The issue in this grievance is whether one party can unilaterally appeal from an expedited hearing to a Step 4. The parties mutually agree that Article 15.4.C.2 provides that either party can refer a case to the regular regional Arbitration panel provided that party notify the other party of the referral at least 24 hours prior to the scheduled time for the expedited hearing. The parties further agree that Article 15.4.C.3.e, provide, that the arbitrator can conclude at the hearing that the case should be referred to the Regular Regional Arbitration Panel or the parties can mutually agree at the hearing to refer the case to the Regular Regional Arbitration Panel. Based on the Labor Agreement provisions cited above, cases cannot be referred to from expedited arbitration to Step 4 under any circumstances. Additionally, referral from expedited to Regular Regional Arbitration must occur in accordance with the provisions of Article 15.4.C.2 or 15,4.C.3.e. We agreed to remand this case on a non-precedential non-citable basis to the parties at Step 3 for further processing, including arbitration lf necessary. While the remand of this case is non-precedential the principles established in the settlement shall carry the full force, and effect of a Step 4 decision.
Document Type: Step 4 Agreement
APWU National Grievance Number: H4C4GD19880
Craft: Clerk