Common use of Step IV Clause in Contracts

Step IV. a. If the grievance is not resolved at mediation, the MCFSE may request that the grievance be submitted to a neutral arbitrator. Such request must be in writing within ten (10) days to the Superintendent. b. The arbitrator shall be selected from a list received by the parties from the California Mediation and Conciliation Service. c. Selection shall be made by each party alternately striking names until one (1) name remains. d. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. The arbitrator shall only address the issue(s) of the grievance as presented by the parties. e. The arbitrator shall conduct a hearing at which both parties may present evidence. After completing the hearing, and after both parties have had an opportunity to make oral and/or written arguments, the arbitrator shall make a decision. The arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and a proposed decision on the issues submitted. The proposed decision shall be advisory to the Superintendent. If the Superintendent overrules the proposed decision of the arbitrator, the fees and expenses of the arbitrator and reporter, if any, shall be borne by the County Office. f. Except as provided in Section C(4)(e), the fees and expenses of the arbitrator shall be borne equally by the County Office and MCFSE. Any other costs shall be borne by the party that unilaterally incurs them.

Step IV. a. If the grievance is not resolved at mediation, the MCFSE may request that the grievance be submitted to a neutral arbitrator. Such request must be in writing within ten (10) days to the Superintendent. b. The arbitrator shall be selected from a list received by the parties from the California Mediation and Conciliation Service. c. Selection shall be made by each party alternately striking names until one (1) name remains. d. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. The arbitrator shall only address the issue(s) of the grievance as presented by the parties. e. The arbitrator shall conduct a hearing at which both parties may present evidence. After completing the hearing, and after both parties have had an opportunity to make oral and/or written arguments, the arbitrator shall make a decision. The arbitrator’s decision shall be in writing and shall set forth findings of fact, fact reasoning, and a proposed decision on the issues submitted. The proposed decision shall be advisory to the Superintendent. If the Superintendent overrules the proposed decision of the arbitrator, the fees and expenses of the arbitrator and reporter, if any, shall be borne by the County Office. f. Except as provided in Section C(4)(e), the fees and expenses of the arbitrator shall be borne equally by the County Office and MCFSE. Any other costs shall be borne by the party that unilaterally incurs them.

Step IV. a. If the grievance is not resolved at mediation, the MCFSE may request that the grievance be submitted to a neutral arbitrator. Such request must be in writing within ten (10) days to the Superintendent. b. The arbitrator shall be selected from a list received by the parties from the California Mediation and Conciliation Service. c. Selection shall be made by each party alternately striking names until one (1) name remains. d. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the employer. The arbitrator shall only address the issue(s) of the grievance as presented by the parties. e. The arbitrator shall conduct a hearing at which both parties may present evidence. After completing the hearing, and after both parties have had an opportunity to make oral and/or written arguments, the arbitrator shall make a decision. The arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and a proposed decision on the issues submitted. The proposed decision shall be advisory to the Superintendent. If the Superintendent overrules the proposed decision of the arbitrator, the fees and expenses of the arbitrator and reporter, if any, shall be borne by the County Office. f. Except as provided in Section C(4)(e)above, the fees and expenses of the arbitrator shall be borne equally by the County Office and MCFSE. Any other costs shall be borne by the party that unilaterally incurs them.