Common use of Appeal to Arbitration Clause in Contracts

Appeal to Arbitration. 1. If the grievant is not satisfied with the disposition of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designee, the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision or the expiration of time lines for the Superintendent or his/her designee's decision. 2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting a list of arbitrators from the American Arbitration Association (AAA) or the California State Mediation and Conciliation Service (CSMCS). In any event, the parties will then be bound by the rules and procedures of the AAA in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance; however, no party in interest shall be permitted to assert any evidence before the arbitrator which was not previously disclosed to the other party. The arbitrator shall consider only those issues raised by the parties in interest. 3. The arbitrator's decision will be in writing and will set forth to all parties his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulations, and procedures of the District. The decision of the arbitrator shall be binding on the parties. 4. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel, and subsistence expenses will be borne equally by the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office. The hearing room requirements may be waived by mutual agreement of the parties. All other costs will be borne by the party incurring them. It is agreed that an arbitrator, whenever possible, shall be selected from the southern California area. 5. The arbitrator shall have no power to render an award in any grievance arising before the effective date or after the expiration date of this Agreement.

Appeal to Arbitration. 1. If In the grievant event the decision at Step 3 is not satisfied with the disposition of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designee, satisfactory to the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision or the expiration of time lines for County, either party within fifteen (15) calendar days may request from the Superintendent or his/her designee's decision. 2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting State Employment Relations Board a list of arbitrators from the American Arbitration Association seven (AAA7) or the California State Mediation and Conciliation Service (CSMCS)arbitrators. In any event, the parties will then Such request shall also be bound by the rules and procedures of the AAA in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance; however, no party in interest shall be permitted to assert any evidence before the arbitrator which was not previously disclosed copied to the other party. The parties shall select an arbitrator shall consider only those issues raised from the list by such method as they may jointly elect, or if they are unable to agree, then by the method of alternative striking of names under which the aggrieved party shall strike the first name objectionable to him or her and the responding party involved shall strike a name objectionable to it. The final name left on the list shall be the arbitrator. Nothing in this section shall prohibit the parties in interest. 3from agreeing upon a permanent arbitrator or permanent list. The arbitrator's decision will shall be in writing final and will set forth binding, but he or she shall have no power to all parties his/alter, modify, add to or detract from the terms of this Agreement. His or her findings of fact, reasoning, decision shall be within the scope and conclusions on the issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The arbitrator will have no power shall be asked to add tosubmit his or her decision within sixty (60) days from the date of the hearing. His or her decision may also apply retroactively, subtract frombut is limited to the date of the original filing of the grievance and shall state the effective date. The arbitrator's fee and the cost of any non-County hearing room, or modify unless such are paid for by the terms State of Oregon, shall be borne by the losing party. The County and the Association shall assume individual liability for the cost of their representatives and preparation of their respective cases. All meetings and hearings under this Agreement or the written policies, rules, regulationsprocedure shall be kept informal and private, and procedures of shall include only such persons at interest and/or designated representatives as referred to in this procedure. Any time limits specified in the District. The decision of the arbitrator shall be binding on the parties. 4. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel, and subsistence expenses will be borne equally by the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office. The hearing room requirements procedure may be waived only by mutual written agreement of the parties. All other costs will be borne Failure by the party incurring themAssociation to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. It is agreed that an arbitrator, whenever possible, shall A grievance may be selected terminated at any time upon receipt of a signed statement from the southern California area. 5Association that the matter has been resolved. Failure by the County to respond to a grievance within the time limits specified herein shall constitute the County's rejection of the grievance at that step and allow the grievance to be pursued by the Association at the next step. The arbitrator Association shall have no power not be required to render an award in pursue to binding arbitration any grievance arising before the effective date or after the expiration date of this Agreementwhich, in its sole determination, lacks merit.

Appeal to Arbitration. 1. If In the grievant event the decision at Step 3 is not satisfied with the disposition of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designee, satisfactory to the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision or the expiration of time lines for County, either party within fifteen (15) calendar days may request from the Superintendent or his/her designee's decision. 2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting State Employment Relations Board a list of arbitrators from the American Arbitration Association seven (AAA7) or the California State Mediation and Conciliation Service (CSMCS)arbitrators. In any event, the parties will then Such request shall also be bound by the rules and procedures of the AAA in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance; however, no party in interest shall be permitted to assert any evidence before the arbitrator which was not previously disclosed copied to the other party. The parties shall select an arbitrator shall consider only those issues raised from the list by such method as they may jointly elect, or if they are unable to agree, then by the method of alternative striking of names under which the aggrieved party shall strike the first name objectionable to him or her and the responding party involved shall strike a name objectionable to it. The final name left on the list shall be the arbitrator. Nothing in this section shall prohibit the parties in interest. 3from agreeing upon a permanent arbitrator or permanent list. The arbitrator's decision will shall be in writing final and will set forth binding, but he or she shall have no power to all parties his/alter, modify, add to or detract from the terms of this Agreement. His or her findings of fact, reasoning, decision shall be within the scope and conclusions on the issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The arbitrator will have no power shall be asked to add tosubmit his or her decision within sixty (60) days from the date of the hearing. His or her decision may also apply retroactively, subtract frombut is limited to the date of the original filing of the grievance and shall state the effective date. The arbitrator's fee and the cost of any non-County hearing room, or modify unless such are paid for by the terms State of Oregon, shall be borne by the losing party. The County and the Association shall assume individual liability for the cost of their representatives and preparation of their respective cases. All meetings and hearings under this Agreement or the written policies, rules, regulationsprocedure shall be kept informal and private, and procedures of shall include only such persons at interest and/or designated representatives as referred to in this procedure. Any time limits specified in the District. The decision of the arbitrator shall be binding on the parties. 4. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel, and subsistence expenses will be borne equally by the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office. The hearing room requirements procedure may be waived only by mutual written agreement of the parties. All other costs will be borne Failure by the party incurring themAssociation to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. It is agreed that an arbitrator, whenever possible, shall A grievance may be selected terminated at any time upon receipt of a signed statement from the southern California area. 5Association that the matter has been resolved. Failure by the County to respond to a grievance within the time limits specified herein shall constitute the County's rejection of the grievance at that step and allow the grievance to be pursued by the Association at the next step. The arbitrator Association shall have no power not be required to render an award in pursue to binding arbitration any grievance arising before the effective date or after the expiration date of this Agreement.which, in its sole determination, lacks merit. Article 14XIV – Compensation

Appeal to Arbitration. 1Appeals to Arbitration for grievances or disciplinary actions shall be submitted in writing within five (5) working days after the Executive Director's response or the response of the “Xxxxxx” officer is given. If Within five (5) working days after the grievant is not satisfied with the disposition filing of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designeesuch appeal, the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision or the expiration of time lines for the Superintendent or his/her designee's decision. 2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee Authority shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting request a list of arbitrators seven (7) neutrals from the American Arbitration Association (AAA) or the California State Mediation and Conciliation Service (CSMCS). In any eventAny fee for such list will be borne equally between the Parties. The Parties may agree on an Arbitrator, but if no agreement is reached, each party shall in turn cross off one (1) name on the parties will then list. The order of striking shall be bound initially determined by the rules toss of a coin, and procedures of alternated in subsequent selections. The final name left on the AAA in the selection of an arbitrator and the arbitrator list shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity selected to hear the merits case. At the arbitration hearing, the aggrieved employee may be accompanied by the Union representatives of the grievance; howeveraggrieved employee’s choice, no party in interest shall be permitted to assert any evidence before the arbitrator which was may include but are not previously disclosed limited to the other party. The arbitrator shall consider only those issues raised by xxxxxxx, the parties in interest. 3. The arbitrator's decision will be in writing and will set forth to all parties his/her findings of fact, reasoningBusiness Agent, and conclusions on the issues submittedUnion’s legal counsel. The arbitrator will be without power of authority Both the aggrieved employee and the Authority have the right to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The arbitrator will have no power to add to, subtract from, or modify the terms of this Agreement or the written policies, rules, regulationspresent documents and other evidence, and procedures call, and cross-examine witnesses. Formal rules of evidence shall not apply, however all evidence must be relevant and may not be the Districtsubject of a protected privilege, such as attorney-client privilege. The decision of the arbitrator Arbitrator shall be in writing and shall be final and binding on the both parties. 4. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel, and subsistence expenses will be borne equally by the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office. The hearing room requirements may be waived by mutual agreement of the parties. All other costs will be borne by the party incurring them. It is agreed that an arbitrator, whenever possible, shall be selected from the southern California area. 5. The arbitrator Arbitrator shall have no power authority to render an award in add, delete, or alter any grievance arising before the effective date or after the expiration date provision of this AgreementMOU, but shall limit the Arbitrator’s decision to the scope, application, and interpretation of the provisions of this MOU, and shall make no decision in violation of existing law. The fees and expenses of the Arbitrator and Court Reporter shall be shared equally by both parties hereto. In case of a grievance involving any money claim against the Authority, no award shall be made by the Arbitrator which shall allow any alleged accruals prior to the date when such grievance shall have been presented to the Authority in writing except in the case whereby the employee or Union, due to lack of knowledge, could not know prior to that date that there were grounds for a claim. In such cases, retroactive claims shall be limited to a period of sixty (60) calendar days prior to the date the claim was first filed in writing.

Appeal to Arbitration. 1. If In the grievant event the decision at Step 3 is not satisfied with satisfactory to the disposition of his/her grievance at Level II or if no written decision has been rendered within ten (10) duty days as required in Level II by the Superintendent or his/her designee, the Association may initiate arbitration proceedings within thirty (30) duty days, following the Level II decision Federation or the expiration of time lines for County, either party within fifteen (15) calendar days may request from the Superintendent or his/her designee's decision. 2. If arbitration is initiated by the Association, the Association and the Superintendent or his/her designee shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) Duty days of the Association's submission of the grievance to arbitration, submission of the grievance shall be made by selecting State Employment Relations Board a list of arbitrators from the American Arbitration Association seven (AAA7) or the California State Mediation and Conciliation Service (CSMCS)arbitrators. In any event, the parties will then Such request shall also be bound by the rules and procedures of the AAA in the selection of an arbitrator and the arbitrator shall proceed under the Voluntary Labor Arbitration Rules of said Association. If any questions arise as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator only after he/she has had the opportunity to hear the merits of the grievance; however, no party in interest shall be permitted to assert any evidence before the arbitrator which was not previously disclosed copied to the other party. The parties shall select an arbitrator shall consider only those issues raised from the list by such method as they may jointly elect, or if they are unable to agree, then by the method of alternative striking of names under which the aggrieved party shall strike the first name objectionable to him or her and the responding party involved shall strike a name objectionable to it. The final name left on the list shall be the arbitrator. Nothing in this section shall prohibit the parties in interest. 3from agreeing upon a permanent arbitrator or permanent list. The arbitrator's decision will shall be in writing final and will set forth binding, but he or she shall have no power to all parties his/her findings of factalter, reasoningmodify, and conclusions on the issues submitted. The arbitrator will be without power of authority add to make any decision which requires the commission of an act prohibited by law or which is in violation of detract from the terms of this Agreement. The arbitrator will have no power to add to, subtract from, His or modify her decision shall be within the scope and terms of this Agreement or the written policies, rules, regulations, and procedures of the District. The decision of the arbitrator shall be binding on asked to submit his or her decision within sixty (60) days from the parties. 4date of the hearing. His or her decision may also apply retroactively, but is limited to the date of the original filing of the grievance and shall state the effective date. The arbitrator's fee shall be borne by the losing party. The County and the Federation shall assume individual liability for the cost of their representatives and preparation of their respective cases. All costs for the services of the arbitrator, including but not limited to, per diem expenses, travelmeetings and hearings under this procedure shall be kept informal and private, and subsistence expenses will be borne equally by shall include only such persons at interest and/or designated representatives as referred to in this procedure. Any time limits specified in the Board and the Association. Odd numbered arbitration grievance hearings shall be held at the District office; even numbered arbitration grievance hearings shall be held at the Association office. The hearing room requirements procedure may be waived only by mutual written agreement of the parties. All other costs will be borne Failure by the party incurring themFederation to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. It is agreed that an arbitrator, whenever possible, shall A grievance may be selected terminated at any time upon receipt of a signed statement from the southern California area. 5Federation that the matter has been resolved. Failure by the County to respond to a grievance within the time limits specified herein shall constitute the County's rejection of the grievance at that step and allow the grievance to be pursued by the Federation at the next step. The arbitrator Federation shall have no power not be required to render an award in pursue to binding arbitration any grievance arising before the effective date or after the expiration date of this Agreementwhich, in its sole determination, lacks merit.