Final and Binding Arbitration Clause Samples

Final and Binding Arbitration. Should any Dispute (or part thereof) -------------------------------- remain between the parties after completion of the negotiation and mediation process set forth above, such Dispute shall be submitted to final and binding arbitration in Seattle, Washington pursuant to the provision of R.C.W. 7.04. Procedurally, the arbitration will be conducted in conformity with Washington Mandatory Arbitration Rules 5.1 - 5.4 and the following provisions, which shall supersede the R.C.W. in the event of any inconsistency: A. Selection of Arbitrator(s). There shall be a single arbitrator, except in the case where the amount in dispute exceeds $100,000, in which case there shall be three arbitrators. If the parties cannot agree upon acceptable arbitrator(s) within ten (10) days of the termination of the mediation, each party shall select one arbitrator from a list of not less than five (5) arbitrators provided by the other party. These two arbitrators shall select a third arbitrator who shall serve as the sole arbitrator or the third arbitrator, as the case may be. The determination of a majority of the arbitrators or the sole arbitrator, as the case may be, shall be conclusive upon the parties and shall be non-appealable.

Final and Binding Arbitration. The decision of the arbitrator shall be final, conclusive, and binding on the Parties. The Parties agree that that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

Final and Binding Arbitration. If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, except, however, that the following subject shall not be submitted nor subject to binding arbitration: 1. The elimination or discontinuance of any job where the tasks being performed on the job are no longer necessary, or where the Board of Commissioners through the budget process eliminates or discontinues jobs. The specific exception noted above is not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The Union will forward the remaining three names on the District’s list to the Director of Human Resources who will then send a written request to each of the six named Arbitrators and ask him/her to serve on the Roster of Arbitrators. Arbitrators will advise the parties of their fees and expenses prior to selection and will be expected to charge such fees and expenses. Payment of Arbitrator fees and expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within 60 days of notice that a grievance is ready for arbitration and submit their decision within 60 days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, the party which selected the Arbitrator will then contact other Arbitrators on the Roster of Arbitrators’ list provided by the other party to obtain their agreement to be on the Roster of Arbitrators so that each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for...

Final and Binding Arbitration. 43.01 Should the Employer and the Union reach an impasse in negotiations for the renewal of the above-mentioned Agreement, the parties agree to forego the right to strike or lock-out and upon request of either party, to submit all outstanding matter to an Arbitrator, as hereinafter provided. The Employer and the Union shall meet and agree on which proposals remain outstanding between them within fourteen (14) days of the date of reaching such impasse. The Arbitrator shall be selected by mutual agreement between the Employer and the Union if at all possible. If no agreement is reached on the person who shall act as Arbitrator, either party may then request, the Manitoba Labour Board to make the appointment. The Arbitrator shall receive a written statement or brief from the Employer and the Union outlining each of their respective positions on the outstanding proposals within fourteen (14) days of their appointment, and shall select either the Employer’s position, the Union’s position, the combination of both the Employer’s and Union’s positions as outlined by them as the basis for settlement, or settle the matters in any way they deem equitable. The Employer and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Employer and the Union shall submit their final positions on all outstanding proposals by courier, to the Arbitrator, within the fourteen (14) days specified above, or they shall waive all rights under this provision, and the Arbitrator is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above. The Arbitrator shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement. The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Arbitrator.

Final and Binding Arbitration. If the Union desires to pursue the grievance further, the Union shall, within thirty (30) days of receipt of the Answer to Letter of Grievance - Step Three, submit a written request to the SFMTA Human Resources Director or designee that the grievance be heard and resolved by a final and binding arbitration hearing with an arbitrator/hearing officer. Only the Union may advance a grievance to final and binding arbitration.

Final and Binding Arbitration. If the grievance has not been resolved, either party may submit the grievance to arbitration within ten (10) working days from the response in Step 3. Failure to timely appeal the grievance shall render final and binding the decision established in Step 3. The request shall specifically identify the issue(s) related to the grievance as previously established during the original filing of said grievance.

Final and Binding Arbitration. If the grievance has not been resolved at Step 2, the Union or the County may refer the dispute to final and binding arbitration.

Final and Binding Arbitration. In the event any controversy or dispute arises in connection with the validity, construction, application, enforcement or breach of this Agreement, including any and all claims that the Employee may have against Adaptec or any of its officers, directors, employees and/or agents acting in their official capacity or otherwise, and all disputes and claims Adaptec may have against Employee, shall be submitted and subjected to final and binding arbitration pursuant to the employment dispute resolution rules of the American Arbitration Association and the California Arbitration Act and the parties hereto expressly waive their rights, if any, to have such matters heard by a court or jury, or administrative agency, whether state or federal. The claims covered by this Agreement which shall be submitted to final and binding arbitration include, but are not limited to, claims for breach of this Agreement, claims for wrongful termination and constructive termination, including any and all claims for compensation and benefits as called for in paragraph 8 of this Agreement; claims for wages or other compensation and benefits due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, color, sex, religion, national origin, age, sexual orientation, marital status, medical condition, family leave, handicap and/or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); and claims for violation of any federal, state or other governmental law, statute, regulation, constitution or ordinance, with the exception of claims excluded in Paragraph 9(b) below.