Common use of Arbitration Selection and Authority Clause in Contracts

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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration.. 2011-2013 SEIU Local 503, OPEU/State of Oregon CBA 16 (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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. XxxxxxXxxxxxx 3. Xxxxxx X. Xxxxxxx 4. Xxxxxxx X. Xxxxxx 5. Xxxxxxx X. X. Xxxxxxxx 6. Xxxx Xxxxxx 7. Xxxxxxxx Xxxxxx XxxxxxXxxxxxxx (Article 81 only) Through mutual agreement, the Parties may elect to reopen this Section to modify the list of arbitrators. (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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.ruling

Appears in 1 contract

Samples: Collective Bargaining Agreement

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. XxxxxxXxxxxxx 3. Xxxxxx X. Xxxxxxx 4. Xxxxxxx X. Xxxxxx 5. Xxxxxxx X. X. Xxxxxxxx 6. Xxxx Xxxxxx 7. Xxxxxxxx Xxxxxx XxxxxxXxxxxxxx (Article 81 only) Through mutual agreement, the Parties may elect to reopen this Section to modify the list of arbitrators. (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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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 their 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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. XxxxxxXxxxxxx 3. Xxxxxx X. Xxxxxxx 4. Xxxxxxx X. Xxxxxx 5. Xxxxxxx X. X. Xxxxxxxx 6. Xxxx Xxxxxx 7. Xxxxxxxx Xxxxxx XxxxxxXxxxxxxx (Article 81 only) Through mutual agreement, the Parties may elect to reopen this Section to modify the list of arbitrators. (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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Arbitration Selection and Authority. (a) Arbitrations between Within thirty (30) days of submitting a case to arbitration, the Parties Union shall request from the Federal Mediation and Conciliation Service a list of five (5) arbitrators and the parties will select an arbitrator within five (5) days. If the parties have previously agreed to select from a standing panel of arbitrators, the Union will contact the Employer's Senior Vice President, Finance and Administration, within ten (10) days of the request to arbitrate to select an arbitrator. The parties will alternately strike from the list of qualified arbitrators, one (1) name at a time until only one (1) name remains on the list. He/she shall be presented to one accepted by the parties as the arbitrator. The toss of the following arbitrators: 1coin shall determine which party will strike the first name. Xxxxx X. Xxxxxxxx 2The parties will jointly or singly notify the arbitrator of his/her selection. Xxxxxx X. Xxxxxx 3. Xxxxxx X. Xxxxxxx 4. Xxxxxxx X. Xxxxxx 5. Xxxxxxx X. X. Xxxxxxxx 6. Xxxx Xxxxxx 7. Xxxxxx XxxxxxArbitration will thereafter commence on a date to be selected by the arbitrator. (b) Arbitrators shall be assigned on a rotational basis in the order set out above. Upon Labor Relations’ receipt request of a letter of intent to arbitrate and subsequent approval to proceed to either party, any grievance pending arbitration from the SEIU Local 503which is still unscheduled for hearing twelve (12) months after initial filing, 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. Howevergiven special mutual consideration, 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 by case, for arbitration using expedited procedures adopted by the arbitrator assigned to handle American Arbitration Association and as modified by 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 daysparties. (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, issues if raised, raised must be heard prior to hearing the merits of any appeal to arbitration. Upon motion by either Party that there exists issues involving party to bifurcate the hearing on procedural or substantive or procedural arbitrabilityarbitrability issues, the arbitrator shall hear will make the determination on bifurcation. Should the arbitrator choose to take the arbitrability issue(s) first issue under advisement and proceed with the Parties shall make oral closing statements. The arbitrator merits, he/she shall issue a bench ruling by written decision on the end of arbitrability issue only should the business day. When the arbitrator determines that the case is not arbitrable, the decision shall issue 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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrabilityfound to be nonarbitrable. (fd) The Parties parties agree that the decision or award of the arbitrator shall be final and binding on each of the Partiesparties. 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (ge) The Employer Fees and expenses of the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties arbitrator shall be split equally by the arbitrator’s charges equallyparties. All other expenses shall be borne exclusively by the Party party requiring the service or item for which payment is to be made. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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. XxxxxxXxxxxxx 3. Xxxxxx X. Xxxxxxx 4. Xxxxxxx X. Xxxxxx 5. Xxxxxxx X. X. Xxxxxxxx 6. Xxxx Xxxxxx 7. Xxxxxxxx Xxxxxx XxxxxxXxxxxxxx (Article 81 only) Through mutual agreement, the Parties may elect to reopen this Section to modify the list of arbitrators. (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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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 their 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. If either party cancels the arbitration hearing, the canceling party will pay the arbitrator fees unless mutually agreed otherwise. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06Section 7 of this Article.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 00 0000-0000 SEIU Local 503, OPEU/State of Oregon CBA 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 business day, as time permits. In cases where arbitrability is affirmed, the arbitrator’s award will include written findings on arbitrability. (f) 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. The arbitration will be handled in accordance with the rules of the American Arbitration Association. (g) The Employer and the Union will develop stipulations of fact and use affidavits and other time-saving methods whenever possible and when mutually agreed upon in all cases proceeding to arbitration. (h) The Parties shall split 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. (i) Arbitrations for cases involving Articles exclusively applying to temporary workers shall be processed using the expedited grievance procedure outlined in LOA 21.00-99-06.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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