Common use of Step 4 Clause in Contracts

Step 4. If the decision of the Town Manager does not resolve the grievance, the Union shall have the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within five (5) days following the date the request for arbitration was received by the Town Manager, the American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator shall limit themself to the issues submitted to the arbitrator and shall consider nothing else. The arbitrator shall be bound by and must comply with all of the terms of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty payments. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This shall be accomplished within thirty (30) days of the completion of the arbitrator’s hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision of the arbitrator shall be final and binding on the parties. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. The cost of the hearing room shall be borne equally by the Town and the Association. Any other expenses shall be paid by the party incurring same. The exception to this provision shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth above, shall be borne equally by both parties and the arbitrator shall not be required to declare a losing party.

Step 4. If the decision of the Town Manager does grievance is not resolve the grievancesettled at Step 1, the Union shall have the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached Step 2, or Step 3, within five (5) days following business days, either party to the date grievance may request in writing to the Executive Director of the TJPA that the grievance be submitted to arbitration. After the request for arbitration was received is made in writing, an arbitrator shall be selected by each party alternately striking a name from the Town Managerfollowing list of arbitrators: ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇. The party to strike first shall be determined by a coin toss. (1) Upon selection of an arbitrator, the American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator Executive Director shall limit themself to the issues submitted provide notice to the arbitrator and parties to the grievance. Any arbitrator who does not respond within twenty-four (24) hours or who is not available within eight (8) weeks of this notice shall consider nothing elsebe deemed to have waived the assignment. The grievance shall be referred to the next arbitrator on the list who was last to be struck (and so on, until an arbitrator is selected). The Executive Director may provide written notice by facsimile, electronic mail, hand delivery, or overnight mail which will be deemed effective upon receipt. (2) The arbitrator shall arrange for a hearing on the earliest date available from the date of her/his selection. The arbitrator’s decision shall be confined to the issue(s) posed by the grievance and shall be remedial only. The arbitrator shall be bound by and must comply with all of not have the terms authority to modify, amend, alter, cancel, add to or subtract from, any provision of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty paymentsAgreement. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This (3) A decision shall be accomplished given to the parties within thirty five (305) business days of the after completion of the hearing unless such time is extended by mutual agreement. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of the award. The requesting party shall be responsible to pay any additional cost associated with the written opinion. The arbitrator’s hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision of the arbitrator shall be final and binding on upon all parties to the partiesgrievance. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. (4) The cost of the arbitrator’s fees and expenses, including a court reporter, and any cost to pay for facilities for the hearing room shall be borne equally by the Town parties to the grievance. (5) Any of the time periods set forth in this Article may be modified in writing by mutual consent of the parties to the grievance, and the Association. Any other expenses any written referral or request shall be paid by considered timely if it is personally delivered, faxed, electronically mailed, or postmarked during the party incurring sameextended time period. The exception Failure to this provision shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost respond in writing within the time limits provided above, without a request for an extension of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth abovetime, shall be borne equally by both parties and the arbitrator shall not be required to declare deemed a losing partywaiver of such disputes with prejudice.

Step 4. If not then settled and prior to a grievance being submitted to arbitration either party may request the assistance of a Grievance Mediation Officer. If the decision parties utilize this process, the time limits for a grievance to go to arbitration will be suspended until the day after the grievance mediation meeting. In the event the grievance is not resolved in mediation, the time limits will commence the day following said meeting. (a) The Union shall be allowed to have a committee of two (2) employees in attendance during a grievance mediation meeting. In the event of grievance mediation meeting the Union president will be allowed to be in attendance. The cost of the Town Manager does Grievance Mediation Officer’s services will be jointly shared by the parties. (b) If the grievance is still not resolve the grievancesettled, the Union shall have will notify the sole right to appeal that decision and the matter shall be submitted to arbitration providing the Union notifies the Town Manager of such request within ten (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within five (5) days following the date the request for arbitration was received by the Town Manager, the American Arbitration Association will be notified by either Employer or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator shall limit themself to the issues submitted to the arbitrator and shall consider nothing else. The arbitrator shall be bound by and must comply with all of the terms of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty payments. d. The Town Manager, the aggrieved, and the Union shall receive copies of the arbitrator’s report. This shall be accomplished vice versa within thirty (30) days of the completion reply in Step 3 of their desire to proceed to Arbitration. (c) The parties will each appoint an Arbitrator within five (5) days after the notification from the Union has been received and will promptly advise the other party of the arbitrator’s hearingname of their nominee. (d) The two nominees will then attempt to agree upon a Chairman, or and if they cannot agree within thirty a further fifteen (3015) days then such Chairman shall be appointed by the Ontario Labour Management Arbitration Commission at the request of either party. (e) Each of the date closing briefs are due, whichever date parties hereto shall be laterbear the expense of the nominee appointed by it and the parties shall jointly bear the expense of the Chairman. e. (f) The decision Arbitrators shall not be authorized to alter, modify or amend any part of this Agreement, nor to make any decision(s) inconsistent with the provisions thereof. (g) The proceedings of the arbitrator shall Arbitration Board will be expedited by the parties hereto and the decisions of the majority of such Board will be final and binding on the partiesparties hereto. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses (h) No grievance shall be borne by submitted for Arbitration which does not involve a question concerning the losing party. For the purposes interpretation, application, administration or alleged violation of this provisionAgreement. The party receiving notice of Arbitration may, within fifteen (15) days of its receipt, give written notice to the other party objecting that the matter is not arbitrable in that it does not involve an interpretation, application, administration, or alleged violation of this Agreement. In such case, the arbitrator must designate Arbitration Board shall endeavour to decide that question before dealing with the losing partymatter on the merits. The cost of the hearing room shall be borne equally by the Town and the Association. Any other expenses shall be paid by the party incurring same. The exception to this provision shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost of any arbitration that was initiated due to However, such adverse performance evaluations, and all related expenses as set forth above, shall be borne equally by both parties and the arbitrator decision shall not be required permitted to declare a losing partydelay the proceedings so that further sitting is required. In such case, the Arbitration Board shall reserve judgement on the question of arbitrability and if it is decided that the matter does not involve an interpretation, application, administration or alleged violation of the Agreement, then the Arbitration Board shall not consider the matter further and the decision of the Employer or the Union Committee, in the case of an Employer Grievance, shall stand.

Step 4. If the grievant is still dissatisfied with the answer received from the County Administrator and the grievance is a matter of contract violation, then the grievance may be submitted to arbitration in accordance with the procedure outlined below: 1. Within twenty (20) work days of the decision of the Town Manager does not resolve the grievanceCounty Administrator, the Union shall have Representative may request arbitration of the sole right to appeal that decision and grievance by filing notice of the matter shall be submitted to arbitration providing grievant's continued disagreement with the Employee Relations Director. 2. Within twenty (20) work days of such notice the Union notifies Representative shall request a list of arbitrators from the Town Manager of such request within ten New Jersey Public Employment Relations Commission (10) working days of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitratorPERC). a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator3. If no agreement is reached within Within five (5) work days following of the date receipt of such list, an arbitrator shall be selected by alternately striking names from the request for arbitration was received list; the Union Representative striking first. If the arbitrator is unable to serve, another list shall be requested and the process repeated, unless the time is extended by the Town Managermutual agreement. 4. Within twenty (20) workdays of notice of selection, the American Arbitration Association will be notified designated arbitrator shall establish a hearing date, shall establish rules governing such a hearing and shall conduct such hearing, except as provided otherwise herein. 5. The arbitrator must first rule on the arbitrability of the grievance if so requested by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator shall limit themself to the issues submitted to the arbitrator and shall consider nothing else. The arbitrator shall be bound by and must comply with all of the terms of this Contract6. The arbitrator shall have no power to add to, delete from, subtract from or modify in any way any of alter the provisions language of this contractAgreement. He/she shall have no power to make an award inconsistent with law and shall have no power to entertain grievances that do not constitute violations of this Agreement. The arbitrator may award a “make whole recommendation,” but may apply no penalty paymentsshall rule only on the interpretation of the clause of the Agreement involved. d. 7. The Town Managerarbitrator shall have no power to make an award or, in any matter which is not within the aggrievedBoard's power to implement, and including monetary awards, require appropriations from governmental agencies other than the Union Board of Chosen Freeholders. 8. The arbitrator's decision shall receive copies be binding on all parties on matters regarding violations of the arbitrator’s report. This contract, except that if his/her decision requires Legislative action, such decisions shall be accomplished within thirty (30) days effective only if such legislation is enacted. 9. The cost of the completion of the arbitrator’s hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. The decision services of the arbitrator shall be final and binding on the parties. f. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. The cost of the hearing room shall be borne shared equally by the Town parties in interest. 10. An arbitrator shall be empowered to hear only one grievance for each appointment he/she receives; provided however, that in the event there is more than one grievance presented and the Association. Any other expenses grievances arise out of the same set of facts or involve the same materially and substantially identical issues, a single arbitrator shall be paid by empowered to adjudicate all such grievances. It is expressly understood and agreed that the party incurring same. The exception to this provision grievance procedure shall be with respect to arbitrations that result from the sole and exclusive remedy for all grievances concerning adverse performance evaluationswhich are arbitrable under this Agreement. The cost This provision is not a waiver of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth above, shall be borne equally by both parties and the arbitrator shall not be required to declare a losing partyindividual rights beyond this Agreement.

Step 4. If the decision of grievance is not resolved by the Town City Manager does not resolve the grievanceor designee, the grievance may be referred to an arbitrator, no later than fifteen (15) days after the Union shall have receives the sole right to appeal that decision City Manager's response. If the Employer and the matter shall be submitted Union are unable to arbitration providing the Union notifies the Town Manager of such request agree upon an arbitrator within ten (10) working days after they first meet to determine such an appointee, they shall jointly request the American Arbitration Association to provide a panel of receipt by the Union of the Town Manager’s decision. The following procedure shall be used to secure the services of an arbitrator. a. The parties will attempt to agree upon a mutually satisfactory third party to serve as arbitrator. If no agreement is reached within five (5) days following arbitrators from which the date the request for arbitration was received by the Town Manager, the American Arbitration Association will be notified by either or both parties and requested to designate an Arbitrator under its rules. b. Neither the Town nor the Union will be permitted to assert any ground or evidence before the arbitrator which was not previously disclosed to the other party. c. The Arbitrator shall limit themself to the issues submitted to the arbitrator and shall consider nothing elsemay select one. The arbitrator shall be bound by and must comply with all representatives of the terms of this Contract. The arbitrator shall have no power to add to, delete from, or modify in any way any of the provisions of this contract. The arbitrator may award a “make whole recommendation,” but may apply no penalty payments. d. The Town Manager, the aggrieved, Employer and the Union shall receive copies alternately eliminate the name of one person from the list until only one name remains. The person whose name was not eliminated shall be the arbitrator. 16.2 It shall be the function of the arbitrator’s reportarbiter to hold a hearing at which the parties may submit their positions concerning the grievance. This The arbiter shall be accomplished render within thirty (30) days after such hearing their decision based on whether or not the Employer violated the provisions of the completion of the arbitrator’s hearing, or within thirty (30) days of the date closing briefs are due, whichever date shall be later. e. this Agreement. The decision of the arbitrator shall be final and binding on upon the parties. f. The costs for parties to the services grievance provided the decision does not involve action by the arbiter which is beyond their jurisdiction. Each party hereto shall pay the expenses of their own representatives (e.g. attorney’s fees) and the expenses of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses shall be borne by the losing party. For the purposes of this provision, the arbitrator must designate the losing party. The cost of the hearing room arbiter shall be borne equally by the Town parties hereto. 16.3 The term "employee" for purposes of this Article shall mean the employee accompanied by their Union Representative, if they so desire. 16.4 Neither the arbiter nor any other person or persons involved in the grievance procedure shall have the power to alter or change any of the present provisions of this Agreement. 16.5 The time limits set forth in this Article maybe extended by mutual agreement of the Employer and the AssociationUnion. Any other expenses shall be paid The parties may also, via mutual agreement, bypass any of the steps in the grievance procedure where the parties deem it appropriate to do so. The parties will document their mutual agreement, for either extensions of the time limits or to bypass any steps in the Grievance procedure, in writing. Failure by the non-grieving party incurring sameto comply with any time limitations as provided in this Article shall constitute a right of the grieving party to proceed to the next Step without waiting. The exception Failure of the grieving party to this provision comply with the foregoing time limitations shall be with respect to arbitrations that result from grievances concerning adverse performance evaluations. The cost constitute resolution and withdrawal of any arbitration that was initiated due to such adverse performance evaluations, and all related expenses as set forth above, shall be borne equally by both parties and the arbitrator shall not be required to declare a losing partygrievance.