Common use of ARBITRATION AND ARBITRATION PROCEDURES Clause in Contracts

ARBITRATION AND ARBITRATION PROCEDURES. Section 1: If the parties are unable to reach a settlement of the grievance using the procedure outlined in Article 11, either party may submit the grievance to arbitration by serving notice to the other party by certified mail within six (6) days after the denial of the grievance in the grievance procedure of its intent to proceed to arbitration. Only grievances which have been filed in writing and processed in the manner and within the time limit set forth in Article 11 and this Article shall be subject to Arbitration. Section 2: Within five (5) days after a union vote for arbitration or management's decision to proceed to arbitration, the party requesting arbitration shall apply to the Federal Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall confer within seven (7) days of the receipt of the arbitration list for the purpose of striking names from the list. The parties shall strike names from the list alternately and the moving party shall strike first. The arbitrator remaining after each party has two (2) strikes shall be named the arbitrator for the grievance. Section 3: The Arbitrator shall not have any authority to add to, subtract from, amend, modify, ignore or nullify any of the terms of this Agreement. The scope of the Arbitrator's authority shall be limited to conducting the hearing, examining the witnesses of each party, considering the evidence and briefs, if any, and interpreting the language of the Agreement for the sole purpose of determining whether a specified provision thereof has been breached with respect to disputes qualifying under Section 1 of Article 11, or in the case of discharges whether such discharges were for just cause. Section 4: The cost of arbitration, including the cost of the court reporter and transcript where requested by the arbitrator shall be borne equally by the parties, except that each party shall pay the full cost of its own witnesses and investigation. Section 5: In the event of failure of either party to act within the time limits provided in this Article, the party so failing shall forfeit its case, but forfeiture shall not establish a precedent, nor an admission of a contract violation, provided the parties may extend the time limits as set out in this Article by mutual agreement. Section 6: The time limits set forth in this Article shall exclude Saturdays, Sundays, and holidays. Section 7: The decision of the Arbitrator shall become final and binding on the parties to this agreement when delivered to them in writing. Back to Table of Contents of Amalgamated Transit Union, Local 1267 Contract

ARBITRATION AND ARBITRATION PROCEDURES. Section SECTION 1: If In the parties are event either the Union or the Company shall have demanded that a grievance be submitted to arbitration as herein provided, the following procedures shall be observed: A. Within ten days after one party shall have served a demand for arbitration upon the other party, each party shall appoint its arbitrator. B. Should the two arbitrators, selected by the parties, be unable to reach a settlement agree upon the selection of the grievance using third (neutral) arbitrator within ten days from date of appointment of the procedure outlined in Article 11second named arbitrator, then, either party arbitrator may submit the grievance to arbitration by serving notice to the other party by certified mail within six (6) days after the denial of the grievance in the grievance procedure of its intent to proceed to arbitration. Only grievances which have been filed in writing and processed in the manner and within the time limit set forth in Article 11 and this Article shall be subject to Arbitration. Section 2: Within five (5) days after a union vote for arbitration or management's decision to proceed to arbitration, the party requesting arbitration shall apply to request the Federal Mediation and Conciliation Service for (FMCS) furnish a list of five (5) qualified arbitratorsseven persons from which the third arbitrator shall be selected. After reviewing the list, either the Union or the Company may reject the entire list and request a second list of arbitrators from the FMCS. The parties shall confer within seven (7) days of the receipt of the arbitration list for the purpose of striking names third arbitrator must be selected from the second list. The party rejecting the first list shall pay any expense involved in requesting the second list. C. The arbitrator appointed by the parties shall strike names from within five days after receipt of such list, determine by the order of elimination and thereafter each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list alternately and the moving party shall strike first. The arbitrator remaining after each party has two (2) strikes shall be the third (neutral) arbitrator. SECTION 2: If one of the arbitrators named by the arbitrator parties hereto dies, resigns or for any other reason is unable to act, the party appointing him shall name his successor within five days after such death, resignation or withdrawal. If it becomes necessary to appoint a successor for the grievancethird and impartial arbitrator such successor shall be selected in the same manner as the original arbitrator was selected. Any such successor arbitrator shall act with the same power and authority as though originally appointed. Section SECTION 3: The Arbitrator Board of Arbitration shall meet and organize at a mutual location at such time as may be mutually agreed upon between the parties and shall thereafter continue to meet on every day that is practical for them to meet until all of the evidence and arguments have been received and heard and the decision rendered. The Board of Arbitration shall establish its own rules or procedures not have any authority to add to, subtract from, amend, modify, ignore or nullify any of inconsistent with the terms of this Agreement. The scope of the Arbitrator's authority AGREEMENT, and all arbitration proceedings hereunder shall be limited to conducting the hearing, examining the witnesses of each party, considering the evidence and briefs, if any, and interpreting the language of the Agreement for the sole purpose of determining whether conducted in a specified provision thereof has been breached with respect to disputes qualifying under Section 1 of Article 11, or in the case of discharges whether such discharges were for just causemutual location. Section SECTION 4: The cost decision of arbitration, including the cost a majority of the court reporter Board of Arbitration shall become final and transcript where requested by binding on the parties of this AGREEMENT when delivered to them in writing. SECTION 5: The parties hereto shall each pay the fees and expenses of the arbitrator shall be borne equally by the parties, except that each of its own selection. The losing party shall pay the full cost fees and expenses of its own witnesses the neutral arbitrator. Split decision will be born equally by both parties of the neutral arbitrator. Joint expenses incidental to the arbitration shall be agreed to and investigationequally shared by both parties. Each party will pay any legal expenses incurred. Section 5: In the event of failure of either party to act within the time limits provided in this Article, the party so failing shall forfeit its case, but forfeiture shall not establish a precedent, nor an admission of a contract violation, provided the parties may extend the time limits as set out in this Article by mutual agreement. Section SECTION 6: The time limits set forth in this Article shall exclude SaturdaysSaturday, Sundays, Sunday and holidays. Section SECTION 7: The decision neutral arbitrator will be prohibited from changing, adding to, or subtracting from the wording of terms of this Agreement or any supplementary written, approved agreements entered into mutually by the Arbitrator shall become parties. SECTION 8: The Company and Union agree to make attempts to settle a pending arbitration case by meeting to discuss a settlement at least for two meetings within 30 days prior to the final and binding on the parties to this agreement when delivered to them in writing. Back to Table selection of Contents of Amalgamated Transit Union, Local 1267 Contractan arbitrator.