Third Stage a. If the Employee or the Union is dissatisfied with the decision at the Second Stage, the Employee or the Union may refer the matter directly to the President, or designee, by submitting a copy of the grievance and the First and Second Stage decisions, along with a request for Third Stage review, within fourteen (14) calendar days of the issue of the Second Stage decision.
b. The President or designee shall schedule a meeting with the Employee or Union within twenty-one (21) calendar days of the request for Third Stage review by the Employee. The Employee or the Union shall have the right to a conference with the President or designee within this time limit.
c. The President or designee shall provide his or her decision to the Employee and the Union in writing, within fourteen (14) calendar days following the conference discussed in 3.b. above.
Third Stage. If the grievance is not resolved satisfactorily to the Association and the grievant after the second stage, there shall be a third step of impartial binding arbitration. The Association may submit in writing, within thirty (30) days of the Superintendent's decision, a request to enter into such arbitration. The Federal Mediation and Conciliation Service will act as the administrator of the proceedings and the parties shall select an arbitrator in accordance with its rules. All expenses incurred shall be shared equally by the Board and the Association. It is understood that such expenses will be limited to the arbitrator's fee. Any legal expenses incurred should be paid for by the party engaging the legal counsel. Each party shall pay for their own expenses as they occur.
Third Stage. If the Union is not satisfied with the disposition at Stage 2, the Union may submit a written appeal to the Emergency Manager within ten (10) working days of the receipt of the written disposition by the Executive Director of Human Resources or his/her authorized representative, or in the event the Executive Director of Human Resources or his/her authorized representative fails to issue a written disposition within the time limit, within thirty (30) working days of the appeal of the grievance to Stage 3. Upon written request to the Emergency Manager the Union shall be entitled to a meeting with the Emergency Manager to discuss the grievance prior to the Emergency Manager final decision. The Emergency Manager will review the grievance, make its decision, and notify the Union at the earliest opportunity. The decision of the Emergency Manager shall be final.
Third Stage. In the event of failure to reach a settlement, the matter may be referred to arbitration within ten (10) working days in accordance with the provisions as outlined in Clause 23.11.
Third Stage. Disputes which are not resolved internally by the above procedure may, by agreement between the parties, and then the Trade Union will need to write to the Chief Executive 15 working days after the second stage meeting. With the agreement of both parties the dispute can be referred to ACAS or other independent bodies for conciliation, mediation or arbitration. The process for hearing a dispute is contained in Annex I overleaf.
Third Stage. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within the period provided in Step 2, the grievance shall, upon motion of the Association be submitted to binding arbitration before an impartial arbitrator. The Association shall serve written notice to the Superintendent of its intent to arbitrate by submitting a copy of its Request for Arbitration Panel from the Federal Mediation and Conciliation Service (FMCS) within twenty (20) days after receiving the Step 2 answer. The School Corporation recognizes the right of the Association to initiate a request for a panel submission and that FMCS is authorized to provide such panel upon such request. Following submission of a panel of arbitrators to each party by the FMCS, a representative of each party shall within five (5) days of receipt of said panel cross off the names of any arbitrators who are unacceptable and number the names of those remaining in order of preference, with one being the first choice, two being the second choice and so on down the line. Within seven (7) days of receipt of the panel from FMCS, the two representatives shall confer either in person or by telephone for the purpose of selecting the arbitrator. The arbitrators whose names have been crossed out by either party shall not be appointed. The numerical ratings of the remaining arbitrators shall be added together with the arbitrator having the lowest total numerical rating being the arbitrator who will hear the case unless that arbitrator disqualifies himself/herself. In the event an arbitrator disqualifies himself/herself, the arbitrator with the next lower total numerical rating will be requested to hear the case. This procedure shall be followed until an arbitrator is selected. The conduct of all proceedings hereunder shall be in accord with the Code of Professional Responsibility for Arbitrators of Labor-Management Disputes as adopted by the National Academy of Arbitrators, the American Arbitration Association and the FMCS. The cost of the arbitrator shall be defrayed as follows: one-half (½) by the Association and/or teacher and one-half (½) by the School Corporation. The hearing before the arbitrator shall be conducted at such times and in such manner as provided by the rules and regulations of the Federal Mediation and Conciliation Service unless otherwise modified by this Agreement or by the mutual agreement of the parties. The arbitration hearing shall be a private p...
Third Stage. If the alleged grievance is not settled by the Department Director within seven (7) calendar days, the matter shall be referred to the Chief Administrative Officer, who shall arrange for meetings with the Association within seven (7) days from receipt of such request.
Third Stage. (a) The grievant may appeal the recommendation of the Unit Head within ten (10) days after notice of such recommendation. The appeal shall be taken by submitting to the County Executive a written statement signed by the grievant.
(b) The County Executive may request the Unit Head to submit within ten (10) days a written statement of facts, including a summary of the record of the hearing, if there was a hearing, and the original or a true copy of any other record or document used by the Unit Head in making his decision.
(c) The County Executive shall hold a hearing within ten (10) days after receiving the written request for review. He shall give at least five (5) days’ notice in writing of the time and place of such hearing to the grievant, or the Grievant's representative, if any, and the Unit Head, all of whom shall be entitled to be present at the hearing.
(d) The hearing may be adjourned from time to time by the County Executive for a total of no more than ten (10) days, or by mutual consent of the parties.
(e) The County Executive shall not be bound by the formal rules of evidence.
(f) A written summary shall be kept of each hearing held and shall be provided to the Union upon request.
(g) The County Executive shall make his report in writing within ten (10) days after the close of the hearing. He shall immediately file his report and send a copy of the same to the grievant, or the Grievant's representative, if any, and the Unit Head. The report shall include a statement of the County Executive's finding of fact, conclusions and recommendations.
Third Stage. In the event of failure to reach a settlement, the matter may, within ten (10) working days, be referred to arbitration as provided by this article. An employee may not proceed to arbitration without the authorization and representation of the Union.
Third Stage. If the two parties are unable to agree at second stage, then within fifteen (15) days of receipt of an answer at second stage, the Union must take up the grievance in writing, with the President and the Human Resources Director (or their representatives). The answer to the third stage grievance must be given within ten (10) days of the meeting held to discuss the grievance at third stage.
