Page 112 - 2016-2021-ASU
P. 112

Arbitrator shall be divided equally between the parties. The parties agree

            that  the  Master Arbitrator shall be paid the  customary fees for such

            arbitration services.
               §34.5 Procedures Applicable to Grievance Steps

               (a) Steps 1 and 2 shall be informal and the grievant and/or CSEA shall
            meet with the appropriate step representative for the purpose of discussing

            the grievance.
               (b)  No  transcript  is required  at  any step. However, either party may

            request that the review at Step 2 only be tape recorded at its expense and
            shall provide a copy of such tape recording to the other party.

               (c) Step 3 is intended primarily to be a review of the existing grievance
            file; provided, however,  that additional  exhibits and  evidence  may be

            submitted in writing.
               (d) Any meeting required by this Article may be mutually waived.

               (e) All of the time limits contained in this Article may be extended by
            mutual agreement. Extensions shall be confirmed in writing by the party

            requesting them. Upon the failure of the State, or its representatives, to
            provide a decision within the  time limits provided  in  this  Article, the

            grievant or CSEA may appeal to the next step. Upon failure of the grievant,
            or the grievant’s representative, to file an appeal within the time limits

            provided in this Article, the grievance shall be deemed withdrawn.
               (f) A settlement of or an award upon a contract grievance may or may not

            be retroactive as the equities of each case demand, but in no event shall
            such a resolution be retroactive to a date earlier than thirty (30) days prior

            to the date the contract grievance was first presented in accordance with

            this Article, or the date the contract grievance occurred, whichever is the
            later date.
               (g)  A settlement of a contract grievance  at Steps 1 through  3 shall

            constitute precedent in other and future cases only if the Director of the

            Governor’s Office of Employee Relations and  the President  of CSEA
            agree, in writing, that such settlement shall have such effect.

               (h)  The State  shall supply in  writing, with  each copy of each step
            response, the name and address of the person to whom any appeal must be

            sent, and a statement of the applicable time limits for filing such an appeal.
               (i)  All contract grievances, appeals,  responses and demands for

            arbitration shall be submitted by registered or certified mail, return receipt


                                                              111
   107   108   109   110   111   112   113   114   115   116   117