Common use of Arbitration Selection and Authority Clause in Contracts

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 In the event the Union fails to notify FMCS within sixty five (65) calendar days, the grievance shall be considered withdrawn and it cannot be resubmitted.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. (A) For dismissal grievances refer to Section 11 of this Article. Within sixty fifty-five (6555) calendar days of receipt of OUS's response at Step 33 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, 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 In the event the Union fails to notify FMCS within sixty five (65) calendar days, the grievance shall be considered withdrawn and it cannot be resubmitted.the (B) The arbitrator shall have the authority to hear and rule on all issues which that arise over substantive or procedural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 andand proceed with the merits, he/she shall issue a written decision on the arbitrability issue only, should the issue be found to be nonarbitrable. (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, and shall be confined to the application and interpretation of this Agreement. The arbitrator shall not make any decision that limits or interferes with the authority of the Employer, except as modified by this Agreement. (D) The Parties shall split FMCS costs and the arbitrator's charges equally. Should a grievance be withdrawn after the selection of an arbitrator, all charges by the arbitrator shall be paid by the withdrawing party unless the grievance is withdrawn pursuant to a settlement of the grievance. All other expenses shall be borne exclusively by the party requiring the service or item for which payment is to be made.