2024-245 - Laserfiche WebLink

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such time is mutually extended in writing. If the grievance is regarding discipline that was administered following a pre-determination hearing held by the department head, the parties agree the Step 2 hearing shall be held by the Assistant County Administrator or Deputy County Administrator. If the department head, Assistant County Administrator or Deputy County Administrator fails to issue a timely response, then the grievance may be filed to Step 3. Step 3: If the grievance is not settled in Step 2 , the aggrieved employee, within ten (10) business days of the time that the Step 2 decision was rendered, shall forward the written grievance to the County Administrator or his designee. The County Administrator or his designee shall meet with the aggrieved employee, within ten (10) working days, unless mutually agreed otherwise, who may be accompanied by the union steward, the chief steward, and business representative to obtain the facts in the case. The County will attempt to coordinate the meeting with both the grievant and the Union. The County Administrator or his designee shall forward his decision to grievant with a copy to the union within ten (10) business days of the Step 3 meeting, unless this period of time is extended by mutual agreement of both parties. Step 4: In the event that the grievance is not settled at Step 3 within the time allowed, it may then be submitted to arbitration. Nothing herein will prevent the parties from mutually agreeing to seek resolution through mediation. The Union and only the Union shall have the exclusive right to proceed to arbitration on behalf of all the bargaining unit members. Submission to arbitration must be made within ten (10) days of the time that the Step 3 hearing decision was rendered; provided, however, this period may be extended upon the mutual agreement of both parties. In addition, a request for arbitration must be sent to the Federal Mediation and Conciliation Service (FMCS) no later than fifteen (15) days following the request to arbitrate. Upon the County's request to strike the panel to select an arbitrator, the Union shall have thirty (30) days to do so or such grievance shall not be subject to arbitration. If the parties fail to agree in the first instance of an appointment, the Federal Mediation and Conciliation Service shall be requested to provide a panel of arbitrators from which a selection shall be made. Hearings before the arbitrator shall be conducted in accordance with the rules of the Federal Mediation and Conciliation Service. The arbitrator's decision shall be final and binding on the parties, but no arbitrator shall have the power to alter, modify, amend, add to, or detract from the terms and conditions of the agreement. 24.5 As promptly as possible after the arbitrator has been selected, the arbitrator shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the union and the County in writing. It shall be the obligation of the arbitrator to make a best effort to rule within 30 calendar days after the hearing and receipt of post-hearing briefs. The expenses of the arbitration, including the fee and expense of the arbitrator, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless the parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. 34