the Association of the Step Two decision of the President of the College, submit such grievance to the PERC in accordance with the rules and regulations of such organization. The arbitrator's decision shall be advisory and Article III continued: shall not be binding on either party. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusion of the issue submitted. The costs of arbitration, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of a hearing room shall be borne equally by the College and the Association. Any other expenses incurred shall be paid by the party incurring same. G. Election of Remedies 1. The filing of a non-contractual or grievance with the Vice President of Human Resources and Labor Relations shall be deemed an acknowledgement by the grievant that the subject matter appealed is beyond the definition of "contractual grievance" as set forth in Section E (1) of this Article. 2. If the grievant or Association initiates a proceeding or appeal arising out of the same factual circumstances or seeking similar relief before any administrative agency or judicial authority to which jurisdiction of the subject matter has been conferred by law, the pending contractual, non-contractual, or statutory-regulatory grievance proceeding shall be stayed until such administrative agency or judicial authority renders a final determination or remands the matter for continuation of the grievance proceeding. Nothing contained herein shall limit the right of the grievant or the Association to take a judicial appeal or initiate administrative proceedings after the grievance proceeding has been concluded. ARTICLE IV
the Association of the Step Two decision of the President of the College, submit such grievance to the PERC in accordance with the rules and regulations of such organization. The arbitrator's decision shall be advisory and Article III continued: shall not be binding on either party. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusion of the issue submitted. The costs of arbitration, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and the cost of a hearing room shall be borne equally by the College and the Association. Any other expenses incurred shall be paid by the party incurring same. G. Election of Remedies 1. The filing of a non-contractual or grievance with the Vice President of Human Resources and Labor Relations shall be deemed an acknowledgement by the grievant that the subject matter appealed is beyond the definition of "contractual grievance" as set forth in Section E (1) of this Article. 2. If the grievant or Association initiates a proceeding or appeal arising out of the same factual circumstances or seeking similar relief before any administrative agency or judicial authority to which jurisdiction of the subject matter has been conferred by law, the pending contractual, non-contractual, or statutory-regulatory grievance proceeding shall be stayed until such administrative agency or judicial authority renders a final determination or remands the matter for continuation of the grievance proceeding. Nothing contained herein shall limit the right of the grievant or the Association to take a judicial appeal or initiate administrative proceedings after the grievance proceeding has been concluded. ARTICLE IV
Morris%20Cty%20College%20and%20Morris%20Cty%20Staff%20Assn%202017.docx