STEP V. If the employee is dissatisfied with the decision of the City Manager, they may appeal, in writing, to the Grievance Committee. An employee appeal must be submitted on the approved form within five days of their receipt of the decision of the City Manager.
STEP V. Upon satisfactory completion of one year’s service at Step IV as evidenced by a performance evaluation with an overall rating of “Good Work” or above, the straight time rate of pay shall be as shown on the pay schedule.
STEP V. If the grievance remains unresolved at the conclusion of Step IV, or if the grievance is not mediated, it may be submitted to arbitration by either party, provided written notice of the intent to proceed to arbitration is delivered to the Employer or the Union within ten
STEP V. If the Step Four answer is not satisfactory, and the grievance does not concern clinical issues, the parties may call in a mediator to attempt to resolve the dispute. The mediator shall have no authority to bind the parties to any settlement or to add to, subtract from, modify, change or alter any of the provisions of this Agreement. A party desiring mediation at this stage must make its request to the other party within seven (7) days of the step IV response. The party receiving a request to mediate must respond to such request within seven (7) calendar days of its receipt or the request shall be deemed rejected.
STEP V. If the Union is not satisfied with the disposition of the grievance at the preceding level, or if no disposition has been made within the period above, provided, the grievance, only at the option of the Union, shall be submitted before an impartial arbitrator. The Union shall exercise the right to arbitration by giving the Superintendent or designee written notice. If the parties cannot agree as to the arbitrator within five (5) calendar days from the notification date, that arbitration shall be pursued. The arbitrator shall be selected by the Federal Mediation and Conciliation Service (FMCS), in accordance with its rules, which rules shall likewise govern the arbitration proceeding. The District and the Union shall not be permitted to assert in any such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The decision of the arbitrator shall be final and binding upon both parties. The arbitrator shall have no authority to amend, change, alter, or otherwise modify the Labor Agreement between the parties. Likewise, the arbitrator shall have no authority to substitute his/her judgment for that of one of the parties where the Labor Agreement expressly grants discretionary authority to one of the parties. Should the arbitrator find a judgment was made by one of the parties in an arbitrary, capricious, or illegally discriminatory manner, the arbitrator has the authority to order the party to reconsider its judgment to correct the abuse of discretion so found. All costs incurred in the arbitration process shall be paid by the losing party. If partial relief is specified for one or both parties, the arbitrator shall make an award allocating cost.
STEP V. Submit the grievance to arbitration as provided in Section 23 of this Agreement within thirty (30) days of the expiration of the twentyfive (25) day period of Step IV (b).
STEP V. 071 Within thirty (30) working days after receiving the decision of the Board and assuming no satisfaction or if no decision is rendered within the time limits, a written notice to continue the process must be submitted to both the Board President and the Superintendent. The grievance may then be submitted to arbitration before an impartial arbitrator. If the parties cannot agree as to the arbitrator within fifteen (15) working days, the arbitrator shall be selected by the Federal Mediation and Conciliation Service (FMCS) in accordance with its rules. The arbitrator will be selected from a list of names provided by the FMCS. Within fifteen (15) working days of receiving said list, the parties shall communicate and alternately reject until an arbitrator is chosen. Each of the parties, however, may within fifteen (15) working days of receiving said list reject the total list received. Only one list, however, may be rejected by the rejecting party and that party must accept a subsequent list supplied by the FMCS. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Contract. The arbitrator is specifically prohibited from making any decision contrary to law. The arbitrator in his/her decision shall not substitute his/her judgment for that of the Administration in carrying out its duties. Both parties agree that the award of the arbitrator shall be binding. The fees and expenses of the arbitrator shall be borne by the losing party as determined by the arbitrator. Any other costs shall be the responsibility of the party incurring those costs. The time limits provided in this article shall be strictly observed and may be extended only by written agreement of the parties.
STEP V. 1 . In the event the Forum is not satisfied with the disposition of the grievance at Step III, they may, within twenty (20) days of receipt of the disposition, submit to arbitration by serving a written request for arbitration to the Chief Human Resources Officer, with a copy to the College President. Alternatively, in the event that Step IV (mediation) was elected, the Faculty Forum may, within twenty (20) days of receipt of the notice of termination of mediation, submit to arbitration by serving a written request for arbitration to the Chief Human Resources Officer, with a copy to the College President. In matters involving contract language interpretation, the College may submit such matters to arbitration by serving a written request for arbitration to the Faculty Forum Presi- dent within fifteen (15) days of meeting with the Forum and failing to come to an agreement.
2 . Beginning with the 2015 Fall semester, the parties have agreed to utilize a permanent arbitrator panel which shall be maintained by the parties. Only arbitrators acceptable to both parties shall be placed on the list.
STEP V. 1. In the event the Forum is not satisfied with the disposition of the grievance at Step III, they may, within twenty (20) days of receipt of the disposition, submit to arbitration by serving a written request for arbitration to the Chief Human Resources Officer, with a copy to the College President. Alternatively, in the event that Step IV (mediation) was elected, the Faculty Forum may, within twenty (20) days of receipt of the notice of termination of mediation, submit to arbitration by serving a written request for arbitration to the Chief Human Resources Officer, with a copy to the College President. In matters involving contract language interpretation, the College may submit such matters to arbitration by serving a written request for arbitration to the Faculty Forum Presi- dent within fifteen (15) days of meeting with the Forum and failing to come to an agreement.
2. Beginning with the 2015 Fall semester, the parties have agreed to utilize a permanent arbitrator panel which shall be maintained by the parties. Only arbitrators acceptable to both parties shall be placed on the list.
3. The arbitrator panel established shall be composed of the following arbitrators: Xxxx Xxxxxxx Xxxxx Van Dagens Xxxxxxxx Xxxxxxxxx Xxxxx Xxxxxx Xxxxxx XxXxxxxxx Xxx Xxxxxx
4. An arbitrator shall be assigned an arbitration in the order that the names appear on the list, on a rotating basis. If a panel arbitrator is unable to arbitrate a grievance, the next panel arbitrator shall be assigned. If an arbitrator is assigned a case which is resolved before hearing the case, that arbitrator has served their turn and the next arbitration will be assigned to the next arbitrator on the list.
5. Within five (5) days of the referral to arbitration, the College and the Forum shall jointly submit notification to the arbitrator. The arbitrator shall conduct the arbitration hearing and other related matters in accordance with the rules and regulations of the American Arbitration Association.
6. Either party may remove no more than one (1) arbitrator from the panel during any twelve (12) month period by giving ten (10) days’ written notice to the other party. The other party will then select a replacement from their list of alternates (see Memorandum of Understanding). Once a case is assigned, an arbitrator may not be removed from the panel until the case has been disposed of. In the event a panel arbitrator becomes unable to arbitrate grievances, their slot on the panel will remain vaca...
STEP V. 9 If no settlement has been reached within the thirty (30) business days referred to in the preceding 10 subsection, and if the grievant has not elected to appeal to the Board as provided in Step IV, the 11 Association may appeal to binding arbitration if the Association believes the grievance to be valid.
