Common use of Final Stage - Arbitration Clause in Contracts

Final Stage - Arbitration. a. Upon written request by the Union, an arbitrator shall hear a grievance which has been processed in accordance with the provision of this Article, but not satisfactorily resolved at the Third Stage. The arbitrator will be selected under the rules of the American Arbitration Association (AAA). b. The Union must notify the College, and AAA, in writing of its intent to proceed to arbitration within twenty-one (21) calendar days of the President or Designee issuing the Third Stage response. c. Any grievance falling under Article XXXII (Grievance) of this Agreement (that is, any grievance which complains of a violation, misinterpretation, or misapplication of any provision of this Agreement) shall be subject to final and binding arbitration. The arbitrator shall confine the opinion to the sole question of whether or not there has been a violation, misinterpretation or misapplication of any provision of this Agreement. The arbitrator shall give no opinion with respect to any matter left by this Agreement or by law to the discretion of the Board or Administration. The arbitrator's award shall be final and binding upon its delivery to both of the parties. d. Compensation and necessary expenses of the arbitrator shall be shared equally by the College and the Union. Each party shall make arrangements for and pay the compensation and expenses of witnesses called by that party. All other expenses, such as expenses of attorneys, other participants or observers, documents, etc., shall be borne by the party incurring them. The arbitrator shall have no right or power to add to, subtract from, modify, change or disregard any of the provisions of this Agreement, or to change existing wage rates or establish a new wage rate. e. The arbitration clause of this grievance procedure shall not be used to resolve impasses in the negotiation of a successor collective bargaining agreement. f. Any agreement reached through the grievance procedure must be implemented as soon as conditions and circumstances make possible. When conditions and circumstances permit, such a decision shall be implemented within thirty (30) calendar days.

Final Stage - Arbitration. a. Upon written request by the Union, an arbitrator shall hear a grievance which has been processed in accordance with the provision of this Article, but not satisfactorily resolved at the Third Stage. The arbitrator will be selected under the rules of the American Arbitration Association (AAA). b. The Union must notify the College, and AAA, in writing of its intent to proceed to arbitration within twenty-one (21) calendar days of the President or Designee issuing the Third Stage response. c. Any grievance falling under Article XXXII XXX (Grievance) of this Agreement (that is, any grievance which complains of a violation, misinterpretation, or misapplication of any provision of this Agreement) shall be subject to final and binding arbitration. The arbitrator shall confine the opinion to the sole question of whether or not there has been a violation, misinterpretation or misapplication of any provision of this Agreement. The arbitrator shall give no opinion with respect to any matter left by this Agreement or by law to the discretion of the Board or Administration. The arbitrator's award shall be final and binding upon its delivery to both of the parties. d. Compensation and necessary expenses of the arbitrator shall be shared equally by the College and the Union. Each party shall make arrangements for and pay the compensation and expenses of witnesses called by that party. All other expenses, such as expenses of attorneys, other participants or observers, documents, etc., shall be borne by the party incurring them. The arbitrator shall have no right or power to add to, subtract from, modify, change or disregard any of the provisions of this Agreement, or to change existing wage rates or establish a new wage rate. e. The arbitration clause of this grievance procedure shall not be used to resolve impasses in the negotiation of a successor collective bargaining agreement. f. Any agreement reached through the grievance procedure must be implemented as soon as conditions and circumstances make possible. When conditions and circumstances permit, such a decision shall be implemented within thirty (30) calendar days.