Common use of Fourth Step Clause in Contracts

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 Between the decision of the City as given in the Third Step Chairman of the Grievance Procedure Committee and the Executive Council of the Union and the Ontario Division General Manager and/or his Nominees. The Union may also choose to be represented by the representative of Local If the Union does not agree with the Company’s decision given at Fourth Step, the grievance may be referred to Arbitration under Section within ninety (90) working days of the Fourth Step answer. Any grievance not referred to Arbitration within the time limit specified herein shall be considered to have been abandoned. The Company guarantees to all employees that their standing within the plant, or with the Company, will not be prejudiced in any way because of their action in carrying complaints and grievances to higher management levels when there has been failure to settle such complaints and grievances satisfactorily through their immediate Where a difference arises between the parties relating to the question as to whether a matter is not satisfactoryarbitrable, then or where an allegation is made that this Agreement has been violated, either of the Association shall parties may, after exhausting any grievance procedure established by this Agreement, notify the City other party in writing within fifteen (15) work days after of its desire to submit the answer difference or allegation to arbitration and the notice shall contain the name of the Directorfirst party’s appointee to an arbitration board The Recipient of the notice shall, that within five (5) days, advise 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 other party of the name of its appointee to the merits arbitration board The two appointees so selected shall, within five (5) days of the grievances before him/herappointment of the second of them, appoint a third person who shall be the Chairman. Said opinion If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman, within the time the appointment shall not be used in any subsequent arbitration; nor shall it prejudice made by the positions Minister of Labour for Ontario, upon the request of either party. The cost of said mediation arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be borne equally by the parties. Within fifteen (15) work days after notification when a grievance is submitted to arbitration final and binding upon the parties will decide if and upon any employee affected by it. The decision of a majority shall be the Expedited Advisory Labor Arbitration process decision of the arbitration board, but there is no majority the decision of the Chairman shall govern. The reasonable costs of such arbitration including the fees and expenses, stenographic of the Chairman, shall be equally shared by both parties to be used as set forth in this contract, orthe Agreement and each party shall pay the expenses, if notany, then of its own nominee to the following process arbitration board. Where an arbitrator or arbitration board determines that an employee has been discharged or disciplined by an employer for binding arbitration cause and the Collective Agreement does not contain a specific penalty for the infraction that is to be followed. At the request subject matter of either partythe arbitration, the Federal Mediation and Conciliation Service arbitrator or arbitration board may substitute another penalty for the American Arbitration Association will submit a list of seven (7) names of available arbitratorsdischarge or discipline that seems reasonable in the circumstances. There shall be no strikes or lockouts so long as this Agreement continues In the event that the parties cannot agree on the medium for presentation of these issuesany stoppages of work, the Federal Mediation Conciliation Service Union agrees that such Union members as may be required to protect and maintain Company property in operating condition, to protect products from damage, and to maintain, operate and protect essential services, such as water, power, heating, sanitation, fire protection and watchmen’s services, shall be usedpermitted to perform such work The Company will provide a Welfare Plan and a Pension Plan for its employees, the particulars of which, are set out in policies and other documents carrying such plans, and the details shall be summarized in the printed Agreement booklet following the signature page. Upon receipt The employee’sshare of any Unemployment InsurancePremium Rebate will be retained by the Company to offset a portion 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 cost 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 eightbenefit improvements contained in this Agreement.

Fourth Step. If the decision of the City as given in third step is not satisfactory to the Third Step employee concerned and/or the Union, a written request for a fourth step meeting must be lodged with the Industrial Relations Department within three (3) calendar weeks of the Grievance Procedure date on which the third step decision was deliveredto the Chief ▇▇▇▇▇▇▇. The fourth step meeting shall include: The Union Negotiating Committee. The Management Negotiating Committee. May include additional Management representativesdesired by Management. May include the Canadian Representative of the Teamsters Union or other representatives of the Teamsters Union, as desired by the Union. Providedthat the total number of Management representatives shall not exceed the total number of Union representatives. The decision of the Company on the fourth step of the grievance procedure shall be delivered to the Chief ▇▇▇▇▇▇▇ of the Union within one (1) calendar week following the fourth step meeting. Fifth Step: If the aggrieved party is not satisfactorysatisfied with the decision rendered at the last fourth step meeting, then and if the Association matter constitutes a difference between Company and the Union as to the application, interpretation or violation of the provisions of this Agreement, the Union shall notify the City Company, in writing writing, of their dissatisfaction within fifteen one (151) work days after the answer calendar week of the Directordate the fourth step decision was delivered to the Chief ▇▇▇▇▇▇▇. If no notification of dissatisfaction is received, that the grievance shall be considered as being settled at the fourth step. In the event that such notice of dissatisfaction is given within the prescribed time limit, the matter ma at the demand of either party, be carriedto next higher step, providing notice of such action is in within three (3) calendar of the date of the fourth step meeting. If no such notice is given, the grievance shall be considered as being settled at the fourth step. If such notice is given, a Board of Arbitration shall then be formed to be submitted to arbitrationjudge the issue as presented, but shall not modify, enlarge or amend the Agreement. The parties may mutually agree Board shall consist of one member appointed by the Union, one member appointed by the Company, and a third member appointed by such two, who shall be the Chairperson. In the event that either party fail to a mediator to discuss any grievance. The mediator may give an advisory opinion as to the merits appoint their member within one (1) calendar month of the grievances before him/her. Said opinion date of the fifth step notification, the appointment of such member shall not be used in any subsequent arbitration; nor shall it prejudice made by the positions Minister of Labour for Ontario upon the request of either party. The cost of said mediation shall be borne equally two members, appointed by the parties, shall appoint a Chairperson within two (2) calendar weeks of the appointment of the second of them. Within fifteen (15) work days after notification when If the two members, appointed by the parties, fail to appoint a grievance is submitted to arbitration Chairperson within 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 partytime limits, the Federal Mediation ointment shall be made by the Minister of The decision of such a Board of Arbitration shall be final and Conciliation Service or the American Arbitration Association will submit a list of seven (7) names of available arbitrators. In binding on both parties, but in the event that there is no majority decision of the parties cannot agree on the medium for presentation of these issuesBoard, the Federal Mediation Conciliation Service of the Chairperson shall be usedfinal and binding on both parties. Upon receipt Each party shall bear the expenses of its own member and one-half the expense 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 eightChairperson.

Fourth Step. If the Union does not agree with the Company’s decision given at Third Step, the grievance may be referred to Arbitration under Section within ninety (90) working days of the City as given in the Third Step answer. Any grievance not referred to Arbitration within the time limit specified herein shall be considered to have been abandoned. The Company guarantees to all employees that their standing within the plant, or with the Company, will not be prejudiced in any way because of their action in carrying complaints and grievances to higher management levels when there has been failure to settle such complaints and grievances satisfactorily through their immediate Line Managers. Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the Grievance Procedure is not satisfactoryparties may, then the Association shall after exhausting any grievance procedure established by this Agreement, notify the City other party in writing within fifteen (15) work days after of its desire to submit the answer difference or allegation to arbitration and the notice shall contain the name of the Director, that the grievance is first party’s appointee to be submitted to arbitrationan arbitration board. The parties may mutually agree Recipient of the notice shall, within five (5) days, advise the other party of the name of its appointee to a mediator to discuss any grievancethe arbitration board. The mediator may give an advisory opinion as to the merits two appointees so selected shall, within five (5) days of the grievances before him/herappointment of the second of them, appoint a third person who shall be the Chairperson. Said opinion If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson, within the time limit, the appointment shall not be used in any subsequent arbitration; nor shall it prejudice made by the positions Minister of Labour for Ontario, upon the request of either party. The cost of said mediation arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be borne equally by the parties. Within fifteen (15) work days after notification when a grievance is submitted to arbitration final and binding upon 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 followedand upon any employee affected by it. At the request The decision 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 majority 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 decision of the arbitration board, but if there is no majority the decision of the Chairperson shall govern. The reasonable costs of such arbitration including the fees and expenses, stenographic services, etc., of the Chairperson, shall be divided proportionatelyequally shared by both parties to the Agreement and each party shall pay the expenses, if any, of its own nominee to the arbitration board. Modification of Penalties Where an arbitrator or arbitration board determines that an employee has been discharged or otherwise disciplined by an employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the loser bearing the proportionate share of the costs arbitrator or arbitration board may substitute another penalty for the cases lost. All other expenses for witnesses discharge or otherwise shall be borne by discipline that seems reasonable in 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 eightcircumstances.

Fourth Step. (a) If the decision of the City as given in grievance is not resolved at the Third Step within twenty‐one (21) days after receipt of the Grievance Procedure is not satisfactoryThird Step reply, then the Association written grievance may be submitted to arbitration for a decision. An impartial arbitrator shall be selected by alternate striking from a list provided by the California State Mediation and Conciliation Service. The arbitrator’s decision on grievances over disciplinary action up to ten (10) days suspension, without pay, shall be final and binding on the parties. All non‐discipline related grievances and grievances over disciplinary actions exceeding ten (10) days suspension, without pay, are subject to advisory arbitration as set forth hereafter. Within ten (10) days after issuance of the arbitrator’s decision, either Party may notify the City other, in writing within fifteen (15) work days after the answer writing, of its rejection of the Director, that advisory ruling. A rejection by either Party of the arbitrator’s decision shall cause the grievance is to be submitted to arbitrationthe Board of Directors for determination. The parties may mutually agree matter shall be considered by the Board, with or without hearing, in the sole discretion of the Board, at any time convenient to a mediator to discuss any grievancethe Board, within forty‐five (45) days after issuance of the arbitrator’s decision. The mediator may give an advisory opinion as to the merits decision of the grievances before him/her. Said opinion Board shall not be used in any subsequent arbitration; nor shall it prejudice the positions of either partyfinal and binding on both Parties. The cost of said mediation arbitration shall be borne shared equally by the parties. Within fifteen Parties. (15b) work days after notification when a grievance is submitted The arbitrator shall have no power to arbitration the parties will decide if the Expedited Advisory Labor Arbitration process is to be used as set forth in this contractalter, oramend, if notchange, then the following process for binding arbitration is to be followed. At the request of either partyadd to, 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 subtract from any of the list within fourteen (14) work daysterms of this Agreement, but shall determine only whether or not there has been a violation of a provision of this Agreement in the City and respect alleged in the Association representative shall alternately strike one (1) name from the listgrievance. 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 decision of the arbitrator shall be paid based solely upon the evidence and arguments presented to him or her by the party against whom respective Parties in the presence of each other and upon argument presented in briefs. The Parties may mutually agree to use expedited arbitration procedures. The function and purpose of the arbitrator renders is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. Past practice of the Parties in interpreting or applying terms of this Agreement may be relevant evidence, but shall not be used so as to justify or result in what is in effect a modification (whether by addition, subtraction, or revision) of the express terms of this Agreement. The arbitrator shall not render any decision or award or fail to render any decision or award merely because in his or her opinion such decision or award is fair or equitable. The arbitrator shall have no power to render an adverse decisionaward on any grievance occurring before or after the term of this Agreement. In the event more than The arbitrator may hear only 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 costat a time unless both Parties expressly agree otherwise. However, any City employee called as a witness by either side, both Parties will continue in good faith endeavor to receive his regular rate of pay while attending such a hearing, not to exceed handle in an expeditious and convenient manner cases that involve the normal eightsame or similar facts and issues.