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Daughters of Charity - SEIU-UHW Healthcare Workers West

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3. Arbitration Hearing and Decision. The arbitrator shall hear the<br />

submitted grievances as expeditiously as possible, and shall render a decision in<br />

writing within thirty (30) days after the conclusion <strong>of</strong> the last hearing or<br />

submission <strong>of</strong> briefs, whichever is later.<br />

4. Arbitration Fees and Costs. The fees and expenses <strong>of</strong> the arbitrator, the<br />

cost <strong>of</strong> the hearing room, and the cost <strong>of</strong> the court reporter, if required by the<br />

arbitrator, shall be shared jointly by the parties. Each party will bear its own<br />

expenses <strong>of</strong> representation and presentation <strong>of</strong> its case, including witnesses, and<br />

including the cost <strong>of</strong> any transcript for the party’s own use.<br />

5. Arbitrator's Authority. The Arbitrator shall have no power to add to, to<br />

subtract from or to change any <strong>of</strong> the terms or provisions <strong>of</strong> the Agreement. His or<br />

her jurisdiction shall extend solely to claims <strong>of</strong> violation <strong>of</strong> specific written<br />

provisions <strong>of</strong> the Agreement and involve only the interpretation and application <strong>of</strong><br />

such Agreement. The award shall be based upon the joint submission agreement<br />

<strong>of</strong> the parties, or in the absence there<strong>of</strong>, the questions raised by the parties in<br />

respect to the specific interpretation and application <strong>of</strong> the Agreement. Further,<br />

the arbitrator’s decision will be final and binding upon all parties concerned.<br />

G. Processing Grievances in Good Faith. Consistent with the Preamble <strong>of</strong> this<br />

Agreement, the parties agree that it is in everyone’s best interests to address grievances in<br />

a timely, pr<strong>of</strong>essional and ethical manner. With respect to a particular complaint or<br />

grievance <strong>of</strong> an employee concerning the interpretation or application <strong>of</strong> this Agreement<br />

the Field Representative <strong>of</strong> the Union or Shop Steward may inspect relevant material in<br />

the employee’s personnel file upon which the Employers are or will be relying. Such<br />

information will be provided in a timely manner. The Union may request other<br />

information it deems relevant to the processing <strong>of</strong> a grievance, and if the Employers are<br />

in agreement that the information is relevant, the Union will be provided with it. In the<br />

event <strong>of</strong> a disagreement on the appropriateness or relevance <strong>of</strong> any information<br />

requested, such disputes are not subject to the grievance procedure. This does not<br />

preclude either party from exercising its rights under any applicable Federal or California<br />

State laws.<br />

H. Employee Participation. The Employers and the Union agree that employees<br />

having direct knowledge <strong>of</strong> facts giving rise to a grievance should be free to participate<br />

on behalf <strong>of</strong> any party in all steps <strong>of</strong> the Grievance and Arbitration Procedure, and should<br />

be free from recriminations from either side for so doing.<br />

ARTICLE 31: DISCIPLINE & DISCHARGE<br />

At Seton, Saint Louise and O’Connor Only:<br />

A. Just Cause<br />

The Employers may only discipline or terminate any employee for just cause.<br />

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