Final and Binding Arbitration. If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.
Final and Binding Arbitration. Should any Dispute (or part thereof) -------------------------------- remain between the parties after completion of the negotiation and mediation process set forth above, such Dispute shall be submitted to final and binding arbitration in Seattle, Washington pursuant to the provision of R.C.W. 7.04. Procedurally, the arbitration will be conducted in conformity with Washington Mandatory Arbitration Rules 5.1 - 5.4 and the following provisions, which shall supersede the R.C.W. in the event of any inconsistency:
A. Selection of Arbitrator(s). There shall be a single arbitrator, except in the case where the amount in dispute exceeds $100,000, in which case there shall be three arbitrators. If the parties cannot agree upon acceptable arbitrator(s) within ten (10) days of the termination of the mediation, each party shall select one arbitrator from a list of not less than five (5) arbitrators provided by the other party. These two arbitrators shall select a third arbitrator who shall serve as the sole arbitrator or the third arbitrator, as the case may be. The determination of a majority of the arbitrators or the sole arbitrator, as the case may be, shall be conclusive upon the parties and shall be non-appealable.
Final and Binding Arbitration. The decision of the arbitrator shall be final, conclusive, and binding on the Parties. The Parties agree that that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.
Final and Binding Arbitration. The decision of the Board of Arbitration shall be final and binding upon the parties. The Board’s jurisdiction shall be limited to consideration of those matters identified by the parties in the bargaining process and which are identified as still in disagreement at completion of conciliation.
Final and Binding Arbitration. If the Union desires to pursue the grievance further, the Union shall, within thirty (30) days of receipt of the Answer to Letter of Grievance - Step Three, submit a written request to the SFMTA Human Resources Director or designee that the grievance be heard and resolved by a final and binding arbitration hearing with an arbitrator/hearing officer. Only the Union may advance a grievance to final and binding arbitration.
Final and Binding Arbitration. In the event any controversy or dispute arises in connection with the validity, construction, application, enforcement or breach of this Agreement, including any and all claims that the Employee may have against Adaptec or any of its officers, directors, employees and/or agents acting in their official capacity or otherwise, and all disputes and claims Adaptec may have against Employee, shall be submitted and subjected to final and binding arbitration pursuant to the employment dispute resolution rules of the American Arbitration Association and the California Arbitration Act and the parties hereto expressly waive their rights, if any, to have such matters heard by a court or jury, or administrative agency, whether state or federal. The claims covered by this Agreement which shall be submitted to final and binding arbitration include, but are not limited to, claims for breach of this Agreement, claims for wrongful termination and constructive termination, including any and all claims for compensation and benefits as called for in paragraph 8 of this Agreement; claims for wages or other compensation and benefits due; claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination and harassment (including, but not limited to, race, color, sex, religion, national origin, age, sexual orientation, marital status, medical condition, family leave, handicap and/or disability); claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration procedure different from this one); and claims for violation of any federal, state or other governmental law, statute, regulation, constitution or ordinance, with the exception of claims excluded in Paragraph 9(b) below.
Final and Binding Arbitration. In the event that the grievance is still not satisfactorily settled, the Association may request submission of the grievance to impartial arbitration. The Association's written request for arbitration must be received by the President within ten (10) working days of receipt by the Association of the Step 4 answer. Any Employee who wishes to proceed to arbitration without Association endorsement will be responsible for all expenses incurred.
Final and Binding Arbitration. 43.01 Should the Employer and the Union reach an impasse in negotiations for the renewal of the above-mentioned Agreement, the parties agree to forego the right to strike or lock-out and upon request of either party, to submit all outstanding matter to an Arbitrator, as hereinafter provided. The Employer and the Union shall meet and agree on which proposals remain outstanding between them within fourteen (14) days of the date of reaching such impasse. The Arbitrator shall be selected by mutual agreement between the Employer and the Union if at all possible. If no agreement is reached on the person who shall act as Arbitrator, either party may then request, the Manitoba Labour Board to make the appointment. The Arbitrator shall receive a written statement or brief from the Employer and the Union outlining each of their respective positions on the outstanding proposals within fourteen (14) days of their appointment, and shall select either the Employer’s position, the Union’s position, the combination of both the Employer’s and Union’s positions as outlined by them as the basis for settlement, or settle the matters in any way they deem equitable. The Employer and the Union may mutually agree that their best interests would be served by having the Arbitrator convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Employer and the Union shall submit their final positions on all outstanding proposals by courier, to the Arbitrator, within the fourteen (14) days specified above, or they shall waive all rights under this provision, and the Arbitrator is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above. The Arbitrator shall render a decision within twenty-eight (28) days of their appointment and said decision shall be final and binding on all parties to this Agreement. The Employer and the Union shall pay the cost of their witnesses if required. The Employer and the Union shall equally share the cost of the Arbitrator.
Final and Binding Arbitration. If the grievance has not been resolved at Step 2, the Union or the County may refer the dispute to final and binding arbitration.
Final and Binding Arbitration. The decision rendered by the arbitrator in Article 20.E.4.g. if exercised, or in Article 20.E.4.j., shall become final and binding upon the Grievant(s), the District, and the Union.
