Step Three a. If the grievance is not resolved within ten (10) working days of the referral to Step Two in Article A.
Step Three. In the event that a resolution of the grievance, satisfactory to the Union and the Employer, does not result at Step Two, either the Union or the Employer may advance the grievance to the next step. The next step involves a selection from the following alternatives:
1) the optional grievance procedure provided for in 20.13;
2) a single Arbitrator;
3) a full arbitration;
4) use the Fast Track Mediation/Arbitration Process in Article 20.14.
Step Three. The Union Committee and the Committee on Labour Relations, or its delegate, shall meet within twenty-one (21) calendar days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the other a statement of facts and copies of all relevant documents. The findings or decisions of the Committee on Labour Relations shall be presented to the Union in writing within seven (7) calendar days of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Article 11 within thirty (30) calendar days.
Step Three. If the grievance is not resolved at Step Two it shall be submitted to the Department of Faculty Relations within seventeen calendar days of the date of the Step Two reply. The Department of Faculty Relations or its 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 Three. In the event that the Division Head does not provide redress satisfactory to Local 79 it may within ten (10) working days after the receipt of the written decision of the Division Head, forward copies of the grievance and the written decision as provided for in Step Two to the Director of Employee and Labour Relations. Upon receipt of such copies, the Director of Employee and Labour Relations shall confer with the Representative of Local 79 within twenty (20) working days after receipt of the grievance at Step Three. The Director of Employee and Labour Relations shall advise Local 79 in writing within ten (10) working days after the said conference of his/her decision in respect to the grievance. The City will grant paid leave of absence to the grievor to attend his/her Step Three grievance meeting(s).
Step Three. DISCIPLINE MEETING
Step Three. If the grievance is not resolved in Step Two, it may be appealed to the Board by the Association’s designated representative within five (5) work days after the receipt of the Step Two answer or within five (5) work days of due date of the written answer in Step Two. Such appeal shall be in writing and delivered to the President or the Secretary of the Board, with a copy to the superintendent, and shall state the reasons for the Appeal and shall be accompanied by copies of the grievance chain (grievance, attachments, answers). The Board, at the next regular meeting following receipt of the grievance by the Secretary of the Board, will consider the grievance and will give its answer in writing within seven (7) work days after the date of such regular meeting.
Step Three.
a. The Union's representative and the designated representative of the City will meet to hear a grievance appealed to the third step. Grievances of a general nature pertaining to matters not normally decided by Shop or Unit supervisory personnel may be presented directly to the third step.
b. Grievances appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure.
c. A written answer will be made within fourteen (14) calendar days after the hearing, stating the City's position.
Step Three. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting.
Step Three. If the grievant is not satisfied with the disposition at Step Two and wishes to proceed with his/her grievance, he/she may secure approval of the Association’s Grievance Committee to appeal to arbitration. Within five (5) days of the receipt of the written decision at Step Two, the Association may request that the grievance be referred to a disinterested third party for arbitration. Such request shall be in writing. Not later than ten (10) days after such notice is given, representatives of the Board of Education and the Association shall meet to select the third party; if unable to agree, either party or the parties jointly shall petition in writing to the Federal Mediation and Conciliation Service to provide a list of seven (7) names. An arbitrator shall be selected in accordance with FMCS rules. The person so selected shall hold the necessary hearings promptly and issue his/her findings and recommendation in writing. Decisions of the arbitrator shall be binding on both parties. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Collective Bargaining Agreement, nor add to detract from or modify the language therein arriving at his/her decision concerning any issue presented that is proper within the limitations expressed herein. Nor shall the arbitrator have the authority to rule contrary to the law of the State of Ohio unless provided to the contrary by ORC 4117. The arbitrator shall expressly confine himself/herself to the precise issues(s) submitted for arbitration and shall have no authority to decide any other issue(s) not so submitted to him/her or to submit observation of opinion which are not directly essential in reaching his/her decision. The arbitrator shall not interfere with management prerogatives involving the Board’s discretion, nor limit or interfere in any way with the powers, duties and responsibilities of the Board under its policies, applicable law, including ORC 4117.08, and rules and regulations having the force and effect of law except where limited or restricted by the terms of the Contract. The cost for arbitration shall be paid by the loser.
