Common use of Resources Director Clause in Contracts

Resources Director. If mediation was held and a mutual agreement not reached, the aggrieved employee or Union may request arbitration within ten (10) working days following the date of the mediation. If mediation is not requested, or agreed to, such notice shall be served no later than 15 working days after receiving the Human Resources Director’s decision or answer at Step 3. If the grievance is not appealed to arbitration within the prescribed time, the Step 3 decision or answer shall be final, conclusive and binding on the aggrieved employee, Union and County. Within five (5) working days, the parties will jointly select an arbitrator from a panel of seven (7) arbitrators requested from and provided by the Federal Mediation and Conciliation Service (FMCS) following the submission of the notice of arbitration to the Director of Human Resources. Union and County shall each have the right to strike three (3) names from the panel. Within ten (10) working days after receiving the names, the parties shall meet and alternately cross out names. In grievances involving challenges to disciplinary action, the County shall strike first from the FMCS arbitration panel while in grievances involving contract interpretation, the Union shall complete the first strike from the FMCS arbitration panel. The person remaining on the list will be the arbitrator and the FMCS will be notified of their selection within five (5) working days by either the Union or County. All phases and aspects of the arbitration, including procedure and enforcement, shall be conductedunder and governed exclusively by the rules of the FMCS. The arbitrator shall have no power or authority to modify, amend, change, ignore, add to, subtract from,or otherwise alter or supplement this Agreement, any part thereof, or any amendment thereto. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the parties and has no authority to consider or rule upon any matter which is not subject to arbitration under this Agreement, is not a grievance as defined herein, or is not specifically covered by the Agreement. The arbitrator may not issue declaratory or advisory opinions and shall rule only on actual and existing questions presented to them by the parties. Moreover, the arbitrator must base their decision or award on applicable law and judicial precedence and has no power or authority to make a legally erroneous decision or award. Except as otherwise provided by law, the decision or award of the arbitrator shall be final, conclusiveand binding on the aggrieved employee, Union, and County. The arbitrator shall make every effort to submit their decision or award in writing within 90 calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later and shall provide the parties with a written explanation if this deadline cannot be met. However, the parties may mutually agree in writing to extend this time limitation. If the grievance appealed to arbitration is a continuing one or involves some claim for money against County, any award made by the arbitrator which allows accruals shall limit those accruals to no more than one (1) pay period prior to the date the grievance was submitted in writing at Step 1. Accountingerrors shall not deprive an aggrieved employee of compensation which is justly earned. Any corrective action necessary to comply with an arbitrator’s decision or award shall be implemented no later than 15 calendar days after the decision or award is received. The compensation and expenses of the arbitrator, the appearance fee for the court reporter as well as the costs associated with the arbitrator’s copy of the transcript (if one is requested) shall be paid equally by Union and County. Each party shall be responsible for the expenses of any witnesses the party calls to testify at the arbitration hearing,as well as the cost of any transcript the party orders. Attendance at arbitration and the compensation of witnesses and/or participants shall be the responsibility of the party requesting attendance. Arbitration shall be in Charlotte County, Florida, on a date and at a time and location mutually agreeable to the parties to the arbitration.

Resources Director. If mediation was held and a mutual agreement not reached, the aggrieved employee or Union may request arbitration within ten five (105) working days following the date of the mediation. If mediation is not requested, or agreed to, such notice shall be served no later than 15 working calendar days after receiving the Human Resources Director’s decision or answer at Step 3. All petitions for arbitration shall be accompanied by a written statement of the specific provisions of this Agreement which are at issue and shall include all information required in written grievances. If the grievance is not appealed to arbitration within the prescribed time, the Step 3 decision or answer shall be final, conclusive and binding on the aggrieved employee, Union and County. Within five (5) working daysdays after receipt of the appeal to arbitration, the aggrieved employee, Union (if involved), and County shall meet in an attempt to define the disputed issue or issues and to select an arbitrator. If the parties are unable to mutually agree on the selection of an arbitrator within the prescribed five (5) day period, they will jointly select an arbitrator from a panel of seven (7) arbitrators requested from and provided certified by the Federal Mediation and Conciliation Service (FMCS). The FMCS is to assist in the selection of an arbitrator by furnishing a panel of seven (7) following the submission of the notice of arbitration to the Director of Human Resourcesimpartial arbitrators particularly skilled in matters involving local government employee relations. Union and County shall each have the right to strike three (3) names from the panel. Within ten five (105) working days after receiving the names, the parties shall meet and alternately cross out names. In grievances involving challenges to disciplinary action, the A coin toss shall determine whether Union or County shall strike first from the FMCS arbitration panel while in grievances involving contract interpretation, the Union shall complete the first strike from the FMCS arbitration panelwill cross out first. The person remaining on the list will be the arbitrator and the FMCS will be notified of their histheir selection within five (5) working days by either the a joint letter from Union or and County. All phases and aspects of the arbitration, including procedure and enforcement, shall be conductedunder conducted under and governed exclusively by the rules of the FMCS. The arbitrator shall have no power or authority to modify, amend, change, ignore, add to, subtract from,, or otherwise alter or supplement this Agreement, any part thereof, or any amendment thereto. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the parties and has no authority to consider or rule upon any matter which is not subject to arbitration under this Agreement, is not a grievance as defined herein, or is not specifically covered by the Agreement. The arbitrator may not issue declaratory or advisory opinions and shall rule only on actual and existing questions presented to him them by the parties. Moreover, the arbitrator must base his their decision or award on applicable law and judicial precedence and has no power or authority to make a legally erroneous decision or award. Except as otherwise provided by law, the decision or award of the arbitrator shall be final, conclusiveand conclusive and binding on the aggrieved employee, Union, and County. The arbitrator shall make every effort to submit his their decision or award in writing within 90 30 calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later and shall provide the parties with a written explanation if this deadline cannot be metlater. However, the parties may mutually agree in writing to extend this time limitation. If the grievance appealed to arbitration is a continuing one or involves some claim for money against County, any award made by the arbitrator which allows accruals shall limit those accruals to no more than one (1) pay period prior to the date the grievance was submitted in writing at Step 1. Accountingerrors Accounting errors shall not deprive an aggrieved employee of compensation which is justly earned. Any corrective action necessary to comply with an arbitrator’s decision or award shall be implemented no later than 15 calendar days after the decision or award is received. The compensation and expenses of the arbitrator, the appearance fee for the court reporter as well as the costs associated with the arbitrator’s copy of the transcript (if one is requested) arbitrator shall be paid equally by Union and County. Each party shall be responsible for the expenses of any witnesses the party calls to testify at the arbitration hearing,, as well as the cost of any transcript the party orders. Attendance at arbitration and the compensation of witnesses and/or participants shall be the responsibility of the party requesting attendance. Arbitration shall be in Charlotte County, Florida, on a date and at a time and location mutually agreeable to the parties to the arbitration.