Arbitrator's Decision, Board Review Sample Clauses

Arbitrator's Decision, Board Review. 19.6.1 The decision of the arbitrator within the limits herein prescribed shall be final and binding on all parties. 19.6.2 The grievance and arbitration procedure described above is to be the Federation's and a unit member's sole and final remedy for any claimed breach of this Agreement. 19.6.3 Disciplinary matters will remain subject to the provisions of Article 20, Progressive Discipline
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Arbitrator's Decision, Board Review. 17.5.1 The decision of the arbitrator within the limits herein prescribed shall be binding. 17.5.2 The grievance and arbitration procedure described above is to be the Federation's and a unit member's sole and final remedy for any claimed breach of this Agreement. 17.5.3 Disciplinary matters will remain the final authority of the Board of Education pursuant to Education Code ' 45113 and not be subject to binding arbitration.
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Arbitrator's Decision, Board Review. 10.4.4.1 The Advisory decision of the arbitrator arrived at through the processes noted herein shall be in the form of a written recommendation to the Board of Trustees, with copies to the grievant and SEIU LOCAL 1021. If neither the Superintendent nor SEIU LOCAL 1021 files a request to the Board to undertake review of the advisory decision within ten (10) days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board, by either the Superintendent or SEIU LOCAL 1021, and accepted by the Board, it shall then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another. Within twenty (20) days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties, except as provided in Section 10.4.2. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator. 10.4.4.2 Nothing herein shall preclude SEIU LOCAL 1021 from filing a judicial action against the District for breach of this Agreement in a case where the arbitrator's award sustains the Association and the Board subsequently fails to accept such recommendation or makes modification thereto. In such instances, the District shall not assert as a defense that the Association's utilization of the grievance and arbitration procedure was the only proper remedy for resolution of the grievance. In all other cases, the grievance and arbitration procedure described above, is to be SEIU LOCAL 1021's and the Grievant sole and final remedy, for any claimed violation of any express term of this Agreement.
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Arbitrator's Decision, Board Review. 44 45 18.01.1 The decision of the arbitrator within the limits herein prescribed shall be in the form of 46 a recommendation to the Board of Trustees. 48 18.06.2 If grievant files a request to the Board to undertake review of the arbitrator’s decision 49 within ten (10) working days of its issuance, the Board shall then undertake review of 50 the entire hearings record and briefs. The Board may also, if deems it appropriate, 51 permit oral arguments by representatives of the parties, but only in the presence of one 52 another. In such case, the Board shall render a decision on the matter within forty-five 53 (45) calendar days after receiving the arbitrator’s decision. If the Board does not render 54 a decision within the time specified, it shall be deemed to have adopted the decision 1 reached through arbitration. 3 19.01 CSEA 262 and the District agree to meet and negotiate the impacts and effects of proposed layoffs 4 upon the classified unit members. 7 permanent, non-academic employees have been terminated except for those short-term employees 8 who are performing a service that shall not exceed sixty (60) working days and that shall not be 9 continued at the end of such service.
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Arbitrator's Decision, Board Review. The decision of the arbitrator, within the limits herein prescribed, shall be in the form of a recommendation to the Board. If neither party files a request to the Board to undertake review of the advisory decision within the ten (10) working days of its issuance, or if the Board declines such a request, then the decision shall be deemed adopted by the Board and becomes final and binding on all parties. If a timely request for review is filed with the Board and accepted by the Board, it shall then undertake review of the entire hearing record and briefs. The Board may also, if it deems it appropriate, permit oral arguments by representatives of the parties, but only in the presence of one another. Within thirty (30) working days after receiving the record, the Board shall render a decision on the matter, which decision shall be final and binding on all parties. If the Board does not render such a decision within the time specified, then it shall be deemed to have adopted the decision recommended by the arbitrator.
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Related to Arbitrator's Decision, Board Review

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Arbitration Board Where the parties agree to a Board of Arbitration, the party referring the grievance to arbitration shall also provide the name of that party’s nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall answer by registered mail, indicating the name and address of its nominee to the Board of Arbitration. The selection of the Chair shall be in accordance with the list of arbitrators above.

  • Authority of Arbitration Board The Arbitration Board shall have the power to settle the terms of the question to be arbitrated.

  • Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees shall select an impartial chairperson.

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office. B. In non-disciplinary grievances, either the PBA or the Employer may request to take the issue or grievance directly to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within fifteen (15) calendar days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible.

  • Expenses of Arbitration Board ‌ Each party shall pay: (a) the fees and expenses of the nominee it appoints; and (b) one-half of the fees and expenses of the Chairperson.

  • Central Dispute Resolution Committee a) There shall be established a Central Dispute Resolution Committee (CDRC), which shall be composed of two (2) representatives from each of the central parties, and two (2) representatives of the Crown. b) The Committee shall meet at the request of one of the central parties. c) The central parties shall each have the following rights: i. To file a dispute as a grievance with the Committee. ii. To engage in settlement discussions, and to mutually settle a grievance with the consent of the Crown. iii. To withdraw a grievance. iv. To mutually agree to refer a grievance to the local grievance procedure. v. To mutually agree to voluntary mediation. vi. To refer a grievance to final and binding arbitration at any time. d) The Crown shall have the following rights: i. To give or withhold approval to any proposed settlement between the central parties. ii. To participate in voluntary mediation. iii. To intervene in any matter referred to arbitration. e) Only a central party may file a grievance and refer it to the Committee for discussion and review. No grievance can be referred to arbitration without three (3) days prior notice to the Committee. f) It shall be the responsibility of each central party to inform their respective local parties of the Committee’s disposition of the dispute at each step in the central dispute resolution process including mediation and arbitration, and to direct them accordingly. g) Each of the central parties and the Crown shall be responsible for their own costs for the central dispute resolution process.

  • Board of Arbitration (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

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