Common use of Final and Binding Arbitration Clause in Contracts

Final and Binding Arbitration. 43.01 Should the Employer and the Union reach an impasse in negotiations for the renewal of the above-mentioned Agreement, the parties agree to forego the right to strike or lock-out and upon request of either party, to submit all outstanding matter to an Arbitrator, as hereinafter provided. The Employer and the Union shall meet and agree on which proposals remain outstanding between them within fourteen (14) days of the date of reaching such impasse. The Arbitrator shall be selected by mutual agreement between the Employer and the Union if at all possible. If no agreement is reached on the person who shall act as Arbitrator, either party may then request, the Manitoba Labour Board to make the appointment. The Arbitrator shall receive a written statement or brief from the Employer and the Union outlining each of their respective positions on the outstanding proposals within fourteen (14) days of their appointment, and shall select either the Employer’s position, the Union’s position, the combination of both the Employer’s and Union’s positions as outlined by them as the basis for settlement, or settle the matters in any way they deem equitable. The Employer and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Employer and the Union shall submit their final positions on all outstanding proposals by courier, to the Arbitrator, within the fourteen (14) days specified above, or they shall waive all rights under this provision, and the Arbitrator is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above. The Arbitrator shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement. The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Arbitrator.

Final and Binding Arbitration. 43.01 Should A. Arbitration may be resorted to only when issues arise between the Employer and the Union reach an impasse in negotiations for the renewal parties hereto with reference to interpretation, application or enforcement of the aboveprovisions of this Agreement. B. Any dispute which shall be determined by the arbitrator to be non-mentioned Agreementgrievable, shall be appealable under the parties agree to forego provisions of Chapter Three of the right to strike Madison General Ordinances. C. It is contemplated by the provisions of this Agreement that any arbitration award shall be issued by the arbitrator at the earliest date after completion of the hearing. D. No item or lock-out and upon request issue may be the subject of either partyarbitration, to submit all outstanding matter to an Arbitrator, as hereinafter provided. The Employer and the Union shall meet and agree on which proposals remain outstanding between them unless such arbitration is formally requested within fourteen thirty (1430) days following the filing of a Written Response required by Step Two or the due date thereof. This provision is one of limitation, and no award of any arbitrator may be retroactive for a period greater than thirty (30) days prior to the presentation of the grievance in Step One as herein provided or the date of reaching such impasseoccurrence, whichever is later. E. Final and binding arbitration may be initiated by either party serving upon the other party a notice in writing of the intent to proceed to arbitration. The Arbitrator Said notice shall be selected by mutual agreement between identify the Employer Agreement provision, the grievance or grievances, the department and the Union if at all possibleemployees involved. If no agreement is reached on Unless the person who shall act as Arbitratorparties can, within five (5) working days following the receipt of such written notice, agree upon the selection of an arbitrator, either party may in writing request the Wisconsin Employment Relations Commission to submit a list of five (5) arbitrators to both parties. F. The parties shall within five (5) working days upon receipt of said list meet for the purpose of selecting the arbitrator by alternatively striking names from said list until one (1) name remains. Such person shall then requestbecome arbitrator. G. Either party may within five (5) working days of receipt of said list, notify the other party and the Wisconsin Employment Relations Commission of their intent to reject the entire list submitted by the Wisconsin Employment Relations Commission. The Wisconsin Employment Relations Commission shall submit a new list which shall not duplicate the original list upon receipt of such notice. The option to reject the list may only be exercised by each party once per grievance. H. Unless the parties select an arbitrator and schedule the arbitration hearing within six (6) months of the date the last panel was submitted to the parties by the Wisconsin Employment Relations Commission, the Manitoba Labour Board grievance shall be considered moot. This provision shall not be construed to make mean that the appointmentarbitration hearing date must actually fall within said six (6) month period. If either party raises a question concerning substantive arbitrability, this provision shall remain inoperative until such time as the question of arbitrability is resolved. I. The arbitrator shall neither add to nor detract from nor modify the language of this Agreement in arriving at a determination of any issue presented that is proper for arbitration within the limitations expressed herein. The Arbitrator arbitrator shall receive a written statement have no authority to change wage rates or brief from salary schedules attached hereto. J. The arbitrator shall expressly confine himself/herself to the Employer precise issues submitted for arbitration and shall have no authority to determine any other issue not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination. K. The fees and expenses for the arbitrator's services shall be borne equally by both parties. The grieving employee(s) and not more than one (1) Union representative may be present at the arbitration hearing without loss of regular wages if the hearing is scheduled during said employee's regularly scheduled hours of work. Furthermore, not more than five (5) employees called by the Union outlining each to appear at a grievance arbitration hearing may appear without loss of their respective positions on regular wages if the outstanding proposals within fourteen hearing is scheduled during said employee's regularly scheduled hours of work and providing the employee testifies. In the event the parties reach a mutually agreeable settlement of a grievance during the course of a grievance arbitration hearing, not more than five (145) days employees called by the Union to testify at the hearing may appear without loss of their appointmentpay even if they do not give testimony. Expenses relating to the obtaining of depositions shall be borne by the party at whose request such depositions are required. L. The arbitrator so selected shall hold a hearing at Madison, Wisconsin, at a time and place convenient to the parties at the earliest possible date following the notification of a selection. The arbitrator shall take such evidence as in his/her judgment is appropriate for the disposition of the dispute. Statements of position may be made by the parties, and witnesses may be called. The arbitrator shall select either have initial authority to determine whether or not the Employer’s positiondispute is procedurally arbitrable under the express terms of this agreement. Once it is determined that the dispute is procedurally arbitrable, the Union’s position, arbitrator shall proceed in accordance with this article to determine the combination merits of both the Employer’s and Union’s positions as outlined by them as the basis for settlement, or settle the matters dispute submitted to arbitration in any way they deem equitable. The Employer and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Employer and the Union shall submit their final positions on all outstanding proposals by courier, to the Arbitrator, within the fourteen (14) days specified above, or they shall waive all rights under this provision, and the Arbitrator is instructed to proceed accordance with the written statements or briefs which are properly filed within the time limits specified above. The Arbitrator shall render a decision within twenty-eight (28) days applicable sections of their appointment and said decision shall be final and binding on all parties to this Agreement. The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost Chapter 788 of the ArbitratorWisconsin Statutes, where not in conflict with the Agreement.

Final and Binding Arbitration. 43.01 Should the Employer and the Union reach an impasse in negotiations for the renewal of the above-mentioned Agreement, the parties agree to forego the right to strike or lock-out and upon request of either party, to submit all outstanding matter to an Arbitrator, as hereinafter provided1. The Employer and Arbitrator shall, if possible, be mutually agreed upon by the Union shall meet and agree parties. If agreement on which proposals remain outstanding between them the Arbitrator is not reached within fourteen (14) calendar days of after the date of reaching such impasse. The Arbitrator shall be selected by mutual agreement between the Employer and notice requesting arbitration or if the Union if at all possible. If no agreement is reached on the person who shall act as Arbitrator, either party may then request, the Manitoba Labour Board to make the appointment. The Arbitrator shall receive parties do not agree upon a written statement or brief from the Employer and the Union outlining each method of their respective positions on the outstanding proposals selecting an arbitrator within fourteen (14) days of their appointmentcalendar days, and shall select either the Employer’s position, the Union’s position, the combination of both the Employer’s and Union’s positions as outlined by them as the basis for settlement, or settle the matters in any way they deem equitable. The Employer and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Employer and the Union shall submit their final positions on all outstanding proposals by courier, to the Arbitrator, then within the following fourteen (14) days specified abovecalendar days, the Union may submit the grievance for arbitration to the Wisconsin Employment Relations Commission (WERC) requesting that a staff member of the WERC conduct the arbitration proceedings. That person whom the WERC appoints as arbitrator shall be arbitrator. Each party shall pay one-half (1/2) of the cost of the arbitrator. Each party shall bear its own costs of advocacy and presentation of witnesses. Expenses relating to the obtaining of depositions and/or transcripts shall be borne by the party at whose request such are required. 2. The arbitrator shall be authorized to resolve the grievance(s), and, where involved, to determine discharge, discipline, suspension, and/or layoff for just cause. The arbitrator shall be authorized to make an award of the appropriate remedy, including pay for lost time and/or in other ways making the grievant whole. 3. The arbitrator shall not be authorized to alter, amend, change or modify any terms of this Agreement, or they shall waive all to limit or impair any rights under this provision, and provided by any section of the Arbitrator is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified aboveAgreement. 4. The Arbitrator arbitrator shall render have the authority to determine whether or not a decision within twenty-eight (28) days of their appointment and said decision dispute is arbitrable if arbitrability becomes an issue. The arbitrator’s award shall be final and binding on all upon the parties and the parties agree to this Agreementobserve promptly such award. 5. Any dispute that shall be determined by the arbitrator to be non-grievable, shall be appealable under the provisions of Chapter Three of the Madison General Ordinances. 6. The Employer grieving employee(s) and not more than one (1) Union ▇▇▇▇▇▇▇ may be present at the arbitration hearing without loss of regular wages if the hearing is scheduled during said employee’s regularly scheduled hours of work. Furthermore, not more than five (5) employees called by the Union shall pay to appear at a grievance arbitration hearing may appear without loss of regular wages if the cost hearing is scheduled during said employees’ regularly scheduled hours of their witnesses if requiredwork and providing the employees testify. The Employer and In the event the parties reach a settlement of a grievance during the course of a grievance arbitration hearing, not more than five (5) employees called by the Union shall equally share to testify at the cost hearing may appear without loss of the Arbitratorpay even if they do not give testimony.