Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township. 2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter. 3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits. 6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.
Appears in 7 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving If the discharge, suspension of three (3) days or more, or Union is not satisfied with the reduction in rankStep 3 response, the OPBA Union may make submit a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted notice to the other party Township Administrator to proceed with the grievance to arbitration within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee decision. The Arbitrator shall be final and binding upon selected in the OPBA, the member and the Township.
2. Upon receipt of following manner: The parties shall submit a written request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the to submit a panel list of seven nine (79) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days arbitrators from the date the list is receivedOhio. The parties shall use alternately strike the alternate strike method from names of the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner Arbitrators until only one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in questionremains. Either party shall have the right to elect to may reject the list, and request from FMCS another list of nine (9) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in its entirety and any one grievance. The parties may, at any time, mutually agree to request the submission an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a new seven (7) member panelhearing, following which election may only be exercised once. All procedures relative to the hearing he will make a written award that shall be in accordance with the rules final and regulations of the FMCSbinding on both parties. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator Arbitrator shall not have the authority or power to add to, subtract from, modifydisregard, change alter, or alter modify any provision of the express terms or provisions of this Agreement. The arbitrator Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be confined solely inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the issues submitted for arbitrationArbitrator before the merits of the grievance are heard. The arbitrator Grievant, the Union representative, and employee witnesses, called by the Employer, who appear at an arbitration hearing during their normal working hours, shall not establish suffer any new or different wage rates loss in pay. Member witnesses, other than the Grievant and Grievant representative, called by the Union, will be permitted time off, with pay, to testify at an arbitration hearing if such time is during regularly assigned working hours, provided that the needs of the Township, the Department and the safety of the citizenry of the Township are not negotiated as part compromised. Disputes may only be submitted to arbitration during the life of this Agreement. In cases No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates or agreed extensions of dischargethis Agreement. Upon request, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five at least ten (4510) calendar days prior to the date scheduled for arbitration, the grievance was presented parties shall submit to each other the Township names of witnesses, and their expected testimony, and the documents intended to be used in Step One of the Grievance Procedure.
5an arbitration hearing in their case in chief. The question costs of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be paid borne by the losing party. ExpensesIn the event the Arbitrator’s decision fails to grant the requested award of either party and represents a “split decision”, if any, the cost and fees shall be shared by the parties. The expense of the any non-employee witnesses shall be borne borne, if at all, by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Townshipwitness. The fees of the requesting party shall be responsible for paying court reporter shall be paid by the party asking for one. The fees; however, such fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, reporter or request a copy of any the transcript. The Township shall not incur any overtime expense as a result of this Step.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 answer by the Board is not referred satisfactory to arbitration the Association then within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen thirty (1430) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list date of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list Board’s answer the Association only, and not an individual employee, may file a demand for arbitration of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted dispute to the parties by American Arbitration Association with a copy of the FMCS. demand delivered to the Superintendent, all pursuant to the following rules and conditions:
a. The party requesting grievance shall relate solely to the arbitration shall be application and interpretation of the first (1st) to strike a name terms and alternate in conditions of this manner until one (1) name remains on the list. Agreement.
b. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party Arbitrator shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the no authority to add to, subtract from, modify, change change, alter or alter amend the terms and conditions of the Agreement and he/she shall have no authority to hear or rule upon any provision of this Agreementthe following:
i. Any matter involving the Board’s discretion in the expenditure of funds for capital outlay;
ii. The arbitrator fixing or establishment of any salary schedule;
iii. The termination of or decision not to reemploy any probationary employee;
iv. Evaluation of employee, unless it is a claim of failure to follow established procedures or the evaluation is being used to justify a disciplinary action or discharge.
c. The decision of the Arbitrator shall be confined solely final and binding.
d. Upon receiving a list of arbitrators from the American Arbitration Association, the parties shall attempt to agree upon an arbitrator. If no agreement can be reached, he/she shall be selected by the issues submitted for arbitrationrules of the American Arbitration Association. The arbitrator parties shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, be bound by the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One rules of the Grievance ProcedureAmerican Arbitration Association.
5. The question of arbitrability of a e. Only one grievance may shall be raised heard by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the an arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the meritsat any one appointment.
6. f. The decision costs and expenses of the arbitrator shall be final and binding shared equally by the parties.
g. Any grievance not taken to arbitration within the above stated time limits shall be deemed settled based upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporterBoard’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Steplast answer.
Appears in 3 contracts
Sources: Master Agreement, Collective Bargaining Agreement, Master Agreement
Step Four - Arbitration. 1. With respect If the Employer and the Union are unable to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rankresolve any grievance, the OPBA grievance may make a written request that be submitted to arbitration within fifteen (15) working days after the decision of the underlying Employer or designated representative. The grievance shall be considered submitted to binding arbitration pursuant to Step Four, hereunder. A when written request for appellate arbitration must be notice is submitted to the other party within fourteen (14) calendar days following such party’s receipt Superintendent by the Union informing the Employer of the written decision at Step 3Union’s intent to arbitrate the grievance. In If AFSCME Council 25 internal appeals procedure is invoked, the event the decision at Step 3 is not referred to arbitration within Employer shall grant an extension of the time limits prescribed, the decision of the Trustees or Designee to cover such appeal procedure. AFSCME Council 25 Arbitration Department shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request send a list of seven (7) impartial Ad-Hoc arbitrators from to the Federal Mediation and Conciliation Service (FMCS)Superintendent or designee to see if the parties can mutually accept an arbitrator. Upon receipt of If the list of seven (7) arbitratorsparties are unable to agree, the case will be filed with the American Arbitration Association. In either case, the parties will be bound by the rules and procedures of the American Arbitration Association. If not submitted, the grievance shall meet to select an be abandoned, except in any emergency which is beyond the control of the Union. The arbitrator within fourteen so selected will hear the matter promptly and will issue his decision not later than thirty (1430) calendar days from the date of the list is receivedclose of the hearings or dates the briefs are due. The parties shall use arbitrator's decision will be in writing and will set forth his findings of facts, reasoning, and conclusions on the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCSissue submitted. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as power of the arbitrator stems from this Agreement and his function is to hear the dispute in questioninterpret and apply this Agreement to pass upon alleged violations thereof. Either party He shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority no power to add to, subtract from, modify, change or alter modify any provision of the terms of this Agreement. The arbitrator , nor shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish he have any new power or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification make any decision which requires the commission of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One an act prohibited by law or which is violative of the Grievance Procedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing terms of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6Agreement. The decision of the arbitrator shall be final and binding upon the OPBAEmployer, the member Union, and the Townshipgrievant. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All The costs directly related to the services of the arbitrator shall be paid by the losing party. Expensesarbitrator's services, including expenses, if any, of the witnesses shall be borne equally by the party calling parties.
D. 1. All claims for back wages shall be limited to the witness except amount of wages that member witnesses on duty time the employee would otherwise have earned at his regular rate, less any compensation that he may have received from any source during the period of the back pay. However, any additional wages that the employee was earning while working for the School District and continues to earn while processing the grievance, shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Stepdeducted.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all nonIf the grievance is not resolved in Step Three, within thirty-disciplinary grievances and disciplinary cases involving the discharge, suspension of three seven (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (1437) calendar days following such party’s after receipt of the written decision at Step 3. In Three response, or forty-four (44) days after the event Step Three meeting if no response is received, the decision at Step 3 is not referred Union may appeal to arbitration within by serving the time limits prescribed, the decision Agency a notice of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2intent to arbitrate. Upon receipt of a request for appellate arbitration, the Township and the OPBA The Union shall, within fourteen (14) calendar days following the request by letter or electronic filing, solicit nominations for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service ("FMCS)") or State Employees Relations Board (SERB) to hear the arbitration, and submit a copy of the letter or electronic filing receipt with the notice of intent to arbitrate the grievance. Upon receipt of the such list of seven arbitrators the parties may attempt to select one (71) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators once per arbitration. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall meet proceed to select an arbitrator within fourteen (14) calendar days strike alternately one name each from the date the list is receivedlist. The parties shall use the alternate strike method who strikes a name from the list of seven (7) arbitrators submitted to the parties by the FMCSfirst. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) individual whose name remains on the listlist after the other six (6) names have been removed shall be the arbitrator. The remaining name FMCS shall be designated as informed of the individual selected and request that such arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative assigned to the hearing grievance. The arbitrator shall be in accordance arrange with the rules parties the date, time and regulations place of the meeting. The parties may mutually agree upon an arbitrator without requesting a list from the FMCS. The arbitrator selection process will be completed as quickly as possible. Arbitration proceedings shall hold be conducted under the appellate voluntary labor arbitration promptly and issue a decision within a reasonable time thereafter.
3rules of the FMCS, except as modified by the provisions of this Agreement. The arbitrator shall determine conduct a fair and impartial hearing concerning the grievance, hearing, and recorded testimony from both parties. The arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. After a dispute on which the arbitrator is empowered to rule hereunder has been referred to him, either party may withdraw the dispute in writing by notifying the arbitrator. The issue of arbitrability may be submitted to the arbitrator before the merits of the grievance are heard. The grievant, the Union representative, and employee witnesses called by the Agency who appear at an arbitration hearing during their normal working hours, shall not suffer any loss in accordance pay. Employee witnesses, other than the grievant and the grievant's representative, called by the Union, will be permitted time off, with pay, to testify at an arbitration hearing if such time is during regularly assigned working hours, provided that the needs of the Agency and the safety of the individuals being served are not compromised. In the event of a conflict, the Agency and the Union will meet to resolve any witness scheduling issues. No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates or agreed extensions of this Agreement. At least seven (7) calendar days prior to the date scheduled for arbitration, the Union will notify the Agency of any employees who will need to be released from work to attend the arbitration hearing. The parties may agree to disclose witnesses, their expected testimony and the documents submitted seven (7) days prior to the hearing in an effort to settle the grievance. No decision by an arbitrator shall infringe upon the following:
a. The obligation of the Agency as expressed or intended by the provisions of Ohio Law;
b. The statutory obligations of the Agency;
c. The legal principles expressed by Ohio Supreme Court determination or by any other court of competent jurisdiction, or in the general body of legal principles which are applicable to Boards of DD and their functions. The arbitrator shall not change wage rates already in effect pursuant to this Agreement. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe such responsibilities, except as they may be altered by this Agreement. The arbitrator shall have no power to decide any questions that, under this Agreement, are solely within the responsibility of management to decide and not in conflict with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4Agreement. The arbitrator shall not have the authority or power to add to, subtract from, modifydisregard, change alter or alter modify any provision of the terms or provisions of this Agreement. The arbitrator may not make an award or decision that in effect grants either party that which it was unable clearly to secure during past collective bargaining negotiations. The arbitrator shall be confined solely expressly confine himself to the issues precise issue(s) submitted for arbitrationarbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The arbitrator shall not establish any new issue observations or different wage rates declarations of opinion that are not negotiated as part of this Agreement. In cases of discharge, suspension or reduction directly essential in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of reaching a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6issue(s) in question. The It is expressly understood that the decision of the arbitrator Arbitrator, within his/her function and authority as set forth herein, shall be final and binding upon the OPBA, the member both parties. The arbitrator's decision and the Township. Any cost involved in obtaining the list of arbitrators award shall be equally divided between in writing and will state the Township and rationale for the OPBAdecision. All costs directly related to the services The expense of the arbitrator shall be paid by the losing party. Expenses, if any, of the any non-employee witnesses shall be borne borne, if at all, by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Townshipwitness. The fees of the requesting party shall be responsible for paying court reporter shall be paid by the party asking for one. The fees of the court reporter fees; such fees, however, shall be split equally if both parties desire a court reporter’s recording, reporter or request a copy of any the transcript. The Township costs of the services of the arbitrator, the fee of the arbitrator and the arbitrator's housing and lodging, if any, shall be equally divided between the parties.
Section 9.6 Unless otherwise provided herein, all grievances must be processed at the proper step in order to be considered at subsequent steps, unless the parties agree, in writing, to waive certain steps. Any employee may withdraw a grievance at any point by submitting a written statement to that effect or by permitting the time requirements at any step to lapse without further appeal. Any grievance not incur any overtime expense as advanced to the next step by the grievant or the Union within the time limits in that step, shall be deemed resolved by the Agency's last answer. Any grievance not answered by the Agency within the time limits in that step, shall be deemed denied and may be presented by the grievant or the Union to the next step. Time limits may be extended by the Agency and the grievant or Union by mutual agreement in writing.
Section 9.7 A group grievance is a result grievance concerning two (2) or more bargaining unit members. A group grievance must identify by name, job classification or otherwise all employees affected by the issue and be signed by a majority of the affected employees. Group grievances may be initiated by the employee or the Union at Step Two of the grievance procedure, subject to the time limits of Step One.
Section 9.8 This grievance and arbitration procedure shall be the exclusive method of resolving disputes arising from the terms of this StepAgreement. This procedure shall be the exclusive remedy for the appeal of disciplinary actions as set forth in this Agreement to the extent not inconsistent with law. It is expressly understood that Ohio Revised Code Chapters 124 and 5126 have no applicability to bargaining unit members.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. (1. With respect to all non) If the member-disciplinary grievances and disciplinary cases involving grievant is not satisfied with the dischargeanswer in Step Three, suspension of three within twenty-one (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (1421) calendar days following such party’s after receipt of the written decision at Step 3. In the event the decision at Step 3 response, (or 21 days after the Step 3 meeting if no response is not referred received) the Labor Council may appeal to Arbitration by serving the Employer a notice of intent to arbitrate.
(2) Within twenty-one (21) days of the Employer's receipt of the notice of intent to file under the grievance arbitration within the time limits prescribedprocedure, the decision of the Trustees or Designee Labor Council, shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS)to hear the arbitration. Upon receipt of the such list of seven arbitrators the parties may meet and attempt to select one (71) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall meet then proceed to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate alternately strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on each from the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either Determination regarding which party shall have the right to elect to reject privilege of striking a name from the list in its entirety and to request first shall be resolved by the submission toss of a new seven coin. The individual whose name remains on the list after the other six (76) member panel, which election may only names have been removed shall be exercised oncethe arbitrator. All procedures relative The Federal Mediation and Conciliation Service shall be informed of the individual selected and request that such arbitrator be assigned to the hearing shall be in accordance with the rules and regulations of the FMCSgrievance. The arbitrator shall hold arrange with the appellate arbitration promptly parties, the date, time and issue place of the meeting. The parties may mutually agree upon an arbitrator without requesting a decision within a reasonable time thereafterlist from the FMCS.
(3. The arbitrator ) Arbitration proceedings shall determine be conducted under the grievance in accordance with the terms voluntary labor arbitration rules of the Agreement in effect on Federal Mediation and Conciliation Service, except as modified by the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision provisions of this Agreement. The arbitrator shall be confined solely to conduct a fair and impartial hearing concerning the issues submitted for arbitrationgrievance, hearing, and recorded testimony from both parties. The arbitrator shall not establish any new hear only one grievance at a time unless both parties agree to consolidate two (2) or different wage rates not negotiated as part of this Agreementmore grievances. In cases of discharge, suspension or reduction in rank, After a dispute on which the arbitrator shall have the authority is empowered to order modification of rule hereunder has been referred to said discipline for the offense charged. In the event of a monetary awardArbitrator, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure.
5. The question of arbitrability of a grievance such dispute may be raised withdrawn by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the Arbitrator and the rent, if any, for the hearing room shall be split equally between the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The fees of a court reporter shall be paid by the party asking for one. The fees of the court reporter , however, such fee shall be split equally if both parties desire a court reporter’s recording, reporter or request a copy of any the transcript. The Township grievant, the Union representative, and employee witnesses, called by either party, who appear at an arbitration hearing during their normal working hours shall not incur suffer any overtime expense as a result loss in pay. Member witnesses, other than the grievant and grievant representative, called by the Union, will be permitted time off, with pay, to testify at an arbitration hearing if such time is during regularly assigned working hours, provided that the needs of the County, the Sheriff's Office and the safety of the citizenry of the County are not compromised. Disputes may only be submitted to arbitration during the life of this StepAgreement or extensions. No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates or agreed extensions of this Agreement. No decision by an arbitrator shall infringe upon the following:
a. The obligation of the County or Sheriff's Office as expressed or intended by the provisions of Ohio Law;
b. The statutory obligations of the County or Sheriff's Office;
c. The legal principles expressed by Ohio Supreme Court determination or by any other Court of competent jurisdiction, or in the general body of legal principles that are applicable to Counties and their functions.
(4) Either party may raise the issue of arbitrability before the arbitrator. In the event such issue is raised, the first question to be addressed by the arbitrator shall be whether the grievance is arbitrable.
(5) The arbitrator shall not change wage rates already in effect pursuant to this Agreement. No award of any arbitrator shall be retroactive for a period more than three (3) years prior to the date of the filing of a grievance. The arbitrator shall conduct a fair and impartial hearing concerning the grievance, hearing and recording testimony from both parties and applying the rules of the Federal Mediation and Conciliation Service. The arbitrator shall not have the authority or power to add to, subtract from, disregard, alter or modify any of the terms or provisions of this Agreement. The Arbitrator may not make an award or decision that in effect grants either party that which it was unable clearly to secure during past collective bargaining negotiations. Any issue left unsettled by the parties when the Agreement is signed must be determined by the parties, not by an arbitrator. It is expressly understood that the decision of the arbitrator, within the arbitrators' function and authority as set forth herein, shall be final and binding upon the grievant(s) and both parties. The arbitrator's decision and award shall be in writing and will state the rationale for the decision. Any bargaining unit member who receives an arbitration award that includes an award for pay for time not actually worked, shall not be required to work the time for which they are compensated unless otherwise specified by the arbitrator.
(6) Any grievance must be completed and filed upon the authorized grievance form agreed to between the parties to this Agreement and provided by the Union. Such form shall provide for a statement of the grievance and its relevant facts; the particular provision of this Agreement that are alleged to have been misinterpreted, misapplied or violated; and, the remedy sought. Any grievance not advanced to the next step by the grievant or the Union within the time limits in that step, shall be deemed resolved by the employer's last answer. Any grievance not answered by the employer within the time limits in that step, shall automatically proceed to the next step. Time limits may be extended by the Employer, the Union and the grievant by mutual agreement in writing.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving a. If the discharge, suspension of three (3) days or more, or grievant is not satisfied with the reduction in rank, the OPBA may make a written request that the decision disposition of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In , or if no decision has been rendered within ten (10) school days after the event grievance was delivered to the decision at Step 3 Superintendent, whichever is not referred sooner, the Association may submit the grievance to arbitration in writing within twenty (20) working days.
b. Within ten (10) school days after such written notice of submission to arbitration, the District and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree on an arbitrator or to obtain such a commitment within the time limits prescribedspecified period, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from may be made to the Federal Mediation and State Conciliation Service (FMCS)by either party. Upon receipt The parties shall then be bound by the rules and procedures of the list American Arbitration Association in the selection of seven an arbitrator.
c. The arbitrator so elected shall confer with the representatives of the District and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (720) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date of the list is received. The parties shall use close of the alternate strike method hearings or, if oral hearings have been waived, then from the list of seven (7) arbitrators date the final statements and proofs on the issues are submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCShim/her. The arbitrator shall hold have initial authority to determine whether or not the appellate arbitration promptly dispute is arbitrable, and issue a decision within a reasonable time thereafter.
3once so determined, he/she shall proceed to determine the merits of the dispute. The arbitrator arbitrator’s decision shall determine the grievance be in accordance with the terms writing and shall set forth his/her findings of the Agreement in effect fact, reasoning, and conclusions on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreementissues submitted. The arbitrator shall be confined solely without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the agreement. The arbitrator shall have no authority to amend, modify, alter, add to, or subtract from this agreement unless the District and the Association agree to give him/her specific authorization to do so. He/she shall confine himself/herself to the precise issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the no authority to order modification of said discipline for limit or interfere with the offense charged. In the event of a monetary awardpowers, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One duties, and responsibilities of the Grievance Procedure.
5District under applicable law and the rules and regulations thereof having the force and effect of law. The question He/she shall be bound by the principles of arbitrability of a grievance may be raised law relating to contract interpretation followed by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6Oregon courts. The decision of the arbitrator shall be submitted to the District and the Association and shall be final and binding upon on the OPBA, the member and the Township. Any parties.
d. The cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to for the services of the arbitrator shall be paid by the losing party. Expensesarbitrator, including per diem expenses, if any, and actual and necessary travel subsistence expenses and the cost of the witnesses hearing room shall be borne equally by the party calling District and the witness except that member witnesses on duty time shall not lose any wages due from the TownshipAssociation. The fees of the court reporter Any other expense incurred shall be paid by the party asking incurring same.
e. The Association, for one. The fees of the court reporter shall itself and for its bargaining unit members, agrees there will be split equally if both parties desire a court reporter’s recordingno strike, work stoppage, slowdown, picketing, or request observance of a copy picket line over issues that are or may be processed as grievances. Violation of this paragraph will be grounds for disciplinary action, including, but not limited to, discharge without discourse to the grievance procedure.
f. The names of any transcript. The Township shall not incur any overtime expense as a result of this Stepwitnesses who will be used in arbitration must be made known to the other party seventy-two (72) hours prior to the first arbitration session.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving If the discharge, suspension of three (3) days or more, or Union is not satisfied with the reduction in rank, the OPBA may make a written request that the decision disposition of the underlying grievance be submitted at Step Three, it may submit the grievance to binding arbitration pursuant to Step Four, hereunder. A written request by filing a demand for appellate arbitration must be submitted to the other party same with the President or designee within fourteen twenty (1420) calendar days following such party’s receipt College Working Days of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final Three answer and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list panel of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service ("FMCS"). Upon receipt The arbitrators must have a business address within 125 miles of the list College. Each party may reject the panel of seven (7arbitrators offered by FMCS one time and request an alternate pane at their cost. After the parties have exercised their option to reject a panel of arbitrators, they shall attempt to agree upon an arbitrator from the panel(s) arbitratorsprovided by FMCS or shall alternately strike names from the panel. The parties shall determine who strikes first by a flip of a coin and alternate strikes until one name remains. The party who wins the coin toss decides whether they will strike first, or whether the other party will strike first. The agreed upon arbitrator or the last name on the panel after names are struck shall be selected as arbitrator. Except as provided by law, the parties shall meet not be permitted to select an arbitrator within fourteen (14) calendar days from assert in such arbitration proceedings any ground or to rely on any evidence not previously disclosed to the date the list is receivedother party. The parties Arbitrator shall use be without power to make decisions contrary to any, or inconsistent with, or modifying or varying in any way, the alternate strike method from applicable laws and regulations having the list force and effect of seven (7) arbitrators submitted to the parties by the FMCSlaw. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision of the arbitrator shall be final and binding upon the OPBAparties. Each party shall bear the full cost of its representation in the arbitration. The cost of the arbitrator and the FMCS shall be divided equally between the Board and the Union. If either party requests a transcript of the proceedings, that party shall bear the full cost of such transcript. If both parties request a transcript, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided. If the arbitrator requests a copy of the transcript, the cost shall be divided equally between the Township Board and the OPBAUnion. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses other expenses shall be borne by the party calling incurring them. If the witness except that member witnesses on duty time grievant and/or the Union shall not lose any wages due from fail to appeal a grievance to the Township. The fees of next step in a timely basis, the court reporter grievance shall be paid by deemed withdrawn. If the party asking for one. The fees of Board shall fail to answer any grievance within the court reporter shall time stipulated, the grievance may be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Stepappealed to the next step.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1A. If a grievance is not resolved at Step Three, AASD may request a hearing before an arbitrator. With respect to all non-disciplinary grievances and disciplinary cases involving The request shall be filed in the discharge, suspension of three Human Resource Services Division or designee within fifteen (315) days or more, or workdays after the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Townshipdivision representative becomes effective.
2. Upon B. Within five (5) workdays after receipt of a request for appellate arbitration, the Township Human Resource Services Division or designee and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly AASD agree to an arbitrator meet and review the pending arbitration case. If no agreement is reached, the Human Resource Services Division or designee shall request the State Mediation and Conciliation Service to supply a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration arbitrator shall be the first (1st) chosen by allowing each Party, in turn, to strike a name and alternate in this manner until out one (1) name remains on the listuntil only one (1) name remains. The remaining name determination of the Party to strike first shall alternate between AASD and the District.
C. The cost of arbitration shall be designated borne as follows:
1. The costs involved in obtaining the list of arbitrators, if any, shall be shared equally between the parties.
2. The District and AASD shall share equally in the payment for the services and expenses of the arbitrator.
3. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter.
▇. ▇▇▇▇▇▇ and limitations of the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations as follows: The function of the FMCS. The arbitrator shall be:
1. To hold a hearing concerning the appellate arbitration promptly and issue grievance, and
2. To render a binding decision within a reasonable period of time thereafterafter the hearing or receipt of closing briefs (if any).
3E. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants.
F. The arbitrator shall have the power to determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator shall determine may not decide any issue not submitted and may not interpret or apply the grievance in accordance with Agreement so as to change what can fairly be said to have been the terms intent of the Agreement in effect on the date Parties as determined by generally accepted rules of the incident giving rise to the grievance.
4contract construction. The arbitrator shall not have render any decision or award merely because in the authority to add to, subtract from, modify, change arbitrator's opinion such decision or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedureaward is fair and equitable.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. G. The decision of the arbitrator shall be final and binding based solely upon the OPBA, evidence and arguments presented by the member Parties in the presence of each other and the Township. Any cost involved upon arguments presented in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of briefs.
H. No decision rendered by the arbitrator shall be paid by retroactive beyond the losing party. Expenses, if any, beginning of the witnesses shall be borne by last payroll period prior to the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Townshipfifteen (15) workday period for filing a grievance specified in Step One of this grievance procedure. The fees arbitrator shall have no power to render an award in any grievance during any period of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recordingtime in which AASD or its members (when encouraged, supported, or request sanctioned in any way by AASD) are involved in unprotected concerted activities or a copy of any transcript. The Township shall not incur any overtime expense as a result of this Stepstrike.
Appears in 1 contract
Sources: Collective Negotiations Contract
Step Four - Arbitration. 1A. If a grievance is not resolved at Step Three, AASD may request a hearing before an arbitrator. With respect to all non-disciplinary grievances and disciplinary cases involving The request shall be filed in the discharge, suspension of three Labor Relations Division or designee within fifteen (315) days or more, or workdays after the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Townshipdivision representative becomes effective.
2. Upon B. Within five (5) workdays after receipt of a request for appellate arbitration, the Township Labor Relations Division or designee and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly AASD agree to an arbitrator meet and review the pending arbitration case. If no agreement is reached, the Labor Relations Division or designee shall request the State Mediation and Conciliation Service to supply a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration arbitrator shall be the first (1st) chosen by allowing each Party, in turn, to strike a name and alternate in this manner until out one (1) name remains on the listuntil only one
(1) name remains. The remaining name determination of the Party to strike first shall alternate between AASD and the District.
C. The cost of arbitration shall be designated borne as follows:
a. The costs involved in obtaining the list of arbitrators, if any, shall be shared equally between the parties.
b. The District and AASD shall share equally in the payment for the services and expenses of the arbitrator.
c. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter.
▇. ▇▇▇▇▇▇ and limitations of the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations as follows: The function of the FMCS. The arbitrator shall be:
1. To hold a hearing concerning the appellate arbitration promptly and issue grievance, and
2. To render a binding decision within a reasonable period of time thereafterafter the hearing or receipt of closing briefs (if any).
3E. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants.
F. The arbitrator shall have the power to determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator shall determine may not decide any issue not submitted and may not interpret or apply the grievance in accordance with Agreement so as to change what can fairly be said to have been the terms intent of the Agreement in effect on the date Parties as determined by generally accepted rules of the incident giving rise to the grievance.
4contract construction. The arbitrator shall not have render any decision or award merely because in the authority to add to, subtract from, modify, change arbitrator's opinion such decision or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedureaward is fair and equitable.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. G. The decision of the arbitrator shall be final and binding based solely upon the OPBA, evidence and arguments presented by the member Parties in the presence of each other and the Township. Any cost involved upon arguments presented in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of briefs.
H. No decision rendered by the arbitrator shall be paid by retroactive beyond the losing party. Expenses, if any, beginning of the witnesses shall be borne by last payroll period prior to the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Townshipfifteen (15) workday period for filing a grievance specified in Step One of this grievance procedure. The fees arbitrator shall have no power to render an award in any grievance during any period of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recordingtime in which AASD or its members (when encouraged, supported, or request sanctioned in any way by AASD) are involved in unprotected concerted activities or a copy of any transcript. The Township shall not incur any overtime expense as a result of this Stepstrike.
Appears in 1 contract
Sources: Collective Negotiations Contract
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 answer of the Township Board is not referred unsatisfactory, the Union may submit the written grievance to arbitration within twenty (20) business days following the time limits prescribedreceipt of the Step Three answer. Written notice from the Union to the Employer shall constitute a request for arbitration. The Employer and the Union shall meet within seven (7) business days after notice of the arbitration has been given for the purpose of selecting an arbitrator. If the parties are unable to agree upon an arbitrator, the Michigan Employment Relations Commission (MERC) shall be requested by either or both parties to provide a panel of arbitrators pursuant to its rules then in effect. The parties shall attempt to select an arbitrator from the panel within ten (10) business days. If there is no selection from the list, the parties shall request MERC provide a second panel of arbitrators. The parties shall attempt to select an arbitrator from this list within ten (10) business days. If there is no selection made from the second list, MERC shall appoint the arbitrator. MERC rules shall apply to all arbitration hearings. Arbitrators shall be requested to issue their decision within thirty (30) business days after the conclusion the hearing and submission of briefs. The decision of the Trustees or Designee shall arbitrator will be final and binding upon on all parties and judgment therein may be entered in any Court of competent jurisdiction. Fees and authorized (by both parties) expenses for the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties be shared equally by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name Employer and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCSUnion. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the no authority to add to, to or subtract from, modifyalter, change change, or alter modify any provision of the provisions of this Agreement. The Arbitrator shall not substitute their judgment for that of the Employer where the Employer’s judgment and actions are based upon reasonable cause and do not violate the written provisions of this Agreement. The arbitrator may make no award which provides the employee compensation greater than would have resulted if there had been no violation. Failure of the grievant or Union to appeal the decision with the specified time limits shall be confined solely to deemed a withdrawal of the issues submitted for arbitrationgrievance and shall bar further action or appeal. The arbitrator grievance shall be allowed if the Employer fails to render a decision on a grievance within the thirty (30) business days’ time limit. Steps of the grievance procedure may be waived upon consent of the parties. The grievant may withdraw a grievance at any step of the procedure. Any grievance(s) so withdrawn shall not establish be reinstated. Time limits herein provided for may be extended upon written consent of both parties. Notwithstanding any new or different wage rates not negotiated as part of the provisions of this Agreement. In cases of discharge, suspension or reduction in rankArticle, the arbitrator shall have Union may commence any grievance not arising from the authority to order modification daily work routine directly with the Township Supervisor Step of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedureprocedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving If the discharge, suspension of three (3) days or more, or the reduction in rankanswer at Step Three is unsatisfactory, the OPBA grievance may make a written request that the decision of the underlying grievance be submitted by the Council to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s after receipt of the written decision Director of Public Safety’s answer at Step 3. In Three or the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision failure of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt Director of a request for appellate arbitration, the Township and the OPBA shall, Public Safety to answer within fourteen (14) calendar days following as set forth in Step Three. The Council must serve by certified U.S. Mail both the request for arbitration, jointly Director of Public Safety and the Director of Administration with written notice of intent to appeal a grievance to arbitration within fourteen (14) calendar days after receipt of the Director of Public Safety’s answer at Step Three. The Council may serve notice via personal service if it can secure the written acknowledgement of receipt by both the Director of Public Safety and Director of Administration. The parties shall attempt to agree to on an arbitrator within ten (10) calendar days. The arbitrator shall be notified of his or her selection by a joint letter from the Employer and the Council, requesting that he or she set a time and place for the hearing, subject to the availability of the Employer and Union representatives and shall be notified of the issue. In the absence of agreement on a neutral arbitrator, the parties shall file a joint request a list of seven (7) impartial arbitrators from with the Federal Mediation and Conciliation Service (“FMCS). Upon receipt of the list of seven (7”) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. In the event that the District’s representative does not sign and submit said request to FMCS or return it to the Council fully signed within ten (10) calendar days after receipt by the District’s representative, the Council may file a request that is consistent with the provision of this subsection with the FMCS signed only by it with notice to the District. The parties agree to request the FMCS to limit the panel to members of the National Academy of Arbitrators who reside within a radius of 150 miles from the City of Chicago. The District and the Council shall have the right alternately to strike names from the panel. One party shall strike a name, the other party shall then strike a name, and this procedure shall continue until one name remains. The person remaining shall be the arbitrator. The parties shall participate in a coin toss to determine which party shall strike the first name from the panel. The arbitrator shall be notified of his or her selection and shall be requested to set a time and place for the hearing, subject to the availability of Council and District’s representatives. Both parties agree to attempt to arrive at a joint stipulation of the facts and issues as outlined to be submitted to the parties by the FMCSarbitrator. The party requesting Employer or the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party Council shall have the right to elect to reject the list in its entirety and to request the submission arbitrator to require the presence of a new seven (7) member panel, which election may only be exercised oncewitnesses and/or documents. All procedures relative to Each party shall bear the hearing expense of its own witnesses who are not employees of the Employer. Questions of arbitrability shall be in accordance with decided by the rules and regulations of the FMCSarbitrator. The arbitrator shall hold make a preliminary determination on the appellate arbitration promptly and issue question of arbitrability. Once a decision within a reasonable time thereafter.
3. The determination is made that the matter is arbitrable or if such preliminary determination cannot be reasonably made, the arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to neither amend, modify, nullify, ignore, add to, nor subtract from, modify, change or alter any provision from the provisions of this Agreement. The All the expenses and fees of the arbitrator and the cost of the hearing room shall be confined solely to shared equally by the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6parties. The decision and award of the arbitrator shall be final and binding upon on the OPBAEmployer, the member Council, and the Townshipemployee or employees involved. Any cost involved in obtaining If either party desires a verbatim record of the list of arbitrators shall proceedings, it may cause such a record to be equally divided between made, providing it pays for the Township and the OPBArecord. All costs directly related to If either party uses the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses an expert witness such cost shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Stepparty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 grievance is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee grievance shall be final and binding considered resolved based upon the OPBA, the member and the TownshipStep Four reply.
2. Upon receipt of a request for appellate arbitration, the Township City and the OPBA Lodge shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator Arbitrator or request a list of seven (7) impartial arbitrators labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS)) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is receivedarbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration first strike shall be by coin-toss and the first (1st) to strike a name and parties shall then alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator Arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. If the Lodge and City have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator Arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator Arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator Arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator Arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator Arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, discharge or of suspension or reduction in rank, the arbitrator Arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator Arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedurefirst presented.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable nonarbitrable or beyond the arbitrator’s 's jurisdiction. The first question to be placed before the arbitrator Arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator Arbitrator determines the grievance is not arbitrable, the arbitrator Arbitrator shall render no decision on the merits.
6. The decision of the arbitrator Arbitrator shall be final and binding upon the OPBALodge, the member and the TownshipCity. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township City and the OPBALodge. All costs directly related to the services service of the arbitrator Arbitrator shall be paid by divided equally between the losing partyCity and the Lodge. Expenses, if any, of the witnesses shall be borne by the party calling the witness witness, except that member witnesses on duty time shall not lose any wages due from the TownshipCity. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s 's recording, or request a copy of any transcript. The Township City shall not incur any overtime expense as a result of this Stepprovision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving If the dischargeUnion is not satisfied with the answer in Step Three, suspension of three within thirty (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (1430) calendar days following such partyafter receipt of the Step Three response, the Union may appeal to arbitration by serving the Employer a written notice of intent to arbitrate. Verbal and written reprimands are not eligible for arbitration. Within thirty (30) calendar days of the Employer’s receipt of the written decision at Step 3. In notice of intent to file under the event the decision at Step 3 is not referred to grievance arbitration within the time limits prescribedprocedure, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member Employer and the Township.
2. Upon receipt of a request Union shall jointly, by letter or on-line, solicit nominations for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS)Services to hear the arbitration. Upon receipt of the such list of seven arbitrators the parties may meet and attempt to select one (71) arbitrator from the list. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option to strike may be exercised by both parties once in any one (1) grievance. If either party does not choose to strike the entire panel of proposed arbitrators, but the parties fail to agree on the selection of one (1) arbitrator, the parties shall meet then proceed to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate alternately strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on each from the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either Determination regarding which party shall have the right to elect to reject privilege of striking a name from the list in its entirety and to request first shall be resolved by the submission toss of a new seven (7) member panel, which election may only be exercised oncecoin. All procedures relative to The individual whose name remains on the hearing list after the other names have been removed shall be in accordance with the rules and regulations of the FMCSarbitrator. The arbitrator shall hold arrange with the appellate arbitration promptly parties, the date, time and issue a decision within a reasonable time thereafter.
3place of the meeting. The parties may mutually agree upon an arbitrator without requesting a list from the Federal Mediation and Conciliation Services The Union shall determine notify the grievance in accordance with the terms of the Agreement in effect on arbitrator they have been selected within forty-five days from the date of selection. If the incident giving rise Union fails to notify the grievance.
4arbitrator of the selection within the time period set forth above, the grievance shall be deemed resolved and will no longer be eligible for arbitration. The arbitrator Arbitration proceedings shall not have be conducted under the authority to add tovoluntary labor arbitration rules of the Federal Mediation and Conciliation Services, subtract from, modify, change or alter any provision except as modified by the provisions of this Agreement. The arbitrator shall be confined solely to conduct a fair and impartial hearing concerning the issues submitted for arbitrationgrievance, and may consider the testimony, evidence and documents received during the hearing. The arbitrator shall not establish any new hear only one grievance at a time unless both parties agree to consolidate two (2) or different wage rates not negotiated as part of this Agreementmore grievances. In cases of discharge, suspension or reduction in rank, After a dispute on which the arbitrator shall have is empowered to rule hereunder has been referred to him, such dispute may be withdrawn by the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date party which advanced the grievance was presented to the Township in Step One of the Grievance Procedure.
5arbitration. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision fees of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining rent, if any, for the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator hearing room shall be paid by the losing party. ExpensesThe arbitrator shall determine, if anyin his/her finding of facts and conclusions, which party lost the Grievance Arbitration and is responsible for the above-mentioned fees. The expense of the any non-employee witnesses shall be borne borne, if at all, by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Townshipwitness. The fees of the a court reporter shall be paid by the party asking for one. The fees of the court reporter , however, such fee shall be split equally if both parties desire a court reporter’s recording, reporter or request a copy of any the transcript. No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates or agreed extensions of this Agreement. No decision by an arbitrator shall infringe upon the rights or obligations of the Employer as expressed or intended by the provisions of Ohio law, except as specifically modified by the express written provisions of this Agreement. Either party may raise the issue of arbitrability before the arbitrator. In the event such issue is raised, the first question to be addressed by the arbitrator shall be whether the grievance is arbitrable unless the parties mutually agree otherwise. The Township arbitrator shall not incur change wage rates already in effect pursuant to this Agreement. The arbitrator shall conduct a fair and impartial hearing concerning the grievance, hearing and recording testimony from both parties and applying the rules of the Federal Mediation and Conciliation Services. The arbitrator shall not have the authority or power to add to, subtract from, disregard, alter or modify any overtime expense as a result of the terms or provisions of this StepAgreement. The arbitrator shall not grant prospective, equitable relief that extends beyond the term of this Agreement. It is expressly understood that the decision of the arbitrator, within his/her function and authority as set forth herein, shall be final and binding upon both parties. The arbitrator's decision and award shall be in writing and will state the rationale for the decision.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving If the discharge, suspension of three (3) days or more, or the reduction grievance disposition given in rankStep Three is not considered satisfactory, the OPBA Association may make a written request that elect to take the decision grievance to arbitration. If it does not do so, in the manner herein provided, the grievance shall be deemed to have been settled on the basis of the underlying grievance disposition given to it in Step Three, and its subject matter shall not be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted resubmitted to the other party within fourteen (14) calendar days following such party’s receipt grievance procedure. If the Association wishes to appeal denial of a grievance in Step Three, a Representative of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA Association shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter.
3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior after the date of the Employer’s disposition in Step Three, notify the Employer in writing that it elects to take the matter to arbitration. This time limit may be extended by the mutual written agreement of the Employer and the Association. Upon receipt of the election to arbitrate by the Hospital, the parties shall proceed in the following manner: The parties shall use the following panel of three (3) arbitrators on a rotating basis in alphabetical order: The parties agree that the above list shall continue until such time either party desires to change or modify the list. The party desiring the change or modification must notify the other party to this Agreement in writing. Upon such notification, the parties will meet to review the list and mutually agree upon a new or revised panel of arbitrators. Failing agreement, the list will remain as set forth above. Without mutual agreement between the Association and the Hospital, no more than one (1) grievance may be consolidated into a single arbitration hearing. In the event that the arbitrators named above are unavailable, the arbitrator will be selected from a list of arbitrators submitted by the American Arbitration Association. A list of seven (7) arbitrators will be requested, with each party having the right to strike three (3) names, alternately. The arbitrator remaining on the list shall serve as the independent arbitrator. If more than one case is demanded on the same date, the arbitrator will be assigned based on the date the grievance was presented filed, the oldest first. The Employer, the Association, and the arbitrator, shall be subject to the Township in Step One following, which shall control if there be conflict with a rule of the Grievance Procedure.
5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.American Arbitration Association:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Step Four - Arbitration. 1. With respect to all non-disciplinary grievances and disciplinary cases involving a. If the discharge, suspension grievant is not satisfied with the disposition of three (3) days or morethe grievance at Step 3Three, or if no decision has been rendered within ten (10) school days after the reduction in rankgrievance was delivered to the Superintendent, whichever is sooner, the OPBA Association may make a written request that submit the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration in writing within twenty (20) working days.
b. Within ten (10) school days after such written notice of submission to arbitration, the District and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree on an arbitrator or to obtain such a commitment within the time limits prescribedspecified period, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township.
2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from may be made to the Federal Mediation and State Conciliation Service (FMCS)by either party. Upon receipt The parties shall then be bound by the rules and procedures of the list American Arbitration Association in the selection of seven an arbitrator.
c. The arbitrator so elected shall confer with the representatives of the District and the Association and hold hearings promptly and shall issue his/her decision not later than twenty (720) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date of the list is received. The parties shall use close of the alternate strike method hearings or, if oral hearings have been waived, then from the list of seven (7) arbitrators date the final statements and proofs on the issues are submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCShim/her. The arbitrator shall hold have initial authority to determine whether or not the appellate arbitration promptly dispute is arbitrable, and issue a decision within a reasonable time thereafter.
3once so determined, he/she shall proceed to determine the merits of the dispute. The arbitrator arbitrator’s decision shall determine the grievance be in accordance with the terms writing and shall set forth his/her findings of the Agreement in effect fact, reasoning, and conclusions on the date of the incident giving rise to the grievance.
4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreementissues submitted. The arbitrator shall be confined solely without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the agreement. The arbitrator shall have no authority to amend, modify, alter, add to, or subtract from this agreement unless the District and the Association agree to give him/her specific authorization to do so. He/she shall confine himself/herself to the precise issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the no authority to order modification of said discipline for limit or interfere with the offense charged. In the event of a monetary awardpowers, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One duties, and responsibilities of the Grievance Procedure.
5District under applicable law and the rules and regulations thereof having the force and effect of law. The question He/she shall be bound by the principles of arbitrability of a grievance may be raised law relating to contract interpretation followed by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits.
6Oregon courts. The decision of the arbitrator shall be submitted to the District and the Association and shall be final and binding upon on the OPBA, the member and the Township. Any parties.
d. The cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to for the services of the arbitrator shall be paid by the losing party. Expensesarbitrator, including per diem expenses, if any, and actual and necessary travel subsistence expenses and the cost of the witnesses hearing room shall be borne equally by the party calling District and the witness except that member witnesses on duty time shall not lose any wages due from the TownshipAssociation. The fees of the court reporter Any other expense incurred shall be paid by the party asking incurring same.
e. The Association, for one. The fees of the court reporter shall itself and for its bargaining unit members, agrees there will be split equally if both parties desire a court reporter’s recordingno strike, work stoppage, slowdown, picketing, or request observance of a copy picket line over issues that are or may be processed as grievances. Violation of this paragraph will be grounds for disciplinary action, including, but not limited to, discharge without discourse to the grievance procedure.
f. The names of any transcript. The Township shall not incur any overtime expense as a result of this Stepwitnesses who will be used in arbitration must be made known to the other party seventy-two (72) hours prior to the first arbitration session.
Appears in 1 contract
Sources: Collective Bargaining Agreement