Agenda - Council - 11/27/2018 - Laserfiche WebLink

Home

give LELS the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by LELS within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by LELS and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give LELS the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appeal + Step 4 within ten (10) calendar days following the Employer designated representative' al a wer in Step 3. Any grievance not appealed in writing to Step 4 by LELS within 0) calendar days shall be considered waived. Step 3A. A grievance unresolved in Step submitted to mediation subject to Public Employees p aled to Relations Act (P by LELS may be Step 4. A grievance unresolved i St 3A a''+ appealed to -1 4 by LELS shall be submitted to arbitration subject to the prow ons of the Public Em. oyment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of ances" as establi '-+ by state law. 6.5 Arbitrator's Authority. A. The arbitrator shall have no riet to amens d odify, nullify, ignore, add to or subtract from the terms and conditions of this A Bement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and LELS, and shall have no authority to make a decis.0n„on another issue not submitted. B. die arbitrator siidB be wit oer to make decisions contrary to or inconsistent with or edifying or varying in any way the application of laws, rules or regulations having the force . a effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) day fo W ing the close of the heari'or the submission of briefs by the parties, whichever be later, unless the parties agree to an ex nsion. The decision shall be binding on both the Employer and LELS and s be based solely on the arbitrator's interpretation or application of the express terms of this Agri,nt any the facts of the grievance presented. C. The fee, . d expenses for the arbitrator's services and proceedings shall be borne equally by the Emplo er and LELS provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 6.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time 6