Common use of Third Level - Advisory Arbitration Clause in Contracts

Third Level - Advisory Arbitration. a. To activate advisory arbitration, the grievant and/or Association must, within ten (10) working days, present the grievance in writing to the Personnel Manager for further processing. Failure of the grievant to take this action will constitute a waiver and bar to further processing of the grievance. b. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of 5 days or more without pay. All other grievances shall bypass Step Three of the grievance procedures and advance to Step Four. c. The Personnel Manager and the employee shall request a list of five arbitrators from the California State Mediation and Conciliation Service or the American Arbitration Association. d. An arbitrator shall be selected by the following procedure: A representative of the Association, or the grievant, if not represented by the Association, and the City's representative shall select the arbitrator from the list by eliminating names until one name remains. The one remaining name shall be the arbitrator. All grievances reaching the arbitration level shall be numbered consecutively during the current fiscal year. The odd-numbered grievances will give the grievant first elimination; the even-numbered grievances will give the City first elimination. e. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The technical rules of evidence shall not apply during the arbitration hearing and as such, hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. f. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not question or entertain any grievance in which employees have not adhered to such time limits. g. Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the Department, scheduling of time for each employee to testify at arbitration shall be in such a manner so that normal operations are not disrupted. The grievant must submit at least five working days prior to the scheduled arbitration hearing date a list of employees and estimated time that their testimonies will take, as well as the date of the hearing, to the Personnel Manager, with a copy to the Department Head. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and/or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. Witnesses will be assured that their testimony will be kept confidential. h. Within thirty (30) working days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).

Third Level - Advisory Arbitration. a. To activate advisory arbitration, the grievant and/or Association must, within ten (10) working daysthe time period specified above, present the grievance in writing to the Personnel Manager for further processing. Failure of the grievant to take this action will constitute a waiver and bar to further processing of the grievance. b. The scope of advisory arbitration of grievances shall be limited to discharges, demotions, or reduction in pay, or suspensions of 5 three (3) days or more without pay. The grievant may waive the right to go to advisory arbitration and instead go directly to the Fourth Level (City Manager). All other grievances shall bypass Step Three the Third Level of the grievance procedures and advance to Step FourFourth Level. c. The Personnel Manager and the employee grievant shall request a list of five arbitrators from the California State Mediation and Conciliation Service or the American Arbitration AssociationService. d. An arbitrator shall be selected by the following procedure: A representative of the Association, Association or the grievant, if not represented by the Association, and the City's representative shall select the arbitrator from the California State Conciliation Service list by eliminating names until one name remains. The one remaining name shall be the arbitrator. All grievances reaching the arbitration level shall be numbered consecutively during the current fiscal year. The odd-numbered grievances will give the grievant first elimination; the even-numbered grievances will give the City first elimination. e. Once the arbitrator has been selected, hearings shall commence at the convenience of the arbitrator. The technical rules of evidence shall not apply during the arbitration hearing and as such, hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actionshearing. f. The arbitrator shall be strictly bound by the time limits set forth in the grievance procedure and shall not question or entertain any grievance in which employees have the grievant has not adhered to such time limits. g. Employees called as witnesses shall be scheduled to be released from duty to testify at the hearings. The parties recognize that due to the essential nature of the services performed by the Department, scheduling of time for each employee to testify at arbitration shall be in such a manner so that normal operations are not disrupted. The grievant must submit at least five working days prior to the scheduled arbitration hearing date a list of employees and estimated time that their testimonies will take, as well as the date of the hearing, to the Personnel Manager, with a copy to the Department Head. Police Chief. h. The jurisdiction of the arbitrator shall be confined to a determination of the facts and the interpretation of the provisions of the Memorandum of Understanding and/or the Personnel Rules and Regulations. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. Witnesses will be assured that their testimony will be kept confidential. h. I. Within thirty (30) working days after the conclusion of the hearing, the arbitrator shall render an advisory decision in writing to the parties (including the City Manager).