Common use of Formal Appeal for Arbitration Clause in Contracts

Formal Appeal for Arbitration. Within ten (10) class days from the date of the decision of the President, the grievant may file a written request with the Office of the President of the University for an advisory arbitration of the grievance with the written approval of PSU/KNEA. Either party shall forthwith request from the American Arbitration Association one list of five arbitrators for striking purposes. Within two days of receipt of the list, the parties shall determine by lot which party shall have the right to strike the first name from the list. The party having the right to remove the first name shall do so within two days, and the parties shall alternately strike until one name remains. The striking process shall take no more than three days. The person whose name remains shall be the arbitrator. The parties’ designees may mutually agree to reasonable extensions of these time lines. The arbitrator so selected will confer with the representatives of PSU/KBOR and PSU/KNEA and hold hearings promptly and will issue his/her recommendation no later than ten days from the date of the close of the hearing, or, if the hearing has been waived, then from the date the final written statements and proofs are submitted to him/her. Neither party shall be permitted to introduce in the arbitrations proceedings any evidence which was not either submitted to the other party in prior steps on this grievance or submitted to the other party at least five days in advance of the commencement of the arbitration proceedings. The recommendation of the arbitrator shall be final and binding unless either party appeals the recommendation to the President of the University.