Common use of Intent to Arbitrate Clause in Contracts

Intent to Arbitrate. If the grievance is not satisfactorily resolved at Step 5, the Union will notify the Director, in writing, within ten (10) working days that the grievance will be submitted to arbitration. A request to the Federal Mediation and Conciliation Service (FMCS) for a list of nine (9) arbitrators from Ohio must be submitted simultaneously with the arbitration request submitted to the Director. A. Within fourteen (14) calendar days of receipt of the list of arbitrators, each party shall rank the list by striking any name to which it objects and ranking the remaining names by number to indicate the order of preference (number one [1] being the first choice) and shall return the ranked list to the FMCS. Prior to ranking, either party shall have the option to reject the list of names provided by the FMCS and request another list. Each party may reject up to three (3) lists. The cost of additional lists shall be borne by the party who rejected the list. The Federal Mediation and Conciliation Service shall assign an arbitrator based upon the ranking of the parties (arbitrator with lowest combined ranking) and shall notify the parties of the arbitrator assigned to the grievance. The arbitrator shall arrange with the parties the date, time, and place of the meeting. B. If either party elects to receive a panel of arbitrators from the American Arbitration Association (AAA) instead of FMCS, as outlined in “A” above, the requesting party will notify the other once the parties have failed in their efforts to select an arbitrator and prior to either or both parties requesting a panel from the FMCS. The AAA panel will consist of fifteen (15) arbitrators and the cost of the panel will be paid by the party requesting the panel. Once the AAA submits the panel of arbitrators to the parties, each party shall have ten (10) days from the mailing date in which to strike any name to which it objects, number the remaining names to indicate the order of preference, and return the list to the AAA. C. The arbitrator shall have no power to: 1. Add to or subtract from or modify any terms of this agreement. 2. Render a decision contrary to, inconsistent with, changing, altering, limiting, or modifying any practice, policy, rule, or regulations presently or in the future established by the Employer, so long as such practice, policy, rules, or regulations do not conflict with this agreement. 3. Imply any restriction or condition upon the Employer from this agreement, it being understood that, except to such restrictions or conditions upon the Employer as are specifically set forth herein, or are fairly inferable from the express language of any article and section herein, the matter in question falls within the exercise of rights set forth in the article of this agreement entitled “Management Rights.” 4. Render a decision concerning the establishment of wage scales, rates on new or changed jobs, or change in any wage rate. 5. Render a decision providing agreement for the parties in those cases where, by their contract, they may have agreed that future negotiations should occur to cover the matter in dispute. 6. Render a decision granting any right or relief of any alleged grievance occurring at any time other than the contract period in which such right originated. D. The decision of the arbitrator shall be based exclusively on evidence presented at the arbitration hearing. E. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is within the purview of arbitrability, the alleged grievance will be heard on its merits before the same arbitrator. F. The arbitrator’s decision shall be final and binding to the Union, all bargaining unit employees, and the County. G. The arbitrator shall be requested to issue his or her decision within thirty