Section 3 - Arbitration Clause Samples

Section 3 - Arbitration. The Employer and the Union shall obtain a list of seven (7) recognized arbitrators from Federal Mediation and Conciliation Service to be requested by either, or both parties. Both the Employer and the Union shall have the right to each strike a panel received from Federal Mediation and Conciliation Service. The Union shall strike one (1) name, then the employer shall strike another name, and the process shall be repeated until the remaining named person shall be designated as the arbitrator.
View SourceView Similar (4)
Section 3 - Arbitration. If a satisfactory settlement is not reached in Step 3, the Union may, within ten (10) working days of notification, refer the grievance to arbitration by giving written notice to the Employer:
View SourceView Similar (2)
Section 3 - Arbitration. If the grievance remains unsettled, either party may, within 25 ten (10) working days after the reply of the health administrator or their designee is 26 due, by written notice to the other, request arbitration. The arbitration proceeding 27 shall be conducted by an arbitrator to be selected by the Employer and the 28 Association within five (5) working days after notice has been given. If the parties 29 fail to select an arbitrator, the State Employment Relations Board shall be requested 30 by either or both parties to provide a panel of five (5) arbitrators. Both the Employer 31 and the Association shall have the right to strike two (2) names from the panel. The 32 party requesting arbitration shall strike the first name. The process will be repeated 1 and the remaining person shall be the arbitrator. The arbitrator shall begin taking 2 evidence and testimony as soon as practical after their selection. The arbitrator shall 3 render a decision no later than twenty (20) calendar days after the conclusion of the 4 final hearing. The power of the arbitrator shall be limited to interpreting this 5 agreement and determining if it has been violated and to resolving the grievance 6 within the terms of this agreement. The decision of the arbitrator shall be binding on 7 both parties. The cost of the arbitration shall be borne equally by both parties. Each 8 party shall be responsible for costs of presenting its own case to arbitration.
View Source
Section 3 - Arbitration. Prior to submitting the grievance to arbitration pursuant to this Article, the University and the Union shall meet and attempt to reduce to writing the issue or issues to be placed before the arbitrator. The parties will utilize the Federal Mediation and Conciliation Services procedure. The FMCS arbitration panel shall only contain arbitrators who are members of the National Academy of Arbitrators from the Ohio district.
View Source
Section 3 - Arbitration. In the event no agreement is reached, either party may request arbitration in writing within fifteen (15) working days of the Executive Director's decision or the PERC mediation meeting. Both parties agree that submission of a case to arbitration shall be based on the original written grievance as submitted in Step 1 of the grievance procedure.
View Source
Section 3 - Arbitration. 2 (A) A grievance which either party desires to contest further, and 3 which involves the interpretation or application of the terms of 4 this Agreement, shall be submitted to arbitration as provided in 5 this Article, but only if the Union gives written notice to the 6 Company of its desire to arbitrate the grievance within thirty (30) 7 days of the receipt of the decision provided in Step Two 8 described in Article III, Section 2 (B)(2) or the grievance shall be 9 deemed waived. Such waiver shall not constitute a precedent 10 binding upon the Company or the Union for future grievances.
View Source
Section 3 - Arbitration. 31 If the grievance remains unsettled, either party may, within ten (10) working 32 days after the reply of the Health Administrator or their designee is due, by 33 written notice to the other, request arbitration. The arbitration proceeding 34 shall be conducted by an arbitrator to be selected by the Employer and the 1 Association within five (5) working days after notice has been given. If the 2 parties fail to select an arbitrator, the State Employment Relations Board 3 shall be requested by either or both parties to provide a panel of five (5) 4 arbitrators. Both the Employer and the Association shall have the right to 5 strike two (2) names from the panel. The party requesting arbitration shall 6 strike the first name. The process will be repeated, and the remaining person 7 shall be the arbitrator. The arbitrator shall begin taking evidence and 8 testimony as soon as practical after their selection. The arbitrator shall render
View Source
Section 3 - Arbitration. In the event the respective representatives of the COUNTY and the UNION cannot agree to the selection of an arbitrator within eight (8) calendar days, final selection shallwill be accomplished with one party, to be determined by lot, first striking off one of the five (5) names submitted by the State Mediation and Conciliation Service and thereafter the parties alternately striking names until one name remains. It is understood that in the event either party objects to the list of names supplied by the State Mediation and Conciliation Service, a second list may be requested.
View Source

Related to Section 3 - Arbitration

  • 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

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Expedited Arbitration (a) The parties may meet, to review outstanding grievances filed at arbitration to determine those grievances suitable for this process, and will set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration. (b) All grievances will be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 20 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the collective agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a party intends to raise a preliminary objection;

  • Mediation and Arbitration 27.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this agreement or any breach thereof. If such dispute cannot be settled amicably, through ordinary negotiations by the parties, the dispute shall be referred to the senior representative nominated by the Managing Director or Managing Partner of each party, who will meet in good faith in order to resolve the dispute. If the dispute is not resolved as a result of such meeting, either party may, within 7 (seven) days of its conclusion, propose to the other in writing that structured negotiations be entered into with the assistance of a mediator. 27.2 If the parties are unable to agree on a mediator, or if the mediator agreed upon is unwilling or unable to act, any party may within 7 (seven) days from the date of the proposal to appoint a mediator, or within 7 (seven) days of notice to any party that is unwilling or unable to act, apply to the Arbitration Foundation of South Africa (AFSA) to appoint a mediator. 27.3 The parties will, within 7 (seven) days of the appointment of the mediator, meet with him in order to agree on a program for the exchange of any information and the structure to be adopted for the negotiation to be held in Pretoria or Johannesburg. 27.4 All negotiations connected with the dispute will be conducted in complete confidentiality and the parties undertake not to divulge details of such negotiations, except to their professional advisors, who will also be subject to such confidentiality and will be without prejudice to the rights of the parties in future proceedings. 27.5 If the parties accept the mediator’s recommendations, or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and once, it is signed by the duly authorised representatives, shall be final and binding on the parties. 27.6 Failing agreement, any of the parties may invite the mediator to provide a non-binding, but informative opinion in writing as to the merits of the dispute and the rights and obligations of the parties. Such opinion will be provided on a without prejudice basis and will be private and confidential to the parties and may not be used in evidence in any proceedings commenced pursuant to the terms of this agreement, without the prior written consent of all the parties. 27.7 Should the parties fail to reach agreement in the structured negotiations within 30 (thirty) days of the mediator being appointed, such a failure shall be without prejudice to the right of any party, subsequently to refer any dispute or difference to arbitration, but the parties agree that, before resorting to arbitration, the structured negotiations in accordance with this clause shall have taken place. 27.8 That arbitration shall be held – 27.8.1 with only the parties and their representatives including their legal representatives, present thereat; 27.