21.10.1 Arbitrability Of Grievance
Grievances directly and primarily involving the application, alleged violation, or interpretation of this Memorandum, except as otherwise provided in this Memorandum, are arbitrable. If a grievance is submitted to arbitration by the Union, neither offer for settlement nor concessions for settlement made during the grievance procedure shall be admissible in arbitration.
21.10.2 Arbitration – Timing Of
Following completion of the Third Step of the grievance procedure provided herein, if the grievance is subject to arbitration and remains unresolved, the Union on behalf of the grievant may request arbitration. The request for arbitration must be written and given to the County Counsel and the Employee Relations Manager, in writing, within 15 days of the receipt of the response from Step Three.
The moving party shall, within thirty (30) days of submitting a written request for arbitration, begin the process for selecting an arbitrator and scheduling a hearing date. An extension of the thirty (30)-day timeline must be requested in writing by either party and agreed upon by both parties. Failure to comply with the timelines set forth in this section or other timeline mutually agreed upon by the parties shall immediately terminate the grievance and all rights provided under the grievance procedure.
21.10.3 Arbitration – Selection Of Arbitrator
An arbitrator may be selected by mutual agreement of the County and the Union.
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21.10.4 Arbitration Panel – Selection Of Arbitrator
If the County and the Union are unable to reach a mutual agreement on the selection of an arbitrator within 24 calendar days from the date the request for arbitration is submitted to County Counsel and the Employee Relations Manager (Section 21.10.2), the arbitrator next on this list of qualified arbitrators shall be automatically appointed. Once an arbitrator has been appointed and utilized for an arbitration, that arbitrator shall be placed at the bottom of the list.
- Andrea Dooley
- Chris Burdick
- Carol Vendrillo
- Barry Winograd
- Ruth Glick
Both the Union and the County shall have one preemptory challenge per arbitration. No party shall have more than one preemptory challenge per arbitration.
In the event that such a challenge is made, the parties agree that the arbitrator next in order on the panel list shall be automatically appointed.
If a selected arbitrator is not available to schedule dates during the 90 calendar days after the arbitration is assigned, the arbitrator next in order on this panel list shall be automatically appointed. The parties may mutually agree to waive the 90 calendar days.
If any arbitrator on the panel becomes permanently unavailable, the parties shall mutually agree on a replacement arbitrator. In the event the parties are unable to reach agreement on a replacement arbitrator, the parties shall submit a request to the California State Conciliation Service for a list of eleven (11) qualified arbitrators. The parties shall select the replacement arbitrator by alternately striking names with the first strike determined by chance.
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