Fourth Step Clause Samples

Fourth Step. If the grievance is not resolved satisfactorily at step three (3), there shall be available a fourth step of binding arbitration. The Association may submit, in writing, on behalf of the Association, a request to the Superintendent within thirty (30) business days from receipt of the Step Three answer to enter into such arbitration. The arbitrator shall be selected from the American Arbitration Association in a manner as follows: The Voluntary Labor Rules of the American Arbitration Association then pertaining shall be followed in the selection of an arbitrator. The cost of the arbitrator shall be borne equally between the Association and the School Board. Should either party request a transcript of the proceedings, that party will bear the cost of the transcript. Neither party to the grievance will be permitted to assert grounds not previously asserted before the Board of Education. Each party shall be entitled to representation and witnesses. The arbitrator’s authority shall be strictly limited to deciding only the issue or issues presented to him/her in writing by the parties, and his/her decision must be based solely upon his or her interpretation of the meaning or application of the express language of the Agreement. The arbitrator shall have no power to alter, amend, modify, nullify, ignore or add to the terms or provisions of the Agreement.

Fourth Step. If the grievance is not satisfactorily resolved at the third step, the grievance shall be submitted to the Board of Education to be considered in as timely a fashion as the schedule of Board meetings and the agendas therefore permit. The aggrieved and the grievance committee may present a written brief to the Board and Superintendent and may request an oral hearing on the grievance, which will be granted at the discretion of the Board.

Fourth Step. Within seven (7) working days after receiving the City Manager’s written decision the employee may submit the grievance for consideration by either, but not both, the Personnel Board or an arbitrator, subject, in each grievance submitted to arbitration, to the execution of “An Agreement for Arbitration” signed by the employee, the employee’s representative, if any, and the City Manager.

Fourth Step. If U1 is greater than or equal to U2, a standard known resistance (Ro) is inserted between the negative side of the high voltage bus and the electrical chassis. With Ro installed, the voltage (U1') between the negative side of the high voltage bus and the electrical chassis is measured (see Figure 5). The electrical isolation (Ri) is calculated according to the following formula: Ri = Ro*Ub*(1/U1' – 1/U1) Figure 5

Fourth Step. If the answer of the Directors is not satisfactory, then the Executive Board (TFCA) and the employee will have 30 days as stated in the Third Step to call for a binding arbitration. The name of the arbitrator to be selected will be from a panel requested by the parties from the Federal Mediation and Conciliation Service. The City or the TFCA shall request a panel of seven (7) names from the FMCS. The parties shall select the arbitrator using the alternate strike off method. Within seven (7) days of the receipt of said panel, the City and Association shall strike names. In the event more than one grievance is referred to the same hearing, the costs of the arbitration shall be divided proportionately. All other expenses for witnesses or otherwise shall be borne by the party incurring the cost. However, any on-duty Department of Fire & Rescue Operations member called as a witness or as a representative by either side will continue to receive his regular rate of pay while attending such hearing, not to exceed the normal hours he would have been on duty.

Fourth Step. In the event that the grievance has not been satisfactorily resolved at the third step, the Association shall file, within thirty (30) days of the written decision of the Assistant Superintendent/Vice President of Instruction or Assistant Superintendent/Vice President of Student Services or Vice President of Human Resources and Risk Management, a demand with the Superintendent/President, to proceed to the fourth step: a hearing before a Hearing Officer. 8.1.3.10.1 The Hearing Officer will be selected as follows: 8. 1.3.10.1.1 With the concurrence of the Association, the Superintendent/President may serve as the Hearing Officer. 8.1.3.10.1.2 If the Association does not agree to have the Superintendent/President as the Hearing Officer, then the Association or District may request an Arbitrator chosen from the list of seven (7) names requested jointly by the Vice President of Human Resources and Risk Management and the Association from the American Arbitration Association. The Association shall strike from the list the name of one candidate; then the Vice President of Human Resources and Risk Management shall strike the name of one candidate; the names will be stricken in this manner until the name of one candidate remains, who shall be the Hearing Officer. 8.1.3.10.2 The Hearing Officer shall conduct a hearing within either ten (10) days of the receipt of the written appeal of the third step decision or ten (10) days of agreement on the Hearing Officer. The Hearing Officer shall notify the District and the Association of his/her advisory decision within ten (10) days of such hearing. Within ten (10) days of the receipt of this written advisory decision by the Hearing Officer, the Superintendent/President will render a final written decision setting forth the reasons for such decision. This decision shall be final insofar as this administrative procedure is concerned. 8.1.3.10.3 The Association will pay half of the unreimbursed cost of any hearing.

Fourth Step. If the decision of the City as given in the Third Step of the Grievance Procedure is not satisfactory, then the Association shall notify the City in writing within fifteen (15) work days after the answer of the Director, that the grievance is to be submitted to arbitration. The parties may mutually agree to a mediator to discuss any grievance. The mediator may give an advisory opinion as to the merits of the grievances before him/her. Said opinion shall not be used in any subsequent arbitration; nor shall it prejudice the positions of either party. The cost of said mediation shall be borne equally by the parties. Within fifteen (15) work days after notification when a grievance is submitted to arbitration the parties will decide if the Expedited Advisory Labor Arbitration process is to be used as set forth in this contract, or, if not, then the following process for binding arbitration is to be followed. At the request of either party, the Federal Mediation and Conciliation Service or the American Arbitration Association will submit a list of seven (7) names of available arbitrators. In the event that the parties cannot agree on the medium for presentation of these issues, the Federal Mediation Conciliation Service shall be used. Upon receipt of the list within fourteen (14) work days, the City and the Association representative shall alternately strike one (1) name from the list. The side to strike the first name shall be chosen by lot. The person whose name has been chosen shall become the arbitrator. The arbitration shall be heard at the arbitrator's earliest available date. The fees and expenses of the arbitrator shall be paid by the party against whom the arbitrator renders an adverse decision. In the event more than one grievance is referred to the same hearing, the costs of the arbitration shall be divided proportionately, the loser bearing the proportionate share of the costs for the cases lost. All other expenses for witnesses or otherwise shall be borne by the party incurring the cost. However, any City employee called as a witness by either side, will continue to receive his regular rate of pay while attending such a hearing, not to exceed the normal eight

Fourth Step. If the grievance is not resolved satisfactorily at Step 3, there shall be available a fourth step of final, binding arbitration. If the Association determines that the grievance is meritorious and the grievant concurs, it shall submit the grievance to arbitration. The Association shall submit notification of implementation of arbitration to the superintendent in writing within ten (10) days of receipt of the Step 3 answer. An arbitrator to be selected by the two parties within seven (7) days after said notice is given shall conduct the arbitration proceeding. If the two parties fail to reach agreement on an arbitrator within seven (7) days, the Public Employment Relations Board shall be requested to provide a list of five (5) arbitrators. The parties shall determine by lot which party shall have the right to remove the first name from the list. Thereafter, each party shall alternately strike the name of an arbitrator until only one remains. The selection process must be completed within three (3) school days following receipt of the list from PERB. The remaining named arbitrator shall be the arbitrator, and his/her decision shall be final and binding on the parties. The arbitrator's authority shall be strictly limited to deciding only the issue or issues presented in writing by the parties. The decision shall not change or amend the terms, conditions, or applications of the Negotiated Agreement. Costs for the services of the arbitrator, including per diem expenses, travel, subsistence expenses, and the cost of any hearing room will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them. Forms for filing a grievous may be found at the end of this handbook or in the Negotiated Agreement.

Fourth Step. The fourth salary step level may be granted to an employee who has proven to be fully satisfactory in a given classification for one (1) additional year of service from the granting of the previous salary step increase.