Common use of Permanent Arbitrator Clause in Contracts

Permanent Arbitrator. During the term of this Agreement, the parties agree that ▇▇▇▇▇ ▇▇▇▇▇▇ of Boston, Massachusetts shall serve as the permanent arbitrator, and ▇▇▇▇▇ ▇▇▇▇▇▇▇, shall serve as alternate arbitrator to arbitrate all grievances that arise and are processed to Step 5 of the grievance procedure. The permanent arbitrator or alternate shall arbitrate in accordance with the procedures of the American Arbitration Association. Either party who desires to terminate the services of the above- named permanent arbitrator or alternate shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances initiated prior to the date of the termination letter shall be arbitrated by the permanent arbitrator or alternate. Should the permanent arbitrator or alternate’s services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s). If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association. The permanent arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The permanent arbitrator shall be requested to issue a written decision within thirty (30) days after the completion of the proceedings. In the event of a disagreement regarding the arbitrability of an issue, the permanent arbitrator or alternate shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the permanent arbitrator or alternate shall then proceed to determine the merits of the dispute. 3.1 MSEA shall have the exclusive right to represent employees in any grievance. When an employee elects to pursue a grievance at Steps 1, 2 or 3 without representation, MSEA shall have the right to be present at any grievance step meeting and shall receive copies of written determinations, if any, at all stages. No resolution of a grievance shall be inconsistent with the provisions of this Agreement. 3.2 Prior to the expiration of any time limits, either Party may extend any time limits by five (5) work days upon written notice to the appropriate person in the step at which time limits are to be extended. All of the time limits contained in this Article may be further extended by mutual agreement of the parties and such extensions shall, in order to be effective, be confirmed in writing. The parties may mutually agree to bypass steps of the grievance procedure. 3.3 In no event can a grievance be taken to the next step or any succeeding step of this procedure unless the employee and/or the representative meets the time limits or extensions thereof. Failure of the Judicial Branch and its representatives to adhere to the prescribed time limits or extensions thereof shall constitute a waiver of the applicable step and the employee and/or MSEA may proceed to the next step. 3.4 Grievances resolved at Steps 1 or 2 shall not constitute a precedent unless a specific agreement to that effect is made by the Judicial Branch Human Resources Director or designee and MSEA. 3.5 Any grievance involving two (2) or more employees within the bargaining unit within the same court location may be processed jointly and shall be initiated with the most common supervisor of the employees involved. 3.6 An aggrieved employee and the employee’s representative shall have the right to inspect and to obtain copies of any records, documents and other materials relevant to the grievance and in the possession of the Judicial Branch. 3.7 An aggrieved employee, the employee’s ▇▇▇▇▇▇▇ and any employee’s witnesses as may be reasonable share all not suffer any loss of pay and shall not be required to charge leave credits as a result of processing grievances during such employee’s or witnesses’ scheduled working hours, provided however that when such activities extend beyond such employee’s or witnesses’ scheduled working hours, such time shall not be considered as time worked. Such release time shall not be construed to include preparation of paper work, record-keeping, conferences among Association officials or preparation for representation at a grievance hearing. 3.8 The arbitrator shall have no authority to add to, subtract from or modify the collective bargaining agreement.

Permanent Arbitrator. During the term of this Agreement, the parties agree that ▇▇▇▇▇ ▇▇▇▇▇▇ of Boston, Massachusetts shall serve as the permanent arbitrator, and ▇▇▇▇▇ ▇▇▇▇▇▇▇, shall serve as alternate arbitrator to arbitrate all grievances that arise and are processed to Step 5 of the grievance procedure. The permanent arbitrator or alternate shall arbitrate in accordance with the procedures of the American Arbitration Association. Either party who desires to terminate the services of the above- named permanent arbitrator or alternate shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances initiated prior to the date of the termination letter shall be arbitrated by the permanent arbitrator or alternate. Should the permanent arbitrator or alternate’s 's services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s). If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association. The permanent arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The permanent arbitrator shall be requested to issue a written decision within thirty (30) days after the completion of the proceedings. In the event of a disagreement regarding the arbitrability of an issue, the permanent arbitrator or alternate shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the permanent arbitrator or alternate shall then proceed to determine the merits of the dispute. 3.1 MSEA shall have the exclusive right to represent employees in any grievance. When an employee elects to pursue a grievance at Steps 1, 2 2, 3, or 3 4 without representation, MSEA shall have the right to be present at any grievance step meeting and shall receive copies of written determinations, if any, at all stages. No resolution of a grievance shall be inconsistent with the provisions of this Agreement. 3.2 Prior to the expiration of any time limits, either Party party may extend any time limits by five (5) work days upon written notice to the appropriate person in the step at which time limits are to be extended. All of the time limits contained in this Article may be further extended by mutual agreement of the parties and such extensions shall, in order to be effective, be confirmed in writing. The parties may mutually agree to bypass steps of the grievance procedure. 3.3 In no event can a grievance be taken to the next step or any succeeding step of this procedure unless the employee and/or and or the representative meets the time limits or extensions thereof. Failure of the Judicial Branch and its representatives to adhere to the prescribed time limits or extensions thereof shall constitute a waiver of the applicable step and the employee and/or MSEA may proceed to the next step. 3.4 Grievances resolved at Steps 1 or 2 shall not constitute a precedent unless a specific agreement to that effect is made by the Judicial Branch Human Resources Director or designee and MSEA. 3.5 Any grievance involving two (2) or more employees within the bargaining unit within the same court location may be processed jointly and shall be initiated with the most common supervisor of the employees involved. 3.6 An aggrieved employee and the employee’s representative shall have the right to inspect and to obtain copies of any records, documents and other materials relevant to the grievance and in the possession of the Judicial Branch. 3.7 An aggrieved employee, the employee’s 's ▇▇▇▇▇▇▇ and any employee’s 's witnesses as may be reasonable share all shall not suffer any loss of pay and shall not be required to charge leave credits as a result of processing grievances during such employee’s 's or witnesses’ ' scheduled working hours, provided however that when such activities extend beyond such employee’s 's or witnesses’ ' scheduled working hours, hours such time shall not be considered as time worked. Such release time shall not be construed to include preparation of paper work, record-keeping, conferences among Association officials or preparation for representation at a grievance hearing. 3.8 The arbitrator shall have no authority to add to, subtract from or modify the collective bargaining agreement.

Permanent Arbitrator. During the term of this Agreement, the parties agree that ▇▇▇▇▇ ▇▇▇▇▇▇ of Boston, Massachusetts shall serve as the permanent arbitrator, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of ▇▇▇▇▇▇▇▇▇, Maine, shall serve as alternate arbitrator to arbitrate all grievances that arise and are processed to Step 5 of the grievance procedure. The permanent arbitrator or alternate shall arbitrate in accordance with the procedures of the American Arbitration Association. Either party who desires to terminate the services of the above- above-named permanent arbitrator or alternate shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances initiated prior to the date of the termination letter shall be arbitrated by the permanent arbitrator or alternate. Should the permanent arbitrator or alternate’s services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s). If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association. The permanent arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The permanent arbitrator shall be requested to issue a written decision within thirty (30) days after the completion of the proceedings. In the event of a disagreement regarding the arbitrability of an issue, the permanent arbitrator or alternate shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the permanent arbitrator or alternate shall then proceed to determine the merits of the dispute. 3.1 MSEA shall have the exclusive right to represent employees in any grievance. When an employee elects to pursue a grievance at Steps 1, 2 or 3 without representation, MSEA shall have the right to be present at any grievance step meeting and shall receive copies of written determinations, if any, at all stages. No resolution of a grievance shall be inconsistent with the provisions of this Agreement. 3.2 Prior to the expiration of any time limits, either Party may extend any time limits by five (5) work days upon written notice to the appropriate person in the step at which time limits are to be extended. All of the time limits contained in this Article may be further extended by mutual agreement of the parties and such extensions shall, in order to be effective, be confirmed in writing. The parties may mutually agree to bypass steps of the grievance procedure. 3.3 In no event can a grievance be taken to the next step or any succeeding step of this procedure unless the employee and/or the representative meets the time limits or extensions thereof. Failure of the Judicial Branch and its representatives to adhere to the prescribed time limits or extensions thereof shall constitute a waiver of the applicable step and the employee and/or MSEA may proceed to the next step. 3.4 Grievances resolved at Steps 1 or 2 shall not constitute a precedent unless a specific agreement to that effect is made by the Judicial Branch Human Resources Director or designee and MSEA. 3.5 Any grievance involving two (2) or more employees within the bargaining unit within the same court location may be processed jointly and shall be initiated with the most common supervisor of the employees involved. 3.6 An aggrieved employee and the employee’s representative shall have the right to inspect and to obtain copies of any records, documents and other materials relevant to the grievance and in the possession of the Judicial Branch. 3.7 An aggrieved employee, the employee’s ▇▇▇▇▇▇▇ and any employee’s witnesses as may be reasonable share all not suffer any loss of pay and shall not be required to charge leave credits as a result of processing grievances during such employee’s or witnesses’ scheduled working hours, provided however that when such activities extend beyond such employee’s or witnesses’ scheduled working hours, such time shall not be considered as time worked. Such release time shall not be construed to include preparation of paper work, record-keeping, conferences among Association officials or preparation for representation at a grievance hearing. 3.8 The arbitrator shall have no authority to add to, subtract from or modify the collective bargaining agreement.