Step 4 - Arbitration Sample Clauses
The 'Step 4 - Arbitration' clause establishes that disputes unresolved through prior negotiation or mediation steps must be settled by arbitration. In practice, this means that if parties cannot reach an agreement through earlier dispute resolution processes, they are required to submit their disagreement to a neutral arbitrator or arbitration panel, whose decision is typically binding. This clause ensures that there is a definitive and structured method for resolving conflicts, providing finality and avoiding prolonged litigation in court.
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Step 4 - Arbitration. After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one
(1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30...
Step 4 - Arbitration. If the grievance is not satisfactorily settled at Step 2, the Union has twenty (20) days from the date of the Step 2 written statement or Step 1 response, to file for arbitration, by sending a Notice of Intent to Arbitrate to the Director of Human Resources. If the Union fails to request arbitration within this time limit, the grievance shall be deemed not eligible to go to arbitration. The Notice of Intent to Arbitrate shall identify the name of the Arbitrator selected by the procedure set forth below.
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
Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration.
b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service.
c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator.
d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance.
e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties.
f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.
Step 4 - Arbitration. If no settlement has been reached in Step 3, the grievance may be submitted to arbitration within ten (10) calendar days of receipt of the superintendent’s decision. The Employer and the Council shall immediately thereafter select an arbitrator to hear the dispute. If the Employer and the Council are not able to agree upon an arbitrator within ten (10) workdays after receipt by the Employer of the demand for arbitration, the parties may request a list of five
Step 4 - Arbitration. 6.5.1 Should either Party have opted to bypass Step 3 or declined to accept the recommendation of the Investigator then the grieving Party may advance the matter to a single arbitrator for a final and binding decision. Notice of advancement must be in writing to the University President and to the Union within twenty (20) working days of receiving the decision at Step 2 or within twenty (20) working days of receiving the recommendation from the Investigator.
6.5.2 Within ten (10) working days of being notified of the intent of either Party to proceed to arbitration the Parties will attempt to choose a single arbitrator.
6.5.3 By mutual agreement, an Arbitration Board may be appointed, consisting of one (1) member appointed by the University, one (1) member appointed by the Union, and a third member who will be the Chairperson will be appointed by the other two (2) appointees.
6.5.4 In the event the Parties are unable to agree on a single arbitrator, or the appointees of an Arbitration Board are unable to agree on a Chairperson, either Party may apply to the Minister of Labour to make the appointment. When the Director of the Collective Agreement Arbitration Bureau has been appointed, either Party may apply to that person to make the appointment.
6.5.5 The decision of the arbitrator or Arbitration Board will be final and binding on both Parties. Each Party will pay its own expenses and one-half (1/2) the compensation and expenses of the arbitrator or Chairperson of an Arbitration Board.
6.5.6 All reasonable arrangements will be made to permit the conferring Parties or arbitrator(s) to have access to the University premises to view any working conditions which may be relevant to the settlement of a grievance. (See Clauses 4.5.4, 4.5.5 and 4.5.
Step 4 - Arbitration. 6.3.4.1 If the grievance is not resolved at Step 3, and if it involves a complaint that there has been a violation, misinterpretation or misapplication of any provision(s) of this agreement, the Union may, at its option, submit the grievance to the American Arbitration Association for appointment of an arbitrator by written notice delivered to the Superintendent or to the Union President as the case may be, and the American Arbitration Association ten (10) workdays after receipt of the answer in Step 3. If no such notices are given within the ten (10) workday period, the answer from Step 3 shall be final and binding on the Union, the employee(s) involved and the Board.
6.3.4.2 It shall be the function of the arbitrator, and the arbitrator shall be empowered, except as powers are limited below, after due investigation to make a decision in writing, setting forth findings and conclusions in a case of a complaint that there has been a violation, misinterpretation or misapplication of any provision(s) of this agreement. The arbitrator's decision shall be based solely upon the express and specific provisions of this agreement, without addition, subtraction, or modification. The arbitrator will be selected and the arbitration will be conducted under the then current rules of arbitration.
6.3.4.3 If the decision by an arbitrator is split, giving each side of the arbitration a partial remedy, the fees of the arbitrator shall be borne equally by the Employer and the Union. If the decision by an arbitrator favors one side only, then the arbitrator's fees shall be borne by the party against whom the arbitration decision is made.
6.3.4.4 The arbitrator's decision, when made in accordance with the jurisdiction and authority established by this agreement, shall be final and binding upon the Union, the employee(s) involved, and the Board. Any adjustment of a grievance agreed upon by the employer and the Union at any stage of the grievance procedure shall conclusively dispose of the grievance and shall be binding upon the Employer, the Union, and any unit member or members involved.
Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within fifteen (15) calendar days following the date of the Hospital Administrator’s or designee’s response. Within seven (7) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatingly strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.
Step 4 - Arbitration. In the event that a grievance goes to arbitration, CSU-AAUP and management shall each select a representative who shall in turn select an arbitrator in accordance with rules of the American Arbitration Association. The cost of the arbitrator shall be borne equally by the parties except as otherwise provided herein. If a transcript is requested by either party, the cost shall be borne by the requesting party and a copy shall be provided the other party. The arbitrator’s decision and award shall be final and binding upon the grievant (subject to applicable law), CSU-AAUP and the Board.
Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance to arbitration on a Request for Arbitration form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3.
(b) The arbitrator shall be one person from a panel of three permanent arbitrators, selected by the state and the Union to serve in rotation for any case or cases submitted. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and Union representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location.
(c) Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties. Under normal circumstances, hearings will be held in Tallahassee; however, selection of the site shall take into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors. If agreement cannot be reached, the arbitration hearing shall be held in the city of Tallahassee.
(d) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and deliver to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information.
(e) Where there is a threshold issue regarding arbitrability, including timeliness, of a grievance raised by either p...