or issues, submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, or issues, and render a written opinion and reasons for the opinion as soon after the hearing as possible. The conduct of the arbitration proceedings shall be governed by California Code of Civil Procedure Section 1280 et seq. Except as provided in the paragraph
