Step Five. If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be referred to an Arbitrator. The time periods may be extended by mutual agreement by the Company and the Union. Where a grievance arising from the discharge of an employee progresses to arbitration, either party may elect, in writing, to utilize the procedure outlined in Section 5 below as an alternative to the arbitration procedure set out in Section 4.
Step Five. An Arbitration Board shall be appointed on each occasion that a Grievance is submitted to arbitration. The Board shall be composed of three (3) members, one (1) to be appointed by Union, one (1) to be appointed by the Company. At the earliest convenience of the representatives after their appointment, they shall meet for the purpose of selecting the third member who will serve as Chairman of the Board. In the event the parties are unable to agree on a person to act as a third member (within five (5) working days), they shall jointly request the Director of Federal Mediation and Conciliation Service to submit a list of five (5) persons qualified to act as a third member. The Board shall hold such hearings and shall consider such evidence as appears necessary and proper. The decision of a majority of the members of the Board shall be final and binding on Company and Union and the aggrieved employee, if any, provided that such decision does not in any way add to, disregard, or modify any provision of this Agreement. The Company and the Union shall each bear the expense of its own representatives. The expense of the third party shall be borne equally by the Company and the Union. Either party may call any employee as a witness in any proceeding before the Arbitration Board, or if the employee is on duty, the Company agrees to release such employee from duty so that he/she may appear as a witness. If an employee is called to appear before the Board, the party calling the witness will reimburse him/her for all expenses including the time lost.
Step Five. If the grievance is not settled through Steps One, Two, Three, and Four, either party shall have the right within twenty (20) calendar days to submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment Relations Commission. The costs for the services of the arbitrator shall be borne equally by the County and the Union. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the parties incurring same.
Examples of Step Five in a sentence
Step Five If there is no satisfactory resolution at fourth step then the matter may, within thirty (30) days, be referred to an Arbitrator.
New Hires having relevant experience, education, or a combination of the two may be initially placed on higher steps up to and including Step Five on the appropriate labor grade.
Any alleged violation will not be subject to Step Five of the grievance procedure.
Step Five: Should the process indicated in Step Four fail to generate a sufficient number of Lieutenants to staff the detail overtime, the College shall be entitled to require (force- in) the most junior Officer, at the campus from which the detail overtime work 3 Relates to Article X – Overtime, Shift Differential and Call In Time.
If the total amount is equal to or less than the applicable annual pool listed in Section 28.9(c), the procedure continues at Step Five and an eligible employees shall receive reimbursement for their dependent equal to that amount calculated in Step One.
More Definitions of Step Five
Step Five. Final Offer Decision”, as set forth in Section 5.4.5 below. Concurrently with the provision of the Final Offer to Licensee, Bayer shall provide the Final Offer to the Independent Auditor (who shall be instructed not to review the Preferred Third Party Offer until, if ever, it receives written instruction to do so pursuant to Section 5.4.6).
Step Five. If the grievance is not settled at the preceding step, it may be submitted to arbitration by an impartial arbitrator by having a written notice, setting forth specifically the nature of the grievance to be arbitrated, sent to the Secretary of the Board. In the event the parties are unable to agree upon an Arbitrator within ten (10) days from the date of the appeal, the matter may be submitted to the American Arbitration Association and settled in accordance with that Association's Voluntary Labor Arbitration Rules. To the extent that the Laws of the State of Michigan permit, it is agreed that any Arbitrator's decision shall be final and binding on the Union and its members, the employee or employees involved, and the Board, and that there shall be no appeal from any Arbitrator's decision. The Union agrees to discourage any attempt of its members and will not encourage or cooperate with any of its members in any appeal to any court or Labor Board from any decision of any Arbitrator. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the Arbitrator in the same manner as other collective bargaining agreements. The function and purpose of the arbitrator is to determine disputed interpretations of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreements depends. The Arbitrator shall, therefore, not have authority, nor shall the Arbitrators consider their function to include the decision of any issue not submitted or to so interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decision which in practical or actual effect modifies, revises, detracts from or adds to any of the terms or provisions of this Agreement. Withdrawal of Cases: A grievance may be withdrawn without prejudice, and, if so withdrawn, all financial liabilities shall be canceled. If the grievance is reinstated, the financial liability shall date only from the date of reinstatement. If the grievance is not reinstated within one (1) month from the date of withdrawal, the grievance shall not be reinstated. Where one or more grievances involve a similar issue, those grievances may be withdrawn without prejudice, pending the disposition of the appeal of a representative case. In such event, the withdrawal without prejudice ...
Step Five. Within five (5) school days of the conclusion of Step Four, if the grievant or the Association wished to process the matter to arbitration, notification shall be made simultaneously to the Board and to the American Arbitration Association requesting the selection of an impartial arbitrator through the processes of the American Arbitration Association. The expenses of arbitration shall be shared equally by the parties, provided however, each party shall be responsible for the costs of any of its own witnesses or counsel. The arbitrator shall have no authority to alter, modify, add to, detach from or in any way change the specific and expressed terms of this contract or any portions of Board policy or rules incorporated therein. He/she shall have no authority to make a determination, which in any way shall limit the rights, responsibilities or authority of the Board as determined by law except insofar as this contract shall have specifically limited such authority. He/she shall specifically be bound to the conditions and specifications as set forth in the Board Rights clause of this contract. Either party may appeal his/her decision to a court of competent jurisdiction.
Step Five. The Union and the Employer will have fourteen (14) calendar days to discuss the grievance, hold meetings, and try to come to a mutually agreeable settlement. Within seven (7) calendar days after the end of the specified fourteen (14) day period, Employer will provide Union with a written statement of its position on the grievance. Step Six: If the grievance is not resolved at Step Five, the Union may submit the matter to arbitration within seven (7) calendar days from the date Union receives Employer’s statement.
Step Five. For new contract requests as defined herein, the Mayor may determine to obtain the services through the classified work force, subject to fiscal, personnel, and other applicable considerations. In the alternative, the Mayor may proceed to a Request for Proposal or other method of contracting, including a Request for Bids or a Request for Qualifications. Prior to proceeding to a Request for Proposal, all proposed contracts under Charter section 117(c) will be discussed at a monthly meeting with the Union to allow the Union to present a case that the work should be performed by Union-represented classified employees. The City and the Union agree that there is no right to impasse as a result of these monthly meetings. Also, the Union does not waive its right to engage in meet and confer on any decision by the City that involves a transfer of bargaining unit work. Step Six: Following completion of the Request for Proposal, if the Mayor determines to proceed with the contract, the Mayor shall seek an advisory opinion from the Managed Competition Independent Review Board. Step Seven: The Human Resources Department provides notice to the Union if meet and confer is legally required. Upon completion of any legally required meet and confer, the proposed contract is submitted to the City Council for approval. By mutual agreement of the City and the Union, the process will continue either as initially implemented or with mutually accepted modifications.
Step Five. If a dispute over the correct interpretation or application of this Agreement remains unresolved after being timely processed through the preceding steps, it shall proceed to binding arbitration if either party so requests by written notice to the other party within forty-five (45) calendar days after the date of the response of the Commissioner of the Department of Administration required under Step Four. Such request shall specify which Rule or Rules are alleged to have been violated.
Step Five. The Union or Employer may request advisory arbitration by written notice to the other party no later than thirty (30) work days following the Director’s answer in Step Three, whether or not mediation has been initiated. If a timely request for arbitration has been filed, the parties shall within fifteen (15) workdays select an arbitrator from the following list. The parties will alternate striking one name from the following list until one name remains with the sequence of striking determined by a coin toss. The list shall consist of the following: