Arbitration Appeal Sample Clauses

Arbitration Appeal. A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office. B. In non-disciplinary grievances, either the PBA or the Employer may request to take the issue or grievance directly to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within fifteen (15) calendar days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible.

Arbitration Appeal. The Arbitrator’s decision with respect to a Vehicle Repurchase shall be final and binding with no right of appeal by FCA US. However, Arbitration Claimants who do not prevail on a claim for a Vehicle Repurchase are entitled to appeal the Arbitrator’s award to an Appellate Arbitrator. The Arbitration Claimant seeking appeal must advance the entire cost of the appeal proceeding as set by the Appellate Arbitration Administrator. If the Arbitration Claimant prevails on appeal, FCA US shall reimburse all fees and costs charged by the Appellate Arbitration Administrator. The Arbitration Claimant shall not be entitled to reimbursement of fees and costs if FCA US prevails on appeal. No other appeals or requests for judicial review shall be allowed.

Arbitration Appeal. The private arbitration of a grievance shall be 24 governed and controlled by the following procedures:

Arbitration Appeal. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office.

Arbitration Appeal. The private arbitration of a grievance shall be 21 governed and controlled by the following procedures: 22 a. Within seven (7) working days after receipt of a written notice for 23 arbitration, the parties shall meet to select an arbitrator. If the parties fail 1 to select an arbitrator, the Wisconsin Employment Relations Commission 2 may be requested by either or both parties to provide a panel of five (5) 3 arbitrators. Both the City and the Association shall have the right to delete 4 two (2) names from the panel of arbitrators received from the Wisconsin 5 Employment Relations Commission, each in alternate strikes, with the 6 remaining person becoming the arbitrator. 7 b. The arbitrator so selected shall hold a hearing at a time and place 8 convenient to the parties, and shall take such evidence as is in the 9 arbitrator's judgment appropriate to the disposition of the dispute. The 10 arbitrator shall have initial authority to determine whether or not the 11 grievance is arbitrable, and once so determined, shall proceed to determine 12 the merits of the grievance submitted to arbitration. 13 c. The arbitrator shall be requested to issue a decision within thirty (30) days 14 after the conclusion of testimony and argument. The arbitrator, in arriving 15 at a determination of any issue, shall be limited to the terms of this 16 Agreement and shall neither modify, amend, add to, nor subtract from the 17 language of the Agreement. The arbitrator shall adjudicate and not 18 legislate or determine interests. The decision of the arbitrator shall be 19 final and binding on the parties. 20 d. Expenses for the arbitrator's services and the proceedings shall be borne 21 equally by the City and the Association; however, each party shall be 22 responsible for compensating its own representatives and witnesses. If 23 either party desires a verbatim record of the proceedings, it may cause 1 such a record to be made, providing such party pays for the record. If both 2 parties desire a verbatim record, such cost shall be borne equally.

Arbitration Appeal. Arbitration Provisions, Page 4

Arbitration Appeal. The arbitration of a grievance shall 6 be governed and controlled by the following procedures: 7 A. Absent a mutual agreement as to the selection of an arbitrator, 8 the Association shall make a written request to the Wisconsin 9 Employment Relations Commission to provide a panel of five (5) 10 WERC arbitrators. The parties shall alternatively strike names 11 from the list, with the grieving party having the first strike. This 12 request must be made within ten (10) calendar days after the 13 date of the written notice of further appeal. 14 B. The arbitrator shall hold a hearing at a time and place 15 convenient to the parties, and shall take such evidence as is in 16 the judgment of the arbitrator appropriate for the proper 17 determination of the grievance. The arbitrator shall have initial 18 authority to determine whether or not the grievance is arbitrable 19 and when so determined, the arbitrator shall proceed to 20 determine the merits of the grievance submitted to arbitration. 21 C. The decision of the arbitrator shall be final and binding on the 22 parties. The arbitrator in arriving at a decision shall neither add 23 to, detract from, nor modify the language of this Agreement or 1 departmental rules, regulations and procedures. The arbitrator 2 shall adjudicate and not legislate or determine interests. 3 D. Expenses for the services of the arbitrator and the proceedings 4 shall be borne equally by the Village and the Association. 5 However, each party shall be responsible for compensating its 6 own representatives and witnesses. If either party desires a 7 verbatim record of the proceedings, it may cause such a record 8 to be made providing such party pays for the record. If both 9 parties desire a verbatim record, such costs shall be borne 10 equally between the parties. 11 E. Additional days to settle or move a grievance may be extended 12 by mutual agreement. 13

Arbitration Appeal. The private arbitration of a grievance shall be 2 governed and controlled by the following procedures:

Arbitration Appeal