Arbitration Referral. A. If the grievance is not resolved at Step Three, the Union may, within fourteen (14) calendar days after receipt of the Step Three written response, submit a written request for arbitration to the City Manager. Employees shall not be entitled to arbitrate grievances unless the Union refuses to arbitrate an employee’s grievance solely because the employee is not a Union member in which event the employee shall be entitled to arbitrate under the same conditions and financial obligations as the Union.
B. The parties agree, within ten (10) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service (FMCS) by the Union. All arbitrators must reside in Florida or agree to charge travel expenses as if they resided in Tampa, Florida. Within five (5) calendar days after receipt of the list, the parties shall meet and alternately cross out names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall cross out the first name.
C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement, and shall confine his decision solely to the interpretation or application of this Agreement. The arbitrator shall not have authority to determine any issues not submitted to him. The arbitrator shall not award any monetary relief to any employee who has not filed a timely written grievance under Section 9.2(A)
D. Subject to applicable law, the decision of the arbitrator shall be final and binding upon the aggrieved employee and/or the Union, and the City.
E. The arbitrator's fee and expenses and the fees for the appearance of the court reporter along with the costs associated with the arbitrator’s copy of the transcript (if requested) shall be borne equally by the parties to the arbitration.
F. Attendance at any arbitration procedure and the compensation of participants or witnesses shall be the responsibility of the party requesting the participants or the witnesses. Either party desiring transcripts of the arbitration hearing shall be responsible for the cost of such transcripts. Each party shall be responsible for their own attorney’s fees and costs.
G. The arbitrator shall be requested to render his decision as quickly as possible.
H. In deciding any grievance resulting in retroactive adjustment, such adjustment shall be limited to the date of the initial occu...
Arbitration Referral. Where a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the collective agreement, an arbitrator from the attached list or a substitute agreed to by the parties, shall at the request of either party:
(a) investigate the difference;
(b) define the issue in the difference; and
(c) make written recommendations to resolve the differences within five days of receipt of the request; and, for those five days from that date, time does not run in respect of the grievance procedure.
Arbitration Referral. Failing satisfactory adjustment at the First Step, the Local Union may refer the matter to the National Union. The representatives of the National Union will review the matter and if it is one which is within the power and authority of the Impartial Arbitrator, they may, within thirty (30) days from the date of the answer from the senior manager or delegate refer the matter to Impartial Arbitration, in accordance with Article The referral to the selected arbitrator, shall be made within ten (10) working days of such selection. A copy of the letter requesting the designated arbitrator's services shall be sent to the Regional Industrial Relations representative. Prior to the actual submission of the grievance to the Arbitrator, the parties may, by agreement, arrange a meeting in a final attempt to adjust the matter. Any such meeting shall be without prejudice to the rights of either party under the grievance procedure and shall not affect the times prescribed in which appeals may be lodged. In attendance at this meeting will be the full committee, the Regional Industrial Relations representative or delegate and the representative of the National Union. R Upon prior notice to the Regional Industrial Relations representative or delegate, a member of the National Union may visit the facility to review the specific grievance or grievances. R Such facility entry visits shall be reasonable in duration, confined to the specific issue and non-restricted areas. The Local Union shall accompany the National Union staff member during the investigation. REPRESENTATIVE GRIEVANCES Whenever one or more grievances involve a similar issue such grievances may be withdrawn without prejudice pending the final disposition of a representative case. In such event, the withdrawal without prejudice will not affect any financial liability requested in the grievances. EXTENSION OF TIME LIMITS Any period of time specified in the Grievance Procedure clause may be extended by mutual agreement confirmed by letter from the requesting party. In the event the Company has not responded to the complaint or grievance steps within the time limit and no extension has been agreed upon, the Union may proceed to the next step in the procedure. WITHDRAWAL OF GRIEVANCES Failure of the or the Local Union to process a grievance to the next step in the Grievance Procedure within the time limits specified shall not be deemed to have prejudiced the Union on any similar grievance.
Arbitration Referral. 1. In the event the grievance is settled in Step Two, Grievance Mediation or in informal arbitration, such disposition will be reduced to writing and shall be final and binding on both parties. In the event the grievance is not settled or disposed of in Step Two, Grievance Mediation or in informal arbitration, and the Union wishes to process it further, they may submit it to arbitration in accordance with the provisions of Article 24, Arbitration.
Arbitration Referral. Failing satisfactory adjustment at the First Step, they may, within thirty (30) days from the date of the answer from the senior manager or his/her delegate refer the matter to Impartial Arbitration, in accordance with Article 8. The referral to the selected arbitrator, shall be made within ten (10) working days of such selection. A copy of the letter requesting the designated arbitrator's services shall be sent to the Regional Industrial Relations representative.
Arbitration Referral. For any grievance that is not resolved at Step 2, the grievant, within five (5) weekdays after issuance of the Step 2 written answer, submit a notice of intent to Arbitrate to the Chief 95 Operating Officer (COO) or designee. Within thirty (30) calendar days from the filing of a notice of intent, a final request for Arbitration must be filed.
Arbitration Referral. Failing satisfactory adjustment at the First Step, the Local Union may refer the matter to the National Union. The representatives of the National Union will review the matter and if it is one which is within the power and authority of the Impartial Arbitrator, they may, within thirty (30) days from the date of the answer from the senior manager or his/her delegate refer the matter to Impartial Arbitration, in accordance with Article 8. The referral to the selected arbitrator, shall be made within ten
Arbitration Referral. In the case of failure by the parties to resolve the dispute as set forth in Section(s) 23.6(a)(b), and, except for disputes concerning a party’s Intellectual Property or Confidential Information, either party may then refer the dispute to binding arbitration pursuant to the American Arbitration Association’s then-current Commercial Arbitration Rules, in the English language, as follows:
(i) If the amount in controversy is $250,000 (US) or less, the arbitration will proceed before a single arbitrator from the American Arbitration Association.
(ii) If the amount in controversy is over $250,000 (US) but less than $500,000 (US), the arbitration will proceed before two (2) arbitrators from the American Arbitration Association.
(iii) If the amount in controversy is $500,000 (US) or more, the arbitration will proceed before three (3) arbitrators from the American Arbitration.
Arbitration Referral. If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the issue in writing to arbitration within ten (10) calendar days following receipt of the Step Ill response.
Arbitration Referral. If the Grievance Committee and Leadership shall fail to arrive at a mutually satisfactory settlement, the matter shall be referred within ten (10) working days to Arbitration established in accordance with Article 10.
