Agmt 1995 Alameda County Fire District ACFD

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SECTION 18. GROANCE PROCEDURE (Cont'd) • DV A , a ! • F. BINDING ARBITRATION OF GRIEVANCES. In the event that the grievance is not resolved at Step 5 of subsection D. herein, the grievant or his/her representative may, within thirty days after receipt of the decision of the department head made pursuant to said sub - paragraph (d), request that the grievance be heard by an arbitrator. G. INFORMAL REVIEW BY DIRECTOR. Prior to the selection of the arbitrator and submission of the grievance for hearing by said arbitrator, the Office of the Director of Personnel and Labor Relations shall have ten working days in which to review and seek adjustment of the grievance. • H. SELECTION OF ARBITRATOR. The arbitrator shall be selected by mutual agreement between the Department and the employee or his/her representative. lithe Department and the employee or his/her representative are unable to agree on the selection of an arbitrator, they shall jointly request the American Arbitration Union to submit a list of five qualified arbitrators. The Department and the employee or his/her representative shall then alternately strike names from the list until only one name remains, and that person shall serve as arbitrator. I. DUTY OF ARBITRATOR. Except when an.agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the grievance which shall be final and binding upon parties. The arbitrator shall have no power to amend this Memorandum of Understanding, the Charter, ordinance, State law, or written Department rules, or to recommend such an amendment. J. PAYMENTS OF COSTS. Each party to a hearing before an arbitrator shall bear his/her own expense in connection therewith. All fees and expenses of the arbitrator and of a • reporter shall be borne one -half by the Department and one -half by the grievant. K. EFFECT OF FAILURE OF TIMELY ACTION. Failure of the employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the Department to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. L. LIMITATION OF STALE GRIEVANCES. A grievance shall be void unless received within sixty calendar days from the date upon which the Department has allegedly failed to provide • a condition of employment. In no event shall any grievance include a claim for money relief for more than the sixty day period. M. DESIGNATION OF APPEAL LEVELS. Each department head shall designate in writing the positions or levels in his/her department to which the various appeals provided in subsection D. hereof shall be made. IAFF Local 1428-Management Unit R-34 January 1, 1994 - December 31, 1995 19 Local 142anvnn.2 - 287 RUdm- 6/76/96 •