Common use of Impartial Arbitration Clause in Contracts

Impartial Arbitration. A grievance which is not resolved at Step Two may be appealed to arbitration by the Union, provided that written notice of intent to arbitrate is submitted to the ▇▇▇▇ of the Graduate School within ten (10) business days following submission of the Step Two determination by the University. Such notice shall identify the grievance and the issue, set forth the provisions of the Agreement involved, and the remedy desired. If no such notice is given within the prescribed time limit set forth in this section, the grievance shall not be arbitrable. Instead of resolving a grievance by proceeding to arbitration, the parties can mutually agree to undertake alternative dispute resolution procedures, such as mediation. The parties will select a mutually acceptable mediator. A request to proceed with mediation in place of arbitration shall be submitted to the University by the Union or to the Union by the University within ten (10) business days of the Step Two determination and the parties have thirty days to make a final determination whether to pursue mediation in place of arbitration. Even if mediation is not successful in resolving all or a portion of the grievance, the use of mediation shall preclude arbitration of the grievance. If notice to mediate is not given within the time limit, the option to pursue mediation shall no longer be available. The parties shall share equally in the cost of mediation.

Impartial Arbitration. A grievance which is not resolved at Step Two Three may be appealed to arbitration by the Union, provided that written notice of intent to arbitrate is submitted to the ▇▇▇▇ of the Graduate School within ten twenty-one (1021) business calendar days following submission of the Step Two Three determination by the University. Such notice shall identify the grievance and the issue, set forth the provisions of the Agreement involved, and the remedy desired. If no such notice is given within the prescribed time limit set forth in this section, the grievance shall not be arbitrable. Instead of resolving a grievance by proceeding to arbitration, the parties can mutually agree to undertake alternative dispute resolution procedures, such as mediation. The parties will select a mutually acceptable mediator. A request to proceed with mediation in place of arbitration shall be submitted to the University by the Union or to the Union by the University within ten (10) business twenty-one days of the Step Two Three determination and the parties have thirty days to make a final determination whether to pursue mediation in place of arbitration. Even if mediation is not successful in resolving all or a portion of the grievance, the use of mediation shall preclude arbitration of the grievance. If notice to mediate is not given within the time limit, the option to pursue mediation shall no longer be available. The parties shall share equally in the cost of mediation.