Step 5. Arbitration. 1. If the grievance remains unresolved after mediation, the Association shall have ten (10) days after the date of mediation at Step 4 to appeal the grievance, in writing, to arbitration. 2. If the parties do not agree to mediate the grievance, the Association shall have ten (10) days after the denial of mediation at Step 4 to appeal the grievance, in writing, to arbitration. 3. If neither party requests mediation within ten (10) days after receiving the previous step response, the Association shall have ten (10) days from the last date available to request mediation to appeal the grievance, in writing, to arbitration. In any of the above listed situations, the grievance may be appealed to arbitration by serving written notice upon the Assistant Commissioner of Minnesota Management & Budget (State Labor Negotiator), or designee. The parties shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties are unable to agree on an arbitrator, either party may request from the Commissioner of the Bureau of Mediation Services, State of Minnesota, a list of at least five (5) potential arbitrators. The parties shall alternately strike names from the list of arbitrators until one (1) name remains. The remaining arbitrator shall hear and decide the grievance. If the parties are unable to agree on who shall strike the first name, the question shall be decided by the flip of a coin.
Appears in 8 contracts
Sources: Labor Agreement, Labor Agreement, Labor Agreement
Step 5. Arbitration. 1. If the grievance remains unresolved after mediation, the Association shall have ten (10) days after the date of mediation at Step 4 to appeal the grievance, in writing, to arbitration.
2. If the parties do not agree to mediate the grievance, the Association shall have ten (10) days after the denial of mediation at Step 4 to appeal the grievance, in writing, to arbitration.
3. If neither party requests mediation within ten (10) days after receiving the previous step response, the Association shall have ten (10) days from the last date available to request mediation to appeal the grievance, in writing, to arbitration. In any of the above listed situations, the grievance may be appealed to arbitration by serving written notice upon the Assistant Deputy Commissioner of Minnesota Management & Budget the Department of Employee Relations (State Labor Negotiator), or designee. The parties shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties are unable to agree on an arbitrator, either party may request from the Commissioner of the Bureau of Mediation Services, State of Minnesota, a list of at least five (5) potential arbitrators. The parties shall alternately strike names from the list of arbitrators until one (1) name remains. The remaining arbitrator shall hear and decide the grievance. If the parties are unable to agree on who shall strike the first name, the question shall be decided by the flip of a coin.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Step 5. Arbitration. 9 1. If the grievance remains unresolved after mediation, the Association shall have ten (10) 10 days after the date of mediation at Step 4 to appeal the grievance, in writing, to 11 arbitration.
12 2. If the parties do not agree to mediate the grievance, the Association shall have ten (10) 13 days after the denial of mediation at Step 4 to appeal the grievance, in writing, to arbitration.to
15 3. If neither party requests mediation within ten (10) days after receiving the previous step 16 response, the Association shall have ten (10) days from the last date available to 17 request mediation to appeal the grievance, in writing, to arbitration. 18 In any of the above listed situations, the grievance may be appealed to arbitration by 19 serving written notice upon the Assistant Commissioner of Minnesota Management & Budget 20 and&Budget (State Labor Negotiator), or designee. The parties shall endeavor to 21 select a mutually acceptable arbitrator to hear and decide the grievance. If the parties 1 are unable to agree toagree on an arbitrator, either party may request from the Commissioner 2 of the Bureau of Mediation Services, State of 3 Minnesota, a list of at least five (5) potential arbitrators. The parties shall alternately strike 4 names from the list of arbitrators until one (1) name remains. The remaining arbitrator shall 5 hear and decide the grievance. If the parties are unable to agree on who shall strike the first 6 name, the question shall be decided by the flip of a coin.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
Step 5. Arbitration. 1. If the grievance remains unresolved after mediation, the Association shall have ten (10) days after the date of mediation at Step 4 to appeal the grievance, in writing, to arbitration.
2. If the parties do not agree to mediate the grievance, the Association shall have ten (10) days after the denial of mediation at Step 4 to appeal the grievance, in writing, to arbitration.
3. If neither party requests mediation within ten (10) days after receiving the previous step response, the Association shall have ten (10) days from the last date available to request mediation to appeal the grievance, in writing, to arbitration. In any of the above listed situations, the grievance may be appealed to arbitration by serving written notice upon the Assistant Commissioner of Minnesota Management & Budget andBudget (State Labor Negotiator), or designee. The parties shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties are unable to agree toagree on an arbitrator, either party may request from the Commissioner of the Bureau of Mediation Services, State of Minnesota, a list of at least five (5) potential arbitrators. The parties shall alternately strike names from the list of arbitrators until one (1) name remains. The remaining arbitrator shall hear shallhear and decide the grievance. If the parties are unable to agree on who shall strike the first namefirstname, the question shall be decided by the flip of a coin.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement