Common use of Arbitration Guidelines Clause in Contracts

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 and an original transcript of the hearing, if requested by the arbitrator. D. Any other expenses shall be borne by the party incurring the same. E. The arbitrator shall have no authority to add to, subtract from or modify the collective bargaining agreement.