Fourth Step - Arbitration Sample Clauses

Fourth Step - Arbitration. If the Association is not satisfied with the disposition of the grievance at Step Three, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) calendar days of the date for the Step Three answer, then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any new grounds or evidence before the arbitrator, which were not previously disclosed to the other party. The fees and the expenses of the arbitrator shall be shared equally by the parties. The arbitrator shall have no power to alter the terms of this Agreement.
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Fourth Step - Arbitration. A. Within five (5) working days after receipt from the Board of Education the Union may appeal the decision binding arbitration under the auspices and rules of American Arbitration Association.
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Fourth Step - Arbitration. A. Within thirty (30) days after receipt of the decision of the Board of Education the Union shall notify the Board of their intent to arbitrate. The parties shall attempt to select an arbitrator. If one is not selected within thirty (30) days from the notice of intent to arbitrate, the Union shall proceed under the auspices and rules of the American Arbitration Association.
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Fourth Step - Arbitration. A. The Association may submit the grievance to arbitration before an impartial arbitrator within twenty-five (25) calendar days after receipt of a decision of the Board if the decision is not acceptable. If the parties cannot mutually agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, they shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The fees and expenses, only of the arbitrator, shall be paid by the losing party. Each party shall assume its own cost of representation.
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Fourth Step - Arbitration. A. Within thirty (30) calendar days after receipt of the Employer's answer at Step 3, the Union may move the grievance to arbitration by notifying the Employer of their intent to arbitrate. The parties shall then attempt to mutually select an arbitrator.
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Fourth Step - Arbitration. In the event the parties are unable to arrive at a mutually acceptable solution to the grievance or if the mediation step was bypassed, and the Union wishes to appeal the matter to arbitration, it shall notify the Human Resources/Labor Relations Director or designee of its intent within thirty (30) calendar days of the receipt of summary from Human Resources, file a Demand for Arbitration with the appropriate Arbitrator on the arbitration panel. Such arbitration hearing shall be held in accordance with the rules of the American Arbitration Association then in effect. The parties shall select an Arbitrator from the following mutually agreed upon panel of Arbitrators on a rotating basis: Xxxxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxx Xxxx Xxxxxxx The Arbitrators shall be placed on the panel in alphabetical order. The first Arbitrator selected shall be the Arbitrator whose name is at the top of the list. After an Arbitrator has been assigned a grievance from the Parties, his/her name shall be placed at the bottom of the list. The Arbitrator whose name is at the top of the list shall be assigned the next grievance, and so on. If a selected Arbitrator is not able to hear a grievance, his/her name shall remain in the same place on the list and the next Arbitrator on the list shall be selected. This procedure shall continue until an Arbitrator is selected. Local 2775 shall submit the grievance and notification to the City and the AFSCME Council 25. AFSCME Council 25 Arbitration Department shall review the grievance on its merits. AFSCME Council 25 shall submit approved cases to the appropriate Arbitrator within 30 calendar days from the date of notice by Local 2775 to the City. AFSCME Council 25 Arbitration Department shall track selection of the Arbitrators from the approved panel of Arbitrators. When an Arbitrator is selected, the Parties shall jointly ask the Arbitrator to provide a hearing date (or dates) as soon as possible. If the Arbitrator is unable to offer a hearing date within six (6) months of selection, the Parties may, by mutual agreement, select the next Arbitrator on the list if that Arbitrator is available to hear the grievance sooner. This process shall continue through the list to assign the grievance to the closest date after the six (6) month target. AFSCME Council 25 Arbitration Department shall coordinate the setting of dates with the City’s Human Resources/Labor Relations Director, or designee. The Union and the City may mutually ...
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Fourth Step - Arbitration. 3-3.1. If the parties are unable to resolve their differences at the Third Step, within ten (10) working days after receipt of the decision of the Chief Executive Officer, the UNION only may advance the dispute to arbitration. The parties shall utilize the Federal Mediation and Conciliation Service for arbitration under its rules of any grievance which alleges that there has been a violation, misinterpretation or misapplication of any provision of this Agreement. Following the advancement of a grievance to arbitration and prior to the hearing, upon agreement of the parties, a grievance may be submitted to voluntary mediation before a neutral person. The cost of the mediation shall be shared equally by the parties.
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Fourth Step - Arbitration. If the grievance is not settled in the Third Step, the Union may give written notice of arbitration to the Executive Director within sixty (60) business days of the deadline for the Third Step written response. The parties will meet promptly to discuss the possibility of mediation or other pre-arbitration resolution. If the parties are unable to agree on a mediator or arbitrator within an additional ten (10) calendar days of such notice, the matter will be submitted to arbitration under American Arbitration Association rules, in the event of discharge on an expedited basis. The arbitrator’s award will be final and binding on all parties. The arbitrator shall have no power to add to, subtract from, alter, amend, or modify any of the terms and provisions of this Agreement, and shall have no power to impose any new agreement or any renewal or extension of this Agreement. The Union and Employer will share equally in the arbitrator’s fees and expenses.
Sample 1
Fourth Step - Arbitration. In the event the grievance is unresolved after being processed through the steps of the grievance procedures, the Union may, within ten (10) working days after receiving notification of the Commissioner of Human Resources’ decision, submit the grievance to Arbitration. Upon filing a demand for Arbitration through PERB, the Union shall communicate its intention to proceed to arbitration to the Director or the Director’s designee. The expense of the arbitration shall be shared equally by the County and the Union. All other expenses incurred shall be paid by the party incurring them. The decision of the arbitrator shall be final and binding on the parties to this Agreement. The arbitrator shall, when making said decision, have no power to add to, subtract from, or modify the specific provisions of this Agreement.
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Related to Fourth Step - Arbitration

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Step Four - Arbitration In the event that the grievance is not satisfactorily adjusted at Step Three, arbitration may be requested. In order to proceed to arbitration, the Association representative must submit a request in writing within fifteen (15) days of receipt of the decision in Step Three. Within ten (10) days of the receipt of the request for arbitration the parties shall immediately attempt to select a mutually acceptable arbitrator from a list of seven (7) names, with experience in public education, requested from the State of California Mediation and Conciliation Services. If the parties are unable to agree upon an arbitrator within ten (10) days of receiving the list of arbitrators, the parties will alternately strike names until one name is left. The conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the State of California Mediation and Conciliation Service. Both parties agree that, subject to the provisions of the Code of Civil Procedures of the State of California, the arbitration award resulting from this procedure shall be final and binding on all parties.

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this Section 14. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of Sections 3 or 7 hereof), initiated by either Claimant or Respondent pursuant to this Section. Such arbitration shall be conducted before a panel of three (3) arbitrators in Tampa, Florida, in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") then in effect provided that the parties may agree to use arbitrators other than those provided by the AAA. The arbitrators shall not have the authority to add to, detract from, or modify any provision hereof nor to award punitive damages to any injured party. The arbitrators shall have the authority to order back-pay, severance compensation, vesting of options (or cash compensation in lieu of vesting of options), vesting and the removal of restrictions on restricted stock and/or restricted stock units (or comparable forms of equity compensation, if any) that, as of the effective date of the termination of Executive, are not then subject to any performance conditions for vesting, reimbursement of costs, including those incurred to enforce this Agreement, and interest thereon in the event the arbitrators determine that Executive was terminated without disability or without Good Cause, as defined in Sections 4(b) and 4(c) hereof, respectively, or that the Company has otherwise materially breached this Agreement. A decision by a majority of the arbitration panel shall be final and binding. Judgment may be entered on the arbitrators' award in any court having jurisdiction. The direct expense of any mediation or arbitration proceeding and, to the extent Executive prevails, all reasonable legal fees shall be borne by the Company.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • CLASS-ARBITRATION WAIVER ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

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