Arbitration Guidelines. A. The parties shall mutually agree upon an arbitrator within ten (10) work days from the date the request for arbitration is received by the Director of Human Resources.
i. In the event the parties cannot agree to an arbitrator within ten (10) work days from the date the request for arbitration is received by the Director of Human Resources, the arbitrator shall be selected through the Labor Relations Connection (LRC) in accordance with LRC rules then in effect.
ii. The request for arbitration along with a request for a list of arbitrators must be received by LRC within twenty (20) work days of the Director of Human Resources’ receipt of the request for arbitration, in order for the LRC administration fees to be shared equally by the parties.
a. If such request is not received by LRC by the expiration of the twenty (20) work days but is received within forty (40) work days, MSEA-SEIU shall pay the entire LRC administration fee.
b. If a request has not been received by LRC within forty (40) work days of the Director of Human Resources’ receipt of the request for arbitration, MSEA-SEIU will be deemed to have waived its right to appeal the Step 3 decision to arbitration.
iii. The arbitrator shall arbitrate in accordance with the procedures of the Labor Relations Connection.
iv. The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties.
v. The arbitrator shall be requested to issue a written decision within twenty (20) work days after the completion of the proceedings.
vi. In the event of a disagreement regarding the arbitrability of an issue, the arbitrator shall make a preliminary determination as to whether the issue is arbitrable.
vii. Once a determination is made that such a dispute is arbitrable, the arbitrator shall then proceed to determine the merits of the dispute.
viii. The decision of the arbitrator on any issue submitted under this procedure and involving the meaning or application of the specific terms of this Agreement shall be final and binding.
B. The Authority or MSEA-SEIU shall have, if requested, at least twenty (20) work days from the date of the demand for arbitration is received by the Director of Human Resources to prepare its case.
C. Except for as otherwise defined in this Article, the Authority and MSEA-SEIU shall bear equally:
i. The cost and expenses including fees of the arbitrator,
ii. Costs of rental or occupancy of the place of arbitration,
iii. Costs of the reporter a...
Arbitration Guidelines. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement. Both parties agree to be bound by the award of the arbitrator, subject to judicial review.
Arbitration Guidelines.
(A) In the event the respective representatives of the COUNTY and the UNION cannot agree to the selection of an arbitrator within eight (8) calendar days, final selection shall be accomplished with one (1) party, to be determined by lot, first striking off one of the five (1 of 5) names submitted by the State Mediation and Conciliation Service and thereafter the parties alternately striking names until one (1) name remains.
(B) The arbitrator shall have no authority to alter, modify, amend, vacate or change any terms or conditions of this Agreement, to substitute their judgment for that of either party in any instance where the parties have exercised their rights under the terms of this Agreement, nor shall the arbitrator decide on any condition which is not specifically treated in this Agreement.
(C) The award of the Arbitrator may or may not include back pay provided, however, that any back pay award shall not be in excess of the amount of wages and benefits actually lost during the period from sixty (60) days prior to the filing of the grievance and the date of implementation of the arbitrator’s award, less any compensation that the employee actually received.
(D) The Decision and Award of the arbitrator shall be submitted within thirty (30) calendar days following the presentation of the case and such decision shall be final and binding on both parties.
(E) The COUNTY and the UNION agree that the loser of the arbitration shall pay the full expenses and arbitration fees of the arbitrator only; the COUNTY and the UNION shall assume individual liability for the cost of their respective witnesses.
(F) The arbitrator shall identify the losing party in the arbitration hearing and so state in the written decision to both parties.
Arbitration Guidelines. The following guidelines shall apply to arbitration proceedings under this Article:
1. The parties shall submit to arbitration those issues upon which they have not reached agreement, and other matters mutually agreed to by the City and the Lodge.
2. The parties shall arrange for an arbitration hearing to be held not later than thirty (30) days after the selection of the arbitrator. Not later than five (5) days before the arbitration hearing, each of the parties shall submit to the arbitrator and the opposing party a written report summarizing the unresolved issues, each party's final offer as to the issues, and the rationale for their positions.
3. At the arbitration hearing, the arbitrator may hear testimony from the parties and accept evidence relevant to the issues in dispute.
4. After the hearing, the arbitrator shall resolve the dispute between the City and the Lodge by selecting, on an issue-by-issue basis, from between each of the party's final offers, taking into consideration, pursuant to Section 4117.14(G) (7) of the Ohio Revised Code, the following factors:
(a) Past Contracts between the parties;
(b) Comparison of the issues submitted to arbitration and each party's final offer as to each issue with the wages, hours, and terms and conditions of employment generally prevailing in Police Departments of similar size operating under similar circumstances;
(c) The interests and welfare of the public, the ability of the City to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of public service;
(d) The lawful authority of the City;
(e) Any stipulations of the parties;
(f) Such other factors as may be relevant to the arbitrator's decision.
Arbitration Guidelines. (a) The arbitration shall take place in Multnomah County, Oregon, unless the parties agree to a different location.
(b) Three arbitrators shall be selected by mutual agreement of the parties. If the parties are unable to agree upon the identity of these three arbitrators, each party shall select one arbitrator who is not an employee, counsel, or affiliate of that party, and these arbitrators shall confer and select a third person to serve as arbitrator.
(c) The arbitrators shall employ the then-current discovery procedures promulgated under the law of the state of Oregon.
(d) The arbitrators shall employ the then-current trial and deliberation procedures promulgated by the American Arbitration Association but shall not be required to use the services of the American Arbitration Association unless all parties agree.
Arbitration Guidelines a) All grievances arising out of articles 23 and 24 shall be submitted to the sole arbitrator for decision. In any case, the decision of the sole arbitrator must be within the framework of the company’s work measured plan and wage payment methods and further the sole arbitrator shall not have the power to amend, alter or modify the terms of this agreement.
b) For the purposes of articles 23 and 24 of the collective labour agreement, one of the following firms will act as arbitrator as called upon: Xxxxx Xxxxxx & Co. - Xxxxxxx, Bourgetel et Ass. Enr. - Xxxxxxx Xxxxxxx.
Arbitration Guidelines. In the event such appeal is made, the appeal shall be made in writing to the Board within fifteen (15) calendar days from the written receipt of the Board's decision. Failure to file the grievance within these time limits shall be deemed a waiver of the right to appeal.
Arbitration Guidelines.
(A) In the event the respective representatives of the COUNTY and the UNION cannot agree to the selection of an arbitrator within eight (8) calendar days, final selection shall be accomplished with one (1) party, to be determined by lot, first striking off one of the five (5) names submitted by the State Mediation and Conciliation Service and thereafter the parties alternately striking names until one (1) name remains.
(B) The arbitrator shall have no authority to alter, modify, amend, vacate or change any terms or conditions of this Agreement, to substitute their judgment for that of either party in any instance where the parties have exercised their rights under the terms of this Agreement, nor shall the arbitrator decide on any condition which is not specifically treated in this Agreement.
(C) The award of the Arbitrator may or may not include back pay provided, however, that any back pay award shall not be in excess of the amount of wages and benefits actually lost during the period from sixty (60) days prior to the filing of the grievance and the date of implementation of the arbitrator’s award, less any compensation that the employee actually received, including unemployment insurance benefits.
Arbitration Guidelines. The following guidelines shall apply to the arbitration proceedings under this article:
a) The parties shall arrange for an arbitration hearing to be held not later than twenty (20) days after the selection of the Arbitrator. Not later than five (5) days before the arbitration hearing, each of the parties shall submit to the arbitrator and the opposing party a written report summarizing the unresolved issue(s), each party’s final offer as to the issues, and the rationale for their position(s).
b) At the arbitration hearing, the arbitrator may hear testimony from the parties and accept other evidence relevant to the issues in dispute.
c) After the hearing, the Arbitrator shall resolve the dispute between the City and the Union by selecting, on an issue-by-issue basis, from between each of the party’s final offers, taking into consideration the following:
I. Past agreements between the parties;
II. Comparison of the issues submitted to arbitration and each party’s final offer as to each issue with the wages, hours, and terms and conditions of employment generally prevailing in Police Departments of similar size operating under similar circumstances;
III. The interests and welfare of the Public, the ability of the City to finance and administer the issues proposed, and the effect of the adjustments on the normal standard of Public Service;
IV. The lawful authority of the Chief or the City;
V. The stipulation of the parties;
VI. Such other factors as may be relevant to the Arbitrator’s decision.
d) Within thirty (30) calendar days of receipt of the arbitrator’s decision, the City shall either implement the modifications in the conditions of employment in accordance with the Arbitrator’s decision, or abandon the proposed changes in the conditions of employment and maintain or revert to the status quo.
Arbitration Guidelines a) During the term of this Agreement, the parties agree that Xxxxxxx Xxxx of Freeport, Maine shall serve as the Permanent Umpire, and Xxx Xxxxxxx of Xxxxxxxxxx, Maine shall serve as Alternate Permanent Umpire to arbitrate all grievances that arise and are processed to Step 5 of the grievance procedure.
i) The Permanent Umpire or Alternate shall arbitrate in accordance with the procedures of the American Arbitration Association.
ii) Either party who desires to terminate the services of the above-named Permanent Umpire or Alternate shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date.
(1) The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period.
(2) Any grievances initiated prior to the date of the termination letter shall not be arbitrated by the Permanent Umpire or Alternate so terminated.
iii) Should the Permanent Umpire or Alternate’s services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s).
iv) If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association.
v) The Permanent Umpire shall be requested to issue a written decision within thirty
