Arbitration Selection and Authority. (a) Arbitrations between the Parties shall be presented to one of the following arbitrators:
Arbitration Selection and Authority. (a) The Parties agree to establish a panel of arbitrators. The arbitrators shall be assigned on a rotational basis in the order set out on the arbitrator list. Through mutual agreement, the Parties may elect to modify the list of arbitrators.
(b) Upon Labor Relations’ receipt of a letter of intent to arbitrate and subsequent approval to proceed to arbitration from the SEIU Local 503, OPEU, a calendar for potential date selection will be offered which includes the three (3) month period beginning the second full month after receipt of the approval to proceed correspondence. However, when the arbitrator originally selected is unable to schedule a hearing within the three (3) month period, the next arbitrator in rotation will be sent the same dates to schedule the hearing. In instances where the Parties agree to consolidate cases, meaning combining a related disciplinary action with a pending arbitration case, the arbitrator assigned to handle the first case will also be assigned to handle the subsequent matter. Arbitrators will use cancellation days and any unused scheduled days for writing awards on any outstanding cases under this Agreement. Cancellation fees will be applied toward any writing days.
(c) Within fifteen (15) calendar days of receiving confirmation of an appeal of a grievance to arbitration, the Labor Relations Unit shall assign the next arbitrator on the list for selection and shall simultaneously notify the interested Parties of such assignment.
(d) Representatives of each Party, in conjunction with the chosen arbitrator, shall mutually select dates for arbitration within a reasonable period of time.
Arbitration Selection and Authority. (a) Arbitrations between the Parties shall be presented to one of the following arbitrators:
1. Xxxxx X. Xxxxxxxx
2. Xxxxxx X. Xxxxxx
3. Xxxxxx X. Xxxxxxx
4. Xxxxxxx X. Xxxxxx
5. Xxxxxxx X. X. Xxxxxxxx
6. Xxxx Xxxxxx
7. Xxxxxx Xxxxxx
(b) Arbitrators shall be assigned on a rotational basis in the order set out above. Upon Labor Relations’ receipt of a letter of intent to arbitrate and subsequent approval to proceed to arbitration from the SEIU Local 503, OPEU, a calendar for potential date selection will be offered which includes the three (3) month period beginning the second full month after receipt of the approval to proceed correspondence. However, when the arbitrator originally selected is unable to schedule a hearing within the three (3) month period, the next arbitrator in rotation will be sent the same dates to schedule the hearing. In instances where the Parties agree to consolidate cases, meaning combining a related disciplinary action with a pending arbitration case, the arbitrator assigned to handle the first case will also be assigned to handle the subsequent matter. Arbitrators will use cancellation days and any unused scheduled days for writing awards on any outstanding cases under this Agreement. Cancellation fees will be applied toward any writing days.
(c) Within fifteen (15) calendar days of receiving confirmation of an appeal of a grievance to arbitration, the Labor Relations Unit shall assign the next arbitrator on the list for selection and shall simultaneously notify the interested Parties of such assignment.
(d) Representatives of each Party, in conjunction with the chosen arbitrator, shall mutually select dates for arbitration within a reasonable period of time.
(e) The arbitrator shall have the authority to hear and rule on all issues which arise over substantive or procedural arbitrability. Such issues, if raised, must be heard prior to hearing the merits of any appeal to arbitration. Upon motion by either Party that there exists issues involving substantive or procedural arbitrability, the arbitrator shall hear the arbitrability issue(s) first and the Parties shall make oral closing statements. The arbitrator shall issue a bench ruling by the end of the business day. When the arbitrator determines that the case is not arbitrable, the decision shall be affirmed in writing within seven (7) calendar days from the close of the hearing. If the grievance is arbitrable, the Parties shall continue with the hearing that day or the next bu...
Arbitration Selection and Authority. (A) Within sixty five (65) calendar days of OUS's response at Step 3, the Union shall notify the Federal Mediation and Conciliation Service (FMCS) of the dispute and request a list of arbitrators, which shall be specifically limited to Geographic Area 29. Selection of arbitrators and dates shall be in accordance with the rules of FMCS. The arbitration will be handled in accordance with the rules of FMCS. In the event the Union fails to notify FMCS within sixty five (65) calendar days, the grievance shall be considered withdrawn and it cannot be resubmitted.
(B) The arbitrator shall have the authority to hear and rule on all issues which arise over substantive or procedural arbitrability. Such issues, if raised, must be heard prior to hearing the merits of any appeal to arbitration. Upon motion by either party to bifurcate the hearing on procedural or substantive arbitrability issues, the arbitrator will make the determination on bifurcation. Should the arbitrator choose to take the arbitrability issue under advisement and
(C) The Parties agree that the decision or award of the arbitrator shall be final and binding on each of the parties. The arbitrator shall issue his/her decision or award within thirty (30) calendar days of the closing of the hearing record. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, change or eliminate any of the terms of this Agreement.
(D) The Parties shall split FMCS costs and the arbitrator's charges equally. All other expenses shall be borne exclusively by the party requiring the service or item for which payment is to be made.
Arbitration Selection and Authority. For dismissal grievances refer to Section 10 of this Article. Within fifty-five (55) calendar days of receipt of OUS’s response at Step 3 by the Union’s Legal Department, the Union shall notify the Federal Mediation and Conciliation Service (FMCS) of the dispute and request a list of arbitrators that shall be specifically limited to Oregon, Washington and Idaho arbitrators. (During the term of the 2013- 15 Agreement, the parties shall attempt to reach agreement on a permanent panel of arbitrators and a process for using such arbitrators, in lieu of the current FMCS selection process. In the absence of agreement on such a panel and process, the current selection process will be retained.)
Arbitration Selection and Authority a. Any grievance, having progressed through the steps as outlined in this Agreement and remaining unresolved following Labor Relations Division response, may be submitted by the Union to arbitration for settlement. To be valid, a request for arbitration must be in writing and mailed or delivered to the Labor Relations Division within fifteen (15) calendar days of the receipt of the response from the Labor Relations Division with a copy to the Employment Relations Board requesting a panel of five (5) arbitrators to be sent to each side. Failure to file for arbitration within the specified fifteen (15) calendar day period shall constitute forfeiture of claim and the case shall be considered closed by all parties. If the grievance is to be submitted to arbitration, a pre-arbitration meeting may be held. The meeting shall include both the Labor Relations Division and the Agency meeting with the Union in an attempt to formulate a submission agreement to be forwarded to the arbitrator.
b. In the event that arbitration becomes necessary, the Union and the Employer will select an arbitrator by alternately striking names, with the moving party striking first, from an Employment Relations Board list, one (1) name at a time until one (1) name remains on the list. The name remaining on the list shall be accepted by the parties as the arbitrator. The parties shall decide, at the time of striking of names, who shall inform the arbitrator of his/her selection; this shall occur within ten (10) working days. The grievance appeal shall be heard by the arbitrator as soon as possible after its receipt, and the final decision and order of the arbitrator shall be made within thirty
