Common use of Step 4 - Arbitration Clause in Contracts

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 ten (10) 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 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 alternatively 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. 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 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, including any costs or attorneys’ fees, 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. 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 ten (10) calendar days following receipt of the Chief Operating Officer or Medical Center Chief Administrative Officer’s Officer or designee’s response. Within ten (10) 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 from Washington and Oregon and the parties shall alternatively strike alternate in striking 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. 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 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-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, including any costs or attorneys’ fees, 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. 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 ten fifteen (1015) calendar days following receipt the date of the Chief Operating Officer or Chief Administrative OfficerHospital Administrator’s or designee’s response. Within ten seven (107) 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 alternatively 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. 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 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, including any costs or attorneys’ fees, 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. If the a grievance is not settled on the basis of the foregoing proceduressatisfactorily resolved at Step 3, the Association Union Staff Representative may submit the issue in writing grievance to final and binding arbitration Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the City Manager or the City Manager’s designee within ten fourteen (1014) calendar days following the date of the response outlined in Step 3, the grievance shall be considered resolved. After receipt of a request to arbitrate from the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days Union, a designee of the notification that City Manager and the dispute is submitted for arbitration, the Association Union shall attempt to agree on an arbitrator. The parties shall make a joint request to the Federal Mediation and Conciliation Service to supply for a panel list of eleven nine (119) arbitrators and the arbitrators. The parties shall alternatively strike then choose an arbitrator by alternately striking names from such the list until the name of such time as one (1) name remains as the arbitrator remains who chosen by the parties. Prior to beginning the striking procedure, either party may reject the list and submit a request for another list from the arbitration tribunal. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Contract. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Contract. The question of arbitrability of a grievance, may be raised by either party at any point in the grievance procedure, on the grounds that the matter is not arbitrable 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 the arbitrator. The party to strike question of arbitrability will be heard and answered before proceeding on the first name shall merits. Thereafter, the alleged grievance will be determined by coin tossheard on its own merits before the same arbitrator. In consultation with The decision of the arbitrator the Parties shall choose a date for the hearing. 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 without authority to change or restrict recommend any right to relief on any alleged grievance occurring at any other time than the Employer’s actioncontract period in which the right originated. The arbitrator shall not reverse the Employer’s exercise of discretion in establish any particular instance and substitute his new or her own judgment or determination for that different wage rates not negotiated as part of the EmployerContract. If a nurse feels the Employer’s determination is based upon bad faithIn case of discharge, is arbitrary and capricious, is based on irrelevant information suspension or favoritismreduction, the nurse arbitrator shall have recourse the authority to award modification of said discipline. The arbitrator shall render, in writing, the arbitrator’s findings and award as quickly as possible within thirty (30) calendar days after the hearing is closed and post- hearing briefs are submitted, if necessary. The arbitrator shall forward such findings and award to the grievance procedureCity Manager, or the City Manager’s designee, and to the FOP/O.L.C. Representative, or the FOP/O.L.C. Representative’s designee. Any dispute as employee who is expected to procedure testify, and whose testimony is relevant to the arbitration, shall be heard and decided by released with pay to attend the arbitrator in a separate proceeding prior hearing, provided that the hearing is held during the employee’s regular work hours. Any expense related 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 onenon-half (½employee witness(es) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, requesting the non- employee attendance at the arbitration hearing. Both the Union and neither party the Employer shall be responsible for share equally in the expenses cost of witnesses called by the other partyarbitration proceedings.

Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association may Union must submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt after the decision of the Chief Operating Officer or Chief Administrative Officer’s or designee’s responseAdministrator in Step 3. Within ten (10) calendar days of the After notification that the dispute is submitted for arbitration, the Association Employer and the Union may attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Washington metropolitan list of seven (7) arbitrators shall request be requested from the Federal Mediation and Conciliation Service Service. Each party may reject the panel once, and request a new list from FMCS. Whichever party requests a new list bears the expense of that list. If the chosen Arbitrator is not available to supply a list of eleven (11) arbitrators and schedule the arbitration within 45 days or as mutually agreed upon the parties shall alternatively strike names will choose again in the same manner from such list until the name of one (1) arbitrator remains who shall be the arbitratorlist. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitratorArbitrator’s decision shall be final and bindingbinding on all parties, subject to limits of authority stated hereinthe following terms and conditions. The arbitrator Arbitrator shall have no authority or power to add to, delete subtract from, disregard, or alter any of otherwise change or modify 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 Arbitrator finds the Employer was not prohibited limited by this Agreement from taking, or not taking, taking the action grieved, she/he or she shall have no authority to change or restrict limit the Employer’s action. The arbitrator action and shall not reverse substitute her/his judgment for the Employer’s exercise of discretion in any particular instance and substitute his or her own so long as that 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 meritswas reasonably exercised. Any dismissal of a grievance by the arbitratorArbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½1/2) of the fee of the arbitrator Arbitrator and any other expense expenses jointly incurred by mutual agreement consent incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, 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 or the other party’s attorneys’ fees.

Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association union may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt the date of the Employer's Chief Operating Officer or Chief Administrative Executive Officer’s 's or designee’s 's response. Within ten seven (107) calendar days of the notification that the dispute is submitted for arbitration, the Association Union shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from the Washington-Oregon area and the parties shall alternatively 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. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s '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 that action grieved, he or she shall have no authority to change or restrict the Employer’s 's action. The arbitrator shall not reverse the Employer’s '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 '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, including any costs or attorneys’ ' fees, shall be borne by the party incurring them, and neither party shall be responsible for the the-expenses of witnesses called by the other party.

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 ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative OfficerHospital Administrator’s or designee’s response. Within ten (10) 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 alternatively 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. 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 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, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.