Level 4 Binding Arbitration Clause Samples

Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service. 12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators 12.3.4.2 Within five (5) days of the receipt of the list of arbitrators the Association and District shall meet and will alternately strike names until one remains. The remaining name shall be the selected arbitrator. The order of striking shall be determined by lot. 12.3.4.3 The fees and expenses of the arbitrator and/or those ordered by the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. 12.3.4.4 The grievant and the Association's representative shall be given release time to present the grievance in the arbitration hearing(s). Member of the Bargaining Unit witnesses shall be provided release time to testify. Repetitive testimony shall be limited to two (2) unit members. 12.3.4.5 Board members may attend arbitration hearings as observers, with notification to the Association prior to the day of the hearing. All arbitration hearings shall be held within the District or at a place selected by mutual agreement. 12.3.4.6 The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted for arbitration. The arbitration shall not determine any other issue(s). The arbitrator shall have no power or authority to recommend or resolve any of the following: 12.3.4.6.1 The dismissal of a tenured employee. 12.3.4.6.2 The termination of service or failure to reemploy a probationary employee. 12....
Level 4 Binding Arbitration. 7.2.3.4.1 If the grievant is not satisfied with the decision rendered at ▇▇▇▇▇ ▇, or if no written decision has been rendered within ten (10) days of the meeting with the Superintendent or his/her designee, the Association may submit a request in writing to the Superintendent for binding arbitration of the dispute within ten (10) days. 7.2.3.4.2 An impartial arbitrator shall be selected jointly by the Association and the Superintendent within ten (10) days of receipt of the written request. 7.2.3.4.2.1 In the event the parties cannot agree, an arbitrator list will be requested from the California Mediation and Conciliation Service or the American Arbitration Association. 7.2.3.4.2.2 They shall be requested to supply a panel of five (5) names. Alternate names shall be stricken until only one (1) remains. The order of striking will be determined by lot. 7.2.3.4.2.3 The fees and expenses of the arbitrator shall be shared equally between the Superintendent and the grievant. Additional expenses shall be borne by the party incurring such expense. 7.2.3.4.3 The arbitrator shall have no authority to add to, subtract from, disregard, alter or modify any provisions of this Agreement, state or federal law or written Board policies, nor make any fiscal award not provided for by the terms of this Agreement, but shall limit his/her decision to the application and interpretations of its provisions. 7.2.3.4.4 After reviewing the evidence, the arbitrator shall submit to the Superintendent and to the grievant his/her findings in writing which shall be binding on both parties.
Level 4 Binding Arbitration. 9.2.4.1 If the Association proceeds to arbitration, it shall notify the District in writing. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Arbitration Rules of the American Arbitration Association. The Association and the District shall each pay one- half (1/2) of any charges required by the American Arbitration Association for services rendered. 9.2.4.2 The arbitrator's decision shall be in writing and set forth the findings of fact, reasoning, and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law and which is violative of the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as he/she judges to be proper. The decision of the arbitrator will be submitted to the Association and the Superintendent and will be final and binding on all the parties. If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had an opportunity to hear the merits of the grievance. 9.2.4.3 All costs for the service of the arbitrator, including but not limited to per diem expenses, travel and subsistence expenses and the costs of the hearing room will be borne equally by the District and the Association. All other costs, except for released time for the grievant(s), Association representative(s) and witnesses, will be borne by the party incurring them.
Level 4 Binding Arbitration. In the event the Company’s or employee’s Covered Claims are not resolved at Levels 1 through 3, Level 4 provides for an independent third party to resolve Covered Claims on an expedited basis. The third party’s decision is final and binding on both the Company and employee. The DRP offers several benefits to employees and the Company: o Simple – The DRP process begins at the local level, where most workplace disputes can be resolved. o Quick resolution – The dispute can be resolved in days or months rather than years. o Independent third party – A neutral third party may work with the parties to resolve Covered Claims. If mediation is unsuccessful or if one of the parties elects to skip the mediation step, a neutral third-party arbitrator will make a decision that is final and binding on both the employee and Company. o Full remedies availableThe arbitrator can award the same remedies as a court. o Economical – The DRP may avoid and will likely reduce expensive legal fees and court costs for everyone. o Little or no cost to employees – Hallmark pays the arbitrator’s fee. o Confidential – All proceedings are confidential.
Level 4 Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at ▇▇▇▇▇ ▇, the grievant, within 20 days after the Superintendent’s decision, may request in writing that CSEA submit the grievance to arbitration. CSEA, by written notice to the Superintendent within 20 days after receipt of the request from the grievant, may submit the grievance to arbitration. At all times during a Level 4 grievance, the grievant shall be represented by CSEA. 3.8.1 CSEA and the District shall immediately attempt to select a mutually acceptable arbitrator. If they are unable to agree upon an arbitrator within fifteen (15) calendar days of the request for arbitration, the parties shall request a list of seven
Level 4 Binding Arbitration. (a) If the grievant is not satisfied with the decision of the Governing Board, he/she may within five (5) days submit a request in writing to the Superintendent for binding arbitration of the dispute. (b) The grievant and the District shall attempt to agree upon an arbitrator. If no agreement can be reached, either party shall request the California Conciliation Services to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be by lot. (c) The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the grievant. All other expenses shall be borne by the party incurring them. (d) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. (e) The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. California Conciliation Services rules shall govern. (f) Issues arising out of the exercise by the Board and administration of its responsibilities under Article VII, Definitions, paragraph 1, of this Article, including the facts underlying its exercise of such discretion, shall not be subject to the procedure. (g) After a hearing and after both parties have had an opportunity to make written arguments, the arbitrator shall submit his/her findings and recommendations to all parties. (h) The arbitrator's decision shall be final and binding on the parties.
Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service. 12.3.4.1 The Association and District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days from the Association's notification of submission to Arbitration, a joint request shall be made within five (5) days to the State Mediation and Conciliation Service requesting a list of five (5) arbitrators.

Related to Level 4 Binding Arbitration

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website ▇▇▇.▇▇▇.▇▇▇. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen