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.