Common use of Step 4 - Arbitration Clause in Contracts

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. a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation grievance is not successfulsettled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within twenty-five ten (2510) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the Step 2 meeting, notification that 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 dispute is submitted for 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 Association shall request a list of Arbitrators from the Federal Mediation and Conciliation Service. c. Within five Service to supply a list of eleven (511) days of receipt of the list, arbitrators and the parties shall alternately alternatively strike names from the such list until one the 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 arbitrator remains who shall be the arbitrator. The party to strike the availability first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. authority stated herein. The Arbitrator arbitrator shall have no authority or power to add to, subtract delete from, modify disregard, or disregard 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 of the Arbitrator shall be final and binding solely on the partiescontractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, although each side retains whatever rights it has under state or federal law to challenge not taking, the decision and award. The Arbitrator action grieved, he or she shall have no jurisdiction or authority to issue change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any award changingparticular 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, modifying is arbitrary and capricious, is based on irrelevant information or restricting any action taken favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the College arbitrator in a separate proceeding prior to any hearing on matters committed 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 College’s discretion under Article 23arbitration hearing. All other expenses, Management Rightsincluding any costs or attorneys’ fees, which are not further abridged shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the 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 Agreementparty.

Step 4 - Arbitration. a. 1. If the Union member-grievant is dissatisfied not satisfied with the written decision at answer in Step 2 or if the mediation is not successfulThree, within twenty-five one (2521) calendar days thereafter the Labor Council may appeal to arbitration by serving a notice of intent to the Employer. 2. Within twenty-one (21) days of the Step 2 meetingEmployer’s receipt of the notice of intent to file under the grievance arbitration procedure, 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 arbitrationLabor Council, 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 partyby letter or e- mail, they shall request a list panel of nine (9) arbitrators from Ohio who are members of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service. Within fourteen (14) calendar days of receipt of the list of arbitrators, the parties shall alternate striking of names from the list until one (1) name remains. FMCS shall be notified of the remaining name as the parties’ selection as their arbitrator. 3. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised once by either and/or both parties in any one (1) grievance. 4. Nothing in this article shall be construed to prohibit the parties from mutually agreeing on an arbitrator prior to requesting a panel of names from the Federal Mediation and Conciliation Service. c. Within five (5) days of receipt . The Federal Mediation and Conciliation Service shall assign an arbitrator based upon the ranking of the listparties (arbitrator with lowest combined ranking) and shall notify the parties of the arbitrator assigned to the grievance. The arbitrator shall arrange with the parties, the parties date, time and place of the meeting. 6. Arbitration proceedings shall alternately strike names from be conducted under the list until one name remainsvoluntary labor arbitration rules of the Federal Mediation and Conciliation Service, except as modified by the provisions of this Agreement. The person whose name remains arbitrator shall be the Arbitratorhear only one grievance at a time unless both parties agree to consolidate two (2) or more grievances. d. Each party shall bear 7. After a dispute on which the expense of preparing and presenting its own casearbitrator is empowered to rule hereunder has been referred to an Arbitrator, such dispute may be withdrawn by either party. The costs fees of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, arbitrator and the cost of any rent, if any, for the hearing transcript, room shall be borne equally by the College parties. The expenses of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The fees of a court reporter shall be paid by the party asking for one; however, such fee shall be split equally if both parties desire a reporter or request a copy of the transcript. 8. The grievant, the Union representative, and employee witnesses called by either party who appear at an arbitration hearing during their working hours shall not suffer any loss in pay. Member witnesses, other than the grievant and ▇▇▇▇▇▇▇▇ representative called by the Union, will be permitted time off, with pay, if such time off is during regularly assigned working hours, provided that the needs of the City, the Police Department, and the Unionsafety of the citizenry of the City are not compromised. 9. Unless otherwise mutually agreedDisputes may only be submitted to arbitration during the life of the contract or an agreed to extension thereof. No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates of this Agreement. Nothing herein shall preclude a pending grievance from being processed under the provisions of this Agreement. 10. No decision by an arbitrator shall infringe upon the following: a. The obligation of the City as expressed or intended by the provisions of Ohio law; b. The statutory obligations of the City; c. The legal principles expressed by Ohio Supreme Court determination or by any other court of competent jurisdiction, each arbitration hearing or in the general body of legal principles which are applicable to municipalities and their municipal functions. 11. The arbitrator shall deal with no not change wage rates already in effect pursuant to this Agreement. No award of any arbitrator shall be retroactive for any period more than one six (16) months prior to the date of the filing of a grievance. No arbitration determination or award shall be made by any arbitrator granting any right or relief for any period of time whatsoever prior to the execution date of the grievance. e. Subject to 12. The arbitrator shall conduct a fair and impartial hearing concerning the availability grievance, hearing and recording testimony from both parties and applying the rules of the Arbitrator selected, arbitration Federal Mediation and Conciliation Service. The arbitrator shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall not have no the authority or power to add to, subtract from, disregard, alter or modify or disregard any of the terms or provisions of this Agreement. 13. The arbitrator shall expressly confine himself to the precise issues submitted for arbitration and shall have no authority or privilege to determine any other issue or issues not so submitted to him. Nor shall the arbitrator have the authority or privilege to submit observations or declarations of opinion which are not directly essential in reaching a decision on the precise subject of the grievance. The arbitrator shall have no power to decide any questions which, under this Agreement, are solely within the responsibility of management to decide and not in conflict with the Agreement. 14. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe such responsibilities, except as they may be conditioned by this Agreement. The arbitrator may not make an award or decision which in effect grants either party that which it was unable clearly to secure during past collective bargaining negotiations. Any issue left unsettled by the parties when the Agreement is signed must be determined by the parties, not by an arbitrator. 15. It is expressly understood that the decision of the Arbitrator arbitrator, within his/her function and authority as set forth herein, shall be final and binding on the upon both parties, although each side retains whatever rights it has under state or federal law to challenge the . The arbitrator’s decision and awardaward shall be in writing and will specifically state the rationale for the decision. The Arbitrator An arbitration decision or award shall have no jurisdiction or authority not be used as a precedent for any subsequent grievance but may be cited in support of a party’s position. 16. Any grievance must be completed and filed upon the authorized grievance form agreed to issue any award changing, modifying or restricting any action taken by between the College on matters committed parties to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction Such form shall extend solely to claims of violation of specific written provisions provide for a statement of the grievance and its relevant facts; the particular provision of this Agreement alleged to have been misinterpreted, misapplied, or violated; and involve only the interpretation particular remedy sought. 17. Any grievance not appealed or advanced to the next step by the grievant or the Union within the time limits in that step shall be deemed resolved by the employer’s last answer. Any grievance not answered by the Employer within the time limits in that step, shall be deemed to have been responded to in the negative and application may be appealed to the next step of the Agreementgrievance procedure in accordance with the applicable time limitations. Time limits may be extended by the Employer and the grievant by mutual agreement in writing.

Step 4 - Arbitration. a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation grievance is not successful, within twenty-five (25) days settled on the basis of the Step 2 meetingforegoing procedures, the Union may advance must submit the grievance issue in writing to arbitrationarbitration within ten (10) calendar days after the decision of the Administrator in Step 3. Only After notification that 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 dispute is submitted for arbitration, the Union Employer and the College shall select an impartial third party Union may attempt to be Arbitrator. In the event the parties cannot agree on an arbitrator. If the selection of Employer and the Union fail to agree on an impartial third partyarbitrator, they shall request a the Washington metropolitan list of Arbitrators seven (7) arbitrators shall be requested from the 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 may reject the panel once, and request a new list from FMCS. Whichever party requests a new list bears the expense of preparing and presenting its own casethat list. If the chosen Arbitrator is not available to schedule the arbitration within 45 days or as mutually agreed upon the parties will choose again in the same manner from the list. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, ’s decision shall be borne equally by the College final and the Union. Unless otherwise mutually agreedbinding on all parties, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject 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. following terms and conditions. The Arbitrator shall have no power authority to add to, subtract from, or otherwise change or modify or disregard any of the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The decision If the Arbitrator finds the Employer was not limited by this Agreement from taking the action grieved, she/he shall have no authority to limit the Employer’s action and shall not substitute her/his judgment for the Employer’s so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expenses jointly incurred by mutual consent incident to the arbitration hearing. All other expenses 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 borne by the College on matters committed to party incurring them, and neither party shall be responsible for the Collegeexpenses of witnesses called by the other party or the other party’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 Agreementattorneys’ fees.

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 party that requested the arbitration will strike the first name (such that the final strike is made by the party that did not request arbitration). 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. g. If a Bargaining Unit Faculty member must miss a class because they are required to attend an arbitration, there shall be no loss of compensation from the College for that Bargaining Unit Faculty member for missed scheduled class time on that date.

Step 4 - Arbitration. a. 1. If the Union member-grievant is dissatisfied not satisfied with the written decision at answer in Step 2 or if the mediation is not successfulThree, within twenty-five one (2521) calendar days thereafter the Labor Council may appeal to arbitration by serving a notice of intent to the Employer. 2. Within twenty-one (21) days of the Step 2 meetingEmployer’s receipt of the notice of intent to file under the grievance arbitration procedure, 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 arbitrationLabor Council, 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 partyby letter or e- mail, they shall request a list panel of nine (9) arbitrators from Ohio who are members of the National Academy of Arbitrators from the Federal Mediation and Conciliation Service. Within fourteen (14) calendar days of receipt of the list of arbitrators, the parties shall alternate striking of names from the list until one (1) name remains. FMCS shall be notified of the remaining name as the parties’ selection as their arbitrator. 3. Both parties shall have the option to strike the entire panel of proposed arbitrators. This option may be exercised once by either and/or both parties in any one (1) grievance. 4. Nothing in this article shall be construed to prohibit the parties from mutually agreeing on an arbitrator prior to requesting a panel of names from the Federal Mediation and Conciliation Service. c. Within five (5) days of receipt . The Federal Mediation and Conciliation Service shall assign an arbitrator based upon the ranking of the listparties (arbitrator with lowest combined ranking) and shall notify the parties of the arbitrator assigned to the grievance. The arbitrator shall arrange with the parties, the parties date, time and place of the meeting. 6. Arbitration proceedings shall alternately strike names from be conducted under the list until one name remainsvoluntary labor arbitration rules of the Federal Mediation and Conciliation Service, except as modified by the provisions of this Agreement. The person whose name remains arbitrator shall be the Arbitratorhear only one grievance at a time unless both parties agree to consolidate two (2) or more grievances. d. Each party shall bear 7. After a dispute on which the expense of preparing and presenting its own casearbitrator is empowered to rule hereunder has been referred to an Arbitrator, such dispute may be withdrawn by either party. The costs fees of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, arbitrator and the cost of any rent, if any, for the hearing transcript, room shall be borne equally by the College parties. The expenses of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The fees of a court reporter shall be paid by the party asking for one; however, such fee shall be split equally if both parties desire a reporter or request a copy of the transcript. 8. The grievant, the Union representative, and employee witnesses called by either party who appear at an arbitration hearing during their working hours shall not suffer any loss in pay. Member witnesses, other than the grievant and grievant representative called by the Union, will be permitted time off, with pay, if such time off is during regularly assigned working hours, provided that the needs of the City, the Police Department, and the Unionsafety of the citizenry of the City are not compromised. 9. Unless otherwise mutually agreedDisputes may only be submitted to arbitration during the life of the contract or an agreed to extension thereof. No issue whatsoever may be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place during the effective dates of this Agreement. Nothing herein shall preclude a pending grievance from being processed under the provisions of this Agreement. 10. No decision by an arbitrator shall infringe upon the following: a. The obligation of the City as expressed or intended by the provisions of Ohio law; b. The statutory obligations of the City; c. The legal principles expressed by Ohio Supreme Court determination or by any other court of competent jurisdiction, each arbitration hearing or in the general body of legal principles which are applicable to municipalities and their municipal functions. 11. The arbitrator shall deal with no not change wage rates already in effect pursuant to this Agreement. No award of any arbitrator shall be retroactive for any period more than one six (16) months prior to the date of the filing of a grievance. No arbitration determination or award shall be made by any arbitrator granting any right or relief for any period of time whatsoever prior to the execution date of the grievance. e. Subject to 12. The arbitrator shall conduct a fair and impartial hearing concerning the availability grievance, hearing and recording testimony from both parties and applying the rules of the Arbitrator selected, arbitration Federal Mediation and Conciliation Service. The arbitrator shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall not have no the authority or power to add to, subtract from, disregard, alter or modify or disregard any of the terms or provisions of this Agreement. 13. The arbitrator shall expressly confine himself to the precise issues submitted for arbitration and shall have no authority or privilege to determine any other issue or issues not so submitted to him. Nor shall the arbitrator have the authority or privilege to submit observations or declarations of opinion which are not directly essential in reaching a decision on the precise subject of the grievance. The arbitrator shall have no power to decide any questions which, under this Agreement, are solely within the responsibility of management to decide and not in conflict with the Agreement. 14. In rendering decisions, an arbitrator shall give due regard to the responsibility of management and shall so construe such responsibilities, except as they may be conditioned by this Agreement. The arbitrator may not make an award or decision which in effect grants either party that which it was unable clearly to secure during past collective bargaining negotiations. Any issue left unsettled by the parties when the Agreement is signed must be determined by the parties, not by an arbitrator. 15. It is expressly understood that the decision of the Arbitrator arbitrator, within his/her function and authority as set forth herein, shall be final and binding on the upon both parties, although each side retains whatever rights it has under state or federal law to challenge the . The arbitrator’s decision and awardaward shall be in writing and will specifically state the rationale for the decision. The Arbitrator An arbitration decision or award shall have no jurisdiction or authority not be used as a precedent for any subsequent grievance but may be cited in support of a party’s position. 16. Any grievance must be completed and filed upon the authorized grievance form agreed to issue any award changing, modifying or restricting any action taken by between the College on matters committed parties to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction Such form shall extend solely to claims of violation of specific written provisions provide for a statement of the grievance and its relevant facts; the particular provision of this Agreement alleged to have been misinterpreted, misapplied, or violated; and involve only the interpretation particular remedy sought. 17. Any grievance not appealed or advanced to the next step by the grievant or the Union within the time limits in that step shall be deemed resolved by the employer’s last answer. Any grievance not answered by the Employer within the time limits in that step, shall be deemed to have been responded to in the negative and application may be appealed to the next step of the Agreementgrievance procedure in accordance with the applicable time limitations. Time limits may be extended by the Employer and the grievant by mutual agreement in writing.