Step Three - Arbitration Sample Clauses

Step Three - Arbitration. A. Within forty (40) calendar days after mediation has been concluded in accordance with 10.05.G.2, arbitration of a grievance may be initiated in accordance with the following provisions: 1. The Association shall have the exclusive right to initiate arbitration of a grievance. The decision or award of the arbitrator shall be final and binding for the Association, the employee and the Employer in accordance with applicable provisions of state law. 2. The Association may initiate arbitration of a grievance only if the resolution of the grievance has been duly authorized by the Association and so certified by the President of the Association or the President’s designee. 3. The Association shall initiate arbitration by filing a demand for arbitration with the American Arbitration Association and with the Commissioner or Commissioner’s designee within forty (40) calendar days of receipt of the notice pursuant to 10.05.G.2. 4. Such arbitration shall be conducted in accordance with the rules and regulations of the American Arbitration Association in effect on the date of said submission, unless otherwise provided herein; provided, however, that the jurisdiction of the arbitrator to inquire into any issue or to render any award is governed solely by the provisions of this Agreement. B. Limit of the Arbitrator's Jurisdiction Subject to the provisions of this Agreement, the arbitrator shall have no authority or jurisdiction to: 1. Arbitrate such portion of any grievance which is removed from the jurisdiction of the Arbitrator by the express terms of this Agreement. 2. Add to, alter or amend any terms or conditions of this Agreement. 3. Inquire into or arbitrate any issue not presented by the original complaint as amended at Step Two. C. Authority of the Arbitrator Unless otherwise provided in this Agreement, the arbitrator shall have the authority to make a final and binding award on any dispute concerning the interpretation or application of this Agreement. The arbitrator's authority in matters which are arbitrable is limited to a determination as to whether the provisions set forth in this Agreement were violated; provided that in matters of professional judgment, the arbitrator shall determine whether the application of such to the grievant has been arbitrary, capricious or unreasonable. Beyond such determination, the arbitrator shall be without power, right or authority to make a decision or to substitute the arbitrator's judgment for that of the Employer or it...

Step Three - Arbitration. If the Union is not satisfied with the answer at Step Two of the grievance procedure, then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty (20) working days of the second step meeting in order for the grievance to be properly referred for arbitration. Within five (5) working days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working days, at which time, it will reconvene and attempt to agree upon an arbitrator. If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. Within five (5) working days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers t...

Step Three - Arbitration. If the grievance has not been adjusted satisfactorily in the foregoing steps, the Chapter shall have the right to make demand upon Western for arbitration of the dispute, provided such demand is made within thirty-five (35) business days after receipt by the Chapter of the Step Two answer or within thirty-five (35) business days after completion of the review board's discussion without adjustment. If such demand has not been made within such thirty-five (35) business day period, the grievance will be considered to be withdrawn. If timely demand is made, Western and the Chapter will promptly join in submitting the dispute to arbitration according to the following procedures, and according to the Rules of the American Arbitration Association to the extent that they are applicable, given the following procedures.

Step Three - Arbitration a. If the teacher(s) does not accept the decision of the Superintendent/designee, and the grievance involves the meaning or application of a specific section(s) of this Agreement, he/she may, within five (5) days, refer the grievance to the B.E. A. Within five (5) days of receipt of the grievant’s request for a Step Three hearing (arbitration), the B. E.A. will decide whether to request a Step Three hearing (arbitration). Such a request for arbitration will be sent to the Superintendent within five (5) days of the B.E.A.’s decision. Therefore, the request for arbitration must be submitted to the Superintendent no later than the twentieth (20th) day after the grievant(s) received the Superintendent’s written response or, in the case of no response from the Superintendent, no later than the twenty-fifth (25th) day after the grievance was submitted to the Superintendent. Upon receipt of the request, B.E.A. shall request the American Arbitration Association to submit a list of seven (7) National Academy arbitrators. Either party may request a second list. Upon receipt of such list, the Board and the B.E.A., or their designees, shall alternately strike names from the list until one (1) ultimately is designated as the arbitrator. b. The arbitrator shall be empowered only to base his/her decision upon a specific section(s) of this Agreement and shall have no power to add to, subtract from, or modify this Agreement. c. The decision of the arbitrator, if rendered within and in accordance with the above stated power, shall be final and binding on B.E.A., its members, the teacher(s) involved, and the Board. d. The fees and expenses of the arbitrator shall be shared equally by the Board and by ▇.▇.▇. ▇. The grievant(s), employees who are witnesses, the B.E.A. President, and the B.E. A. Grievance chairperson shall be excused from work for arbitration hearings with no loss of pay, benefits or emoluments. Teachers who are to be excused for an arbitration hearing shall notify their building principal or designee of their request at least forty-eight (48) hours prior to the date of hearing.

Step Three - Arbitration. 2112 In the event the grievance remains unresolved, the grieving Party may appeal the grievance to arbitration or mediation. Written notice of such appeal must be received by the Labor Relations Representative or designee within ten (10) workdays after receipt of the Step Two response. 2113 An impartial Arbitrator shall be selected by mutual agreement of the Parties. The Arbitrator shall be prohibited from adding to, modifying or subtracting from the terms of this Agreement or any supplemental written agreement of the Parties. Further, it shall not be within the jurisdiction of the Arbitrator to change any existing wage rate or establish a new wage rate. 2114 The award of the Arbitrator shall be final and binding on both Parties. Each Party shall pay one-half (1/2) the cost of the arbitration proceedings and each Party shall be responsible for the cost of its own representatives and witnesses. There shall be no interruptions of work by the Employer or employee(s) pending an Arbitrator’s award.

Step Three - Arbitration. 1) If the Union is not satisfied with the answer at Step Two of the grievance procedure, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within ten (10) working days of the second step meeting, or within ten (10) working days of the last day of mediation in order for the grievance to be properly referred for arbitration. 2) Within five (5) working days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below.

Step Three - Arbitration. If the decision or grievance resolution by the Board of Directors is not acceptable to the Union, the Union may file a written notice of intent to proceed to arbitration. Any such written notice must be filed with the Executive Director of PACT, or his/her designee, within fifteen (15) calendar days of receipt of the Step 2 decision/proposal.

Step Three - Arbitration. Upon receipt of a timely written request, the Union and the Facility shall select an impartial third party to be the Arbitrator to hear and determine the issues. The decision of the Arbitrator shall be final and binding on all parties, subject to the limitations of jurisdiction and authority contained in B. below. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from the Federal Mediation and Conciliation Service. The parties shall alternately strike names from such list until one name remains, which person shall be the arbitrator.

Step Three - Arbitration. If the General Manager or his/her designee’s decision does not resolve the grievance, and the grievance falls under the definition in Section A (1) of this Procedure, the grievant may, within ten (10) days of receipt of the General Manager’s decision, submit a request in writing to the Association to submit the grievance to arbitration. Within twenty (20) days of the grievant’s receipt of the decision of the General Manager or his/her designee, the Association shall inform the District if they desire that the grievance be arbitrated.