Invoking Arbitration Clause Samples

Invoking Arbitration. A referral to arbitration can be made only by the Union or the College and must be in writing. Such referral must be made within ten (10) working days from the date the final written decision was rendered under the Grievance Procedure. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of this Agreement. The parties will first attempt to mutually agree on an arbitrator and each side will offer the names of three (3) acceptable arbitrators. If the parties cannot mutually agree on one of these arbitrators, the moving party will request a list of five (5) names until one (1) name remains. This person will be selected to hear the case. The parties will flip a coin to determine who will make the first strike.

Invoking Arbitration. If a decision on a grievance processed under the negotiated grievance procedure is not satisfactory, the President or designee, acting on behalf of the Union, or Management may invoke arbitration by a written memorandum identifying the matters to be submitted, within twenty-one (21) work days of the decision at the last step unless the time limit is extended by mutual agreement of both parties.

Invoking Arbitration. A. A grievance that remains unresolved after being processed under the preceding article of this Agreement may be referred to arbitration as provided for in this Article. A referral to arbitration can be made only by the Union or the Employer, and shall be in writing. Such referral shall be made within thirty (30) calendar days after receipt of the written decision rendered in the final step of an action processed under Article 25, “Negotiated Grievance Procedure”. B. Within seven (7) calendar days from the date of the request for arbitration, the party invoking arbitration shall request from the Federal Mediation and Conciliation Service (“FMCS”) a list of seven (7) impartial persons qualified to act as arbitrators. The parties shall, within seven (7)calendar days after receiving the list of names, select one of the arbitrators. If they cannot mutually agree upon a selection, the parties shall alternatively strike one name from the list until the list contains only one name. The initial strike on the list shall be made by the party who wins the flip of a coin. This person shall be the duly selected Arbitrator. If for any reason either party refuses to participate in the selection of the Arbitrator, the other party chooses the Arbitrator. C. If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission and the Arbitrator shall determine the issue(s) to be heard.

Invoking Arbitration. (1) If the BOA decides a grievance by majority vote, the decision shall be final and binding and may be enforced as an arbitration award under California Code of Civil Procedure Section 1280 et seq. (2) If the BOA does not reach a binding decision as outlined herein, the action shall be sustained unless the Union appeals the action through the arbitration procedures outlined in this article. (3) Arbitration must be requested within ten (10) working days following notice of failure to reach a decision.

Invoking Arbitration. If the grievance is not resolved, the grieving party may follow the procedures in section 10 to invoke arbitration.

Invoking Arbitration. When arbitration is invoked under the provisions of Article 11, Grievance Procedure, written notice of the intent to invoke arbitration must be provided to the other party within the time limits specified.

Invoking Arbitration. If the grievance is not resolved at Step Two, the Union may follow the procedures in section 10 to invoke arbitration.

Invoking Arbitration. By law, only the Union or the Agency may invoke arbitration in accordance with Article 20 of this Agreement. Arbitration must be invoked within twenty (20) days after the date of the decision at Step Three.

Invoking Arbitration. A. Either Party may invoke arbitration if the remedy requested in the written grievance is not granted. Only the Union or the Agency may invoke arbitration. B. Either Party to this Agreement may invoke binding arbitration within 30 calendar days of receipt of a final decision rendered by the deciding official or within 30 calendar days of the end of the supervisory response time limit. C. Notification must be in writing and sent by the 30th day to the Chief Human Capital Officer or Union Council President. D. The Agency and Union representatives will communicate with each other to confirm the next arbitrator in the rotation and coordinate contact with the arbitrator and select a mutually agreed upon date for the arbitration hearing(s). E. In those areas where a panel exists, arbitrators will be assigned cases in alphabetical order on a rotating basis. In those areas where a panel does not exist, the Agency and Union representatives will coordinate the selection of an arbitrator and mutually agree on a date for the arbitration hearing(s).