Common use of FORMAL ARBITRATION PROCESS Clause in Contracts

FORMAL ARBITRATION PROCESS. (a) The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the District. Such appointments shall be made, and each party shall notify the other of their respective appointment, within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) from the date the matter was submitted for arbitration. The two (2) so appointed shall endeavor to select the third member. In the event the persons appointed cannot agree on the third member within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) of the last appointment, one shall be selected by the alternate striking of names, with the representative of the party winning the coin toss striking first, from the following list of names: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ (b) The issue to be submitted to the Formal Arbitration Board shall be limited to the grievance as submitted in writing and in response to the District thereto, and, unless otherwise agreed in writing, the jurisdiction of the Board shall be limited to the determination of said issue. The Formal Arbitration Board shall have no authority to modify, vary, alter, amend, add to or take away from, in whole or in part, any of the terms or provisions of this Agreement. (c) The Formal Arbitration Board shall meet in the County of San Mateo within ten (10) calendar days after the selection of the third member, or as soon thereafter as possible. (d) The Formal Arbitration Board shall, or either party, may call any employee as a witness, and such employee, if on duty, shall be released from duty for the purpose of such appearance. (e) The rulings of the Formal Arbitration Board with respect to the procedure and all objections to the exclusion or inclusion of evidence shall be binding on the parties. (f) Each party shall bear the expenses and fees of the member appointed by it and its own expenses involved in the matter. All other expenses incurred by the Formal Arbitration Board, including the making of a record, if the Formal Arbitration Board deems necessary, shall be borne equally by the parties. The reimbursement of wages for employees called as witnesses, where a loss of wages has been incurred by said employee, shall be paid by the party calling such witness. (g) The Formal Arbitration Board’s decision, and opinion, if any, shall be in writing and shall be submitted within ten (10) calendar days from the conclusion of the hearing unless such time is extended by a majority of the Formal Arbitration Board. The decision of the majority of the Formal Arbitration Board shall be final and binding on the parties.

FORMAL ARBITRATION PROCESS. (a) The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the District. Such appointments shall be made, and each party shall notify the other of their respective appointment, within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) from the date the matter was submitted for arbitration. The two (2) so appointed shall endeavor to select the third member. In the event the persons appointed cannot agree on the third member within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) of the last appointment, one shall be selected by the alternate striking of names, with the representative of the party winning the coin toss requesting arbitration striking first, from the following list of names: ▇▇▇▇ ▇▇▇▇▇ ▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇41 (b) The issue to be submitted to the Formal Arbitration Board shall be limited to the grievance as submitted in writing and in response to the District thereto, and, unless otherwise agreed in writing, the jurisdiction of the Board shall be limited to the determination of said issue. The Formal Arbitration Board shall have no authority to modify, vary, alter, amend, add to or take away from, in whole or in part, any of the terms or provisions of this Agreement. (c) The Formal Arbitration Board shall meet in the County of San Mateo within ten (10) calendar days after the selection of the third member, or as soon thereafter as possible. (d) The Formal Arbitration Board shall, or either party, may call any employee as a witness, and such employee, if on duty, shall be released from duty for the purpose of such appearance. (e) The rulings of the Formal Arbitration Board with respect to the procedure and all objections to the exclusion or inclusion of evidence shall be binding on the parties. (f) Each party shall bear the expenses and fees of the member appointed by it and its own expenses involved in the matter. All other expenses incurred by the Formal Arbitration Board, including the making of a record, if the Formal Arbitration Board deems necessary, shall be borne equally by the parties. The reimbursement of wages for employees called as witnesses, where a loss of wages has been incurred by said employee, shall be paid by the party calling such witness. (g) The Formal Arbitration Board’s decision, and opinion, if any, shall be in writing and shall be submitted within ten (10) calendar days from the conclusion of the hearing unless such time is extended by a majority of the Formal Arbitration Board. The decision of the majority of the Formal Arbitration Board shall be final and binding on the parties.