2020-114 Resolution - Laserfiche WebLink

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Conciliation Service (FMCS) of its intent to arbii:rate the grievance. Upon notice of the [.)mons Intent to Arbitrate, FMCS shall submit a panel of fifteen (15) arbitrators to each party and the arbitrator shall be chosen in accordance with FNl('S's applicable rules. Ifthe Union docs not send this intent to appeal to the Employer within thirty (30) days, then the grievance shall be considered withdrawn. The fees and expenses of the arbitrator, the meeting room and stenographic service shall be borne by the losing party. The affected employee shall be required to attend the aforementioned meeting. The fees will be split ifthere is a split award. 7.03 In the event a grievance goes to arbitration, the arbitrator shall have jurisdiction only over disputes arising out of grievances and the arbitrator shall have no authority to add to, subtract from or modify in any way, the provisions of this Agreement. The arbitration will be conducted under the voluntary labor arbitration rules of the Amcrican Arbitration Association. 7.04 All awards of the arbitrator and all pre-arbitration grievance settlements reached by the Union and the Employer shall be final, binding. and conclusive on the Employer, the Union, and the employees. A grievance may be withdrawn without prejudice by the Union at any time during Steps 1, 2, 3 or 4 of the grievance procedure. All monies agreed to be due in a pre- arbitration settlement or following an arbitration award shall be paid to the employee on the payday for the pay period following the date of the agreement as to the exact amount owed. Such sum shall be issued in a separate payroll check. 7.05 No grievance will be processed unless it is filed within the tirrie limit established for filing grievances. If grievance is not appealed by the Union to the next higher step within the time limits established in the grievance procedure, the grievance will be deemed to be settled on the basis of the E'mployer's last answer. If the Employer fails to answer a grievance within the time limits, the grievance will automatically be appealed to the third step in the grievance procedure. 7.06 The time limits set forth in the grievance procedure shall. unless extended by mutual written agreement of the Employer and the I_Inion, be binding on both parties. Working days' as used in the grievance procedure shall not include Saturdays, Sundays or holidays. 7.07 In determining the time periods provided for under the grievance procedure, the initial day of the operative event shall be excluded and the required number of days shall then be computed successively, excluding Saturdays, Sundays, and holidays. 7.08 A policy grievance is defined to mean a grievance in which a controversy has been raised, the nature of which, if not resolved will affect the entire bargaining unit or members within the bargaining unit who have a commonality of interest in the outcome of the grievance. Such policy grievance shall be filed within the time constraints established in Section 2, Step 1, of this Article, and shall be heard on a Step 3 level of the grievance procedure. ARTICLE 8 PROBATIONARY PERIOD 8.01 Newly hired employees shall be considered to be on probation for a period of One Hundred and F,ighty (180) calendar days. During this probationary period, the employee shall