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2003-345
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2003-345
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Last modified
1/23/2017 1:32:32 PM
Creation date
9/30/2015 7:10:31 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2003
Control Number
2003-345
Agenda Item Number
11.D.1
Entity Name
Teamsters Local Union No. 769
Subject
Collective Bargaining Agreement Emergency Services District
12/16/2003 to 09/30/2006
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3561
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Step 4 — Arbitration <br /> If the grievance is not settled in accordance with the foregoing procedure, the Union <br /> may request arbitration by requesting a list of arbitrators from the Federal Mediation <br /> and Conciliation Service no later than fifteen days after receipt of the decision from <br /> Step 3 . The grievance shall not be amended, and if the Union fails to appeal to <br /> arbitration within said fifteen days, the Administrator' s Step 3 answer shall be final <br /> and binding on the employee and the Union. The cost of the arbitrators list shall be <br /> borne by the party requesting the list. Upon receipt of the list, the parties shall strike <br /> names alternatively from the list . The decision shall be in writing and shall set forth <br /> the arbitrator' s opinion and conclusions on the issue(s) submitted and the appropriate <br /> remedy, if any. The arbitrator shall limit the decision strictly to the application and <br /> interpretation of the specific provisions of this Agreement and shall be without power <br /> or authority to make any decisions: <br /> a) contrary to, or inconsistent with, adding to, subtracting from, or <br /> modifying, altering or ignoring in any way, the terms of this <br /> Agreement or applicable law or rules or regulations having the full <br /> force and effect of law, <br /> b) limiting or interfering in any way with the powers, duties and <br /> responsibilities of the County under applicable law and County <br /> ordinances. <br /> The decision of the arbitrator, if made in accordance with jurisdiction and authority <br /> under this Agreement, shall be final and binding on the parties. In reaching a <br /> decision in all cases, the arbitrator shall utilize a preponderance of the evidence <br /> standard of proof. The arbitrator may fashion an appropriate remedy where he finds a <br /> violation of this Agreement, but no liability/penalty, monetary or otherwise, shall <br /> accrue against the County. With respect to grievances involving demotions, <br /> suspensions or termination of employment, the arbitrator shall not modify the <br /> County' s disciplinary action unless it is found the County' s action was arbitrary or <br /> capricious. However, this shall not eliminate the proper cause provision contained in <br /> Article 2 . <br /> The parties to the arbitration shall divide the expenses and fees of the arbitrator. Each <br /> party shall be responsible for compensating and paying the expenses of its own <br /> representatives and witnesses, except that the employee filing the grievance and the <br /> Union representative shall be excused without loss of pay if the arbitration hearing is <br /> held during their regular working hours. <br /> Section 4 - General Provisions : Failure to initiate a grievance within the time limit in <br /> Section 3 above shall be deemed a waiver of the grievance . Failure at any step of this <br /> procedure to submit a grievance to the next step within the specified time limit shall be <br /> deemed to be acceptance of the decision at that step . Failure at any step of this procedure <br /> to communicate the decision on the grievance within the specified time limit shall permit <br /> the employee, or Union where appropriate, to proceed to the next step . The number of <br /> days indicated at each step should be considered as a maximum, and every effort should <br /> 6 <br />
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