Common use of Appeals to Arbitration Clause in Contracts

Appeals to Arbitration. If the grievance has not been satisfactorily resolved under the provisions of the Grievance Procedure Article, a written appeal to arbitration must be filed by CNA with the Employee Relations Division within five (5) working days of notification of the decision by the Director of Human Resources or that individual’s designee. At the same time and upon mutual agreement of the parties, the grievance may advance to mediation in accordance with this Article. Pre-Arbitration Conferences – Pre-arbitration conferences are mandatory and no grievances shall be arbitrated without exhausting this pre-arbitration process. Twenty (20) working days prior to arbitration, both parties are required to meet in such conference with the goal of resolving mutually identified grievance issues. If resolution is not attained, both parties are obligated at that time to jointly or individually declare stipulations, identify witnesses and exchange exhibits that will be carried forward to the arbitration process, the intent being full disclosure by both sides prior to the arbitration process. Arbitration – Grievances shall only be advanced to arbitration with the agreement of CNA. The cost for hearing all grievances advanced to arbitration shall be split equally between the County department of the grievant and CNA, including any cancellation fee, if both parties are mutually responsible, otherwise the party responsible for the cancellation shall pay the entire cancellation fee. The Employee Relations Division and CNA shall attempt to select an arbitrator by mutual agreement as soon as possible but in no event later than ten (10) working days after receipt of written notice by CNA of its appeal to arbitration. Where mutual agreement cannot be reached, the parties shall request a list of arbitrators from the State Mediation and Conciliation Service, and mutually select an arbitrator within ten (10) working days from receipt of said list. Where mutual agreement cannot be made, the arbitrator shall be determined following a striking process. The determination as to which party strikes first shall be based on a coin flip. If the last remaining person on the list is not available, the previously stricken person(s) shall be contacted in reverse order until one is available. The parties shall contact the arbitrator to establish a hearing date acceptable to both parties. In reaching a decision and award, the arbitrator shall limit himself to the allegations contained in the grievance presented in relation to the express provisions of the agreement alleged to have been violated. The arbitrator shall have no authority to amend, change, add to, subtract from, or ignore any provisions of this Agreement. Additionally, the arbitrator holds no jurisdiction over a grievance where the remedy has been granted or where the requirements of this Grievance Procedure or Arbitration Article have not been met. Lastly, the arbitrator shall not substitute his judgment for that of the County on matters pertaining to the exercise of managerial discretion except where it can be shown by the grievant/CNA that the County abused its discretion. The decision of thearbitratorwill be inwritingandtransmitted to theparties withinthirty (30) calendar days after the close of the hearing. This decision may require an appointing authority or a subordinate to cease and desist from the action, which is the subject of the grievance. The arbitrator may also require the appointing authority to take whatever action is necessary, within the control of the appointing authority, to remedy the grievance or take other action to relieve the loss, if any, to the employee. Under no conditions can the arbitrator order relief that exceeds the relief requested by the grievant and shall be limited to making the grievant whole. In the event the arbitrator determines that monetary relief is an appropriate remedy, he/she shall consider established arbitral standards and principles in determining whether to make any award retroactive to a date earlier than fifteen (15) working days prior to the date the grievance was filed. CNA and the County agree to maintain confidentiality of grievances consistent with applicable regulations and laws. The decision by the arbitrator shall be final and binding on all parties unless there is a financial impact of greater than two thousand five hundred dollars ($2,500), in which case it shall be subject to approval of the Board of Supervisors. For grievance decisions with financial impact of greater than two thousand five hundred dollars ($2,500), the Employee Relations Division will submit the grievance decision to the next practicable meeting of the Board of Supervisors. If the Board of Supervisors fails to act within thirty (30) days following receipt of formal notice of the decision of the arbitrator, it shall become final and binding. A copy of the decision shall be filed with the Employee Relations Division of Human Resources, CNA and the grievant.

Appeals to Arbitration. If the grievance has not been satisfactorily resolved under the provisions of the Grievance Procedure Article, a written appeal to arbitration must be filed by CNA with the Employee Relations Division within five (5) working days of notification of the decision by the Director of Human Resources or that individual’s designee. At the same time and upon mutual agreement of the parties, the grievance may advance to mediation in accordance with this Article. Pre-Arbitration Conferences – Pre-arbitration conferences are mandatory and no grievances shall be arbitrated without exhausting this pre-arbitration process. Twenty (20) working days prior to arbitration, both parties are required to meet in such conference with the goal of resolving mutually identified grievance issues. If resolution is not attained, both parties are obligated at that time to jointly or individually declare stipulations, identify witnesses and exchange exhibits that will be carried forward to the arbitration process, the intent being full disclosure by both sides prior to the arbitration process. Arbitration – Grievances shall only be advanced to arbitration with the agreement of CNA. The cost for hearing all grievances advanced to arbitration shall be split equally between the County department of the grievant and CNA, including any cancellation fee, if both parties are mutually responsible, otherwise the party responsible for the cancellation shall pay the entire cancellation fee. The Employee Relations Division and CNA shall attempt to select an arbitrator by mutual agreement as soon as possible but in no event later than ten (10) working days after receipt of written notice by CNA of its appeal to arbitration. Where mutual agreement cannot be reached, the parties shall request a list of arbitrators from the State Mediation and Conciliation Service, and mutually select an arbitrator within ten (10) working days from receipt of said list. Where mutual agreement cannot be made, the arbitrator shall be determined following a striking process. The determination as to which party strikes first shall be based on a coin flip. If the last remaining person on the list is not available, the previously stricken person(s) shall be contacted in reverse order until one is available. The parties shall contact the arbitrator to establish a hearing date acceptable to both parties. In reaching a decision and award, the arbitrator shall limit himself to the allegations contained in the grievance presented in relation to the express provisions of the agreement alleged to have been violated. The arbitrator shall have no authority to amend, change, add to, subtract from, or ignore any provisions of this Agreement. Additionally, the arbitrator holds no jurisdiction over a grievance where the remedy has been granted or where the requirements of this Grievance Procedure or Arbitration Article have not been met. Lastly, the arbitrator shall not substitute his judgment for that of the County on matters pertaining to the exercise of managerial discretion except where it can be shown by the grievant/CNA that the County abused its discretion. The decision of thearbitratorwill the arbitrator will be inwritingandtransmitted in writing and transmitted to theparties withinthirty the parties within thirty (30) calendar days after the close of the hearing. This decision may require an appointing authority or a subordinate to cease and desist from the action, which is the subject of the grievance. The arbitrator may also require the appointing authority to take whatever action is necessary, within the control of the appointing authority, to remedy the grievance or take other action to relieve the loss, if any, to the employee. Under no conditions can the arbitrator order relief that exceeds the relief requested by the grievant and shall be limited to making the grievant whole. In the event the arbitrator determines that monetary relief is an appropriate remedy, he/she shall consider established arbitral standards and principles in determining whether to make any award retroactive to a date earlier than fifteen (15) working days prior to the date the grievance was filed. CNA and the County agree to maintain confidentiality of grievances consistent with applicable regulations and laws. The decision by the arbitrator shall be final and binding on all parties unless there is a financial impact of greater than two thousand five hundred dollars ($2,500), in which case it shall be subject to approval of the Board of Supervisors. For grievance decisions with financial impact of greater than two thousand five hundred dollars ($2,500), the Employee Relations Division will submit the grievance decision to the next practicable meeting of the Board of Supervisors. If the Board of Supervisors fails to act within thirty (30) days following receipt of formal notice of the decision of the arbitrator, it shall become final and binding. A copy of the decision shall be filed with the Employee Relations Division of Human Resources, CNA and the grievant.