Common use of Step Six Clause in Contracts

Step Six. Arbitration If the City Manager does not satisfactorily dispose of the complaint, the Association or employee may, within fifteen (15) calendar days, request that the matter be submitted to arbitration. The person designated by the Department of Human Resources shall meet with the Association representative or employee to determine what issue(s) the Association or employee desires to submit to arbitration. If agreement is reached, such agreement shall be reduced to writing and submitted to the arbitrator. If parties cannot agree on the specific issue(s), then each may submit its own statement, and the Arbitrator shall consider and decide only the specific issue(s) submitted to him/her in writing by the City and the Association or employee(s), and shall have no authority to make a decision on any other issue(s) not so submitted. If the matter is submitted to arbitration, the Arbitrator shall hold the hearing as soon as practicable, and the following shall apply: 1. The parties shall meet and attempt to jointly select an Arbitrator. If they are unable to make a joint selection in a period of time not to exceed fifteen (15) calendar days, either party may request a panel of five (5) arbitrators from the American Arbitration Association; 2. Upon receipt of a panel from the American Arbitration Association, the parties shall meet within fifteen (15) calendar days, at which time the parties shall determine the Arbitrator by the alternate strike method. A coin flip will determine the party to strike first; 3. Employees called as witnesses shall be released from duty as needed; 4. The rules of conduct of proceedings shall be according to those procedures utilized by the American Arbitration Association; 5. The findings of the Arbitrator shall be transmitted only to the parties to the dispute or their representatives; 6. Each party shall bear the expenses of presenting its own case; 7. Costs of making stenographic record shall be born equally. The arbitrator’s fee shall be defrayed wholly by the party whose position was not supported by the arbitrator’s findings, except in the case of compromise decisions, the arbitrator shall be empowered to allocate the fee; 8. The Arbitrator shall not have the authority to amend, modify, or add to the provisions of the Agreement. 9. The Arbitrator shall be without power to make decisions contrary to or inconsistent with Federal or State law, the City Charter, City Ordinances and Resolutions. The City shall take no action to resolve the dispute in its favor by amending its Ordinances or Resolutions related to the issue(s) in dispute during the duration of this Agreement. 10. Any issue of arbitrability must first be decided by the Arbitrator before proceeding to a hearing on the grievance; 11. The decision of the Arbitrator shall be final and binding.

Step Six. Binding Arbitration If the City Manager does not satisfactorily dispose of the complaint, the Association or employee may, within fifteen (15) calendar days, request that the matter be submitted to arbitration. The person designated by the Department of Human Resources shall meet with the Association representative or employee to determine what issue(s) the Association or employee desires to submit to arbitration. If an agreement is reached, such agreement shall be reduced to writing writing, and submitted to the arbitrator. If the parties cannot agree on the specific issue(s), then each may submit its own statement, and the Arbitrator shall consider and decide only the specific issue(s) submitted to him/her them in writing by the City and the Association or employee(s), ) and shall have no authority to make a decision on any other issue(s) not so submitted. If the matter is submitted to arbitration, the Arbitrator shall hold the hearing as soon as practicable, and the following shall apply: 1. The parties shall meet and attempt to jointly select an Arbitratorarbitrator. If they are unable to make a joint selection in a period of time not to exceed fifteen (15) calendar days, either party may request a panel of five (5) arbitrators from the American Arbitration Association; 2. Upon receipt of a panel from the American Arbitration Association, the parties shall meet within fifteen (15) calendar days, at which time the parties shall determine the Arbitrator arbitrator by the alternate strike method. A coin flip will determine the party to strike first; 3. Employees called as witnesses shall be released from duty as needed; 4. The rules of conduct of proceedings shall be according to those procedures utilized by the American Arbitration Association;. 5. The findings finding of the Arbitrator shall be transmitted only to the parties to the dispute or their representatives; 6. Each party shall bear the expenses of presenting its own case;. 7. Costs of making stenographic record shall be born equally. The arbitrator’s fee shall be defrayed wholly by the party whose position was not supported by the arbitrator’s findings, except in the case of compromise decisions, the arbitrator shall be empowered to allocate the fee; 8. The Arbitrator arbitrator shall not have the authority to amend, modify, or add to the provisions of the this Agreement. 9. The Arbitrator arbitrator shall be without power to make decisions contrary to or inconsistent with Federal or State law, the City Charter, City Ordinances Ordinances, and Resolutions. The City shall take no action to resolve the dispute in its favor by amending its Ordinances or Resolutions related to the issue(s) in dispute during the duration of this Agreement. 10. Any issue of arbitrability must first be decided by the Arbitrator before proceeding to a hearing on the grievance; 11. The decision of the Arbitrator arbitrator shall be final and binding.