Labor Relations Fundamentals for Community College Districts

Human Resources will act as the central repository for all grievance records.

A grievant may be represented by any person or organization certified to represent a majority of employees in the representation unit in which the employee is included.

A grievant may grieve alleged failure to be compensated in accordance with the provisions of the CBA. Any monetary award in favor of the grievant is limited to lost wages suffered, measured from the date of the grievance forward.

If an employer is compelled to agree to binding arbitration as the final step in the grievance procedure, the agreement should reflect the following:

If the employee organization is not satisfied with the Step 3 decision, it may submit the grievance to arbitration.

Timeline: To submit the grievance to arbitration, the employee organization must file a written notice with the Director of Human Resources within seven (7) calendar days of receipt of the Step 3 decision. Selection of Arbitrator: The parties will attempt to agree on an arbitrator; if they are unable to agree on an arbitrator within a reasonable time, either party may request the State Mediation and Conciliation Service to submit to them a list of seven (7) arbitrators who have had experience arbitrating disputes in the public sector. The parties will select the arbitrator by alternately striking names from said list until one name remains. Expenses: All fees and expenses of the arbitrator will be equally divided between the parties. If one party desires a transcript of the proceedings, the party desiring the transcript will pay the total cost for the transcription. If the other party desires a copy, then both parties will share the total cost for such transcription equally. All other costs incurred by the parties will be borne by the party incurring the costs.

Decision: The decisions of the arbitrator will be final and binding on all the parties, subject to the ratification by the Governing Board if the decision requires an unbudgeted expenditure.

The arbitrator will have no power to add to, subtract from nor modify any of the language or terms of this Agreement or district policies, rules and regulations, nor will the arbitrator impose on either party a limitation or obligation not specifically required by the language of the Agreement.

The arbitrator will expressly confine him or herself to the precise issues raised by the grievance as initially submitted, and will have no authority to consider any other issue.

Any monetary award in favor of the grievant is limited to lost wages suffered, measured from the date of this grievance forward. In no event will the arbitrator award any other type of monetary

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 60