Common use of Arbitration Guidelines Clause in Contracts

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. ‌ (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. ‌ (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 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. (D) The Decision decision and Award 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 expense 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. ‌ (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 Award of the Arbitrator may or may not include back pay providedpay, 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 '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 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 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. ‌ (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 Award of the Arbitrator may or may not include back pay providedpay, 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 '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 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 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.