General Arbitration Provisions. A. The arbitration proceeding shall be conducted in accordance with the rules and procedures of the Bureau of Mediation Services or the American Arbitration Association depending upon the list from which the arbitrator is selected.
B. The cost of the arbitrator shall be divided equally between the parties.
C. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
D. Each party shall be responsible for compensating its own representatives and witnesses.
E. If either party desires a verbatim record of the arbitration proceeding, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the other party and the arbitrator.
F. If the parties mutually agree, they may request assistance from a Bureau of Mediation Services neutral and/or may establish procedures for expedited arbitration.
General Arbitration Provisions. 1. The arbitration proceedings shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
2. The parties may mutually agree to an arbitrator.
3. The fees and expenses of the arbitrator shall be paid by the loser.
4. Neither the Board nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
5. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
General Arbitration Provisions. 1. The Arbitrator shall be selected from the M.E.R.C. panel of Arbitrator rolls. Each party will have an opportunity to eliminate names from the list of Arbitrators until there is a mutual agreement for an Arbitrator.
2. The Arbitration proceeding shall be conducted in accordance with rules promulgated by the M.E.R.C.
3. It is expressly understood that grievances, dismissals or suspensions arising before the effective date of this Agreement shall not be arbitrated absent mutual agreement between both parties.
4. The parties may mutually agree to an Arbitrator outside the list provided by M.E.R.C.
5. The cost of Arbitration will be the responsibility of the losing party.
6. An award in any one case will not require retroactive adjustments in any other instance not in dispute with the case at hand.
7. The decision of the Arbitrator shall be final and binding.
General Arbitration Provisions. 1. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
2. No grievance arising subsequent to the expiration date of this agreement shall be arbitrated without mutual written agreement of the parties. Any claim or grievance arising prior to the expiration of this agreement may be processed through the grievance procedure until resolution.
3. The cost of the arbitrator shall be divided equally between the parties.
4. An arbitrator's award in any one case will not require retroactive adjustment in any other instances not within the jurisdiction of that arbitrator.
5. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
General Arbitration Provisions. A. It is expressly understood that no grievance arising subsequent to the expiration date or any extensions thereof of this Agreement shall be arbitrated absent mutual agreement between the parties.
B. If a grievance is sustained by the arbitrator, the fees and expenses of the arbitrator shall be paid by the Board. If the grievance is not sustained by the arbitrator, such fees and expenses of the arbitrator should be paid by the Association. If the arbitrator decides in favor of neither party, the parties shall share equally the arbitrator's fees and expenses. Each party shall assume its own cost for representation.
C. An award in any one case will not require retroactive adjustment in any other instances not in dispute in the case at hand.
D. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review.
General Arbitration Provisions. (i) The parties hereto agree that all Disputes shall be resolved by binding arbitration, which shall be administered by the American Arbitration Association ("AAA") in Phoenix, Arizona, and, except as expressly provided in this Agreement, shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as such Rules may be amended from time to time, with the hearing locale to be Phoenix, Arizona.
(ii) A single neutral arbitrator shall preside over the arbitration and decide the Dispute (the "Decision").
(iii) The Decision shall be binding, and the prevailing party may enforce such decision in any court of competent jurisdiction.
(iv) The parties shall cooperate with each other in causing the arbitration to be held in as efficient and expeditious a manner as practicable.
(v) The parties have selected arbitration in order to expedite the resolution of Disputes and to reduce the costs and burdens associated with litigation. The parties agree that the arbitrator should take these concerns into account when determining the scope of permissible discovery and other hearing and pre-hearing procedures.
(vi) Without limiting any other remedies which may be available under Applicable Law, the arbitrator shall have no authority to award punitive damages.
(vii) The arbitrator shall render a decision within 120 days after accepting an appointment to serve as arbitrator unless the parties otherwise agree or the arbitrator makes a finding that a party has carried the burden of showing good cause for a longer period.
(viii) Notwithstanding anything herein to the contrary, any party may seek a temporary restraining order or a preliminary injunction from any court of competent jurisdiction in order to prevent immediate and irreparable injury, loss or damage pending the selection of an arbitrator to render a Decision on the ultimate merits of any Dispute.
General Arbitration Provisions. 1. The arbitration proceeding shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
2. No claim or grievance arising after the expiration of this Agreement may be submitted to arbitration.
3. The cost of the arbitrator shall be assumed by the losing party. The filing fees and other costs associated with the hearing will be assumed separately by the parties.
4. The decision of the arbitrator shall be final and binding upon the parties subject to review in accordance with the applicable standards for judicial review.
5. The arbitrator shall have no authority to:
a. Rule on any issue previously barred from the scope of the grievance procedure.
b. Add to, subtract from, or otherwise modify the terms and conditions of this Agreement.
c. Award compensatory or punitive damages.
d. Issue back pay for a period in excess of twenty (20) days of the filing of the grievance. This provision shall not be interpreted to require the arbitrator to issue back pay if in his/her judgment, given the facts in a particular case, that it is not warranted.
e. Establish wage schedules.
f. Rule on the discipline or termination of a probationary employee.
General Arbitration Provisions. 1 . The arbitration proceeding shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
General Arbitration Provisions. Any disputes between the Parties in respect of any of the matters referred to in this Agreement (including, without limitation, disputes respecting any matter of interpretation of the provisions of this Agreement, or as to the performance or non-performance by any of the Parties of any of the provisions of this Agreement, or as to the respective rights and obligations of the Parties) shall be settled exclusively by arbitration, without resort to court proceedings, in a timely fashion and in accordance with the procedures set forth in this Section 11.1. There shall be three (3) arbitrators. The Party demanding arbitration shall inform the other party of the particulars of the dispute and of the name of its arbitrator and the party receiving the demand shall within seven (7) days thereof choose and name its arbitrator. The two arbitrators shall then designate and choose a third. If within a reasonable time the two arbitrators appointed by the Parties do not agree upon a third or if the party who has been notified of a dispute fails to appoint an arbitrator, then a third arbitrator or an arbitrator to represent the Party in default may, upon petition of the Party not in default, be appointed by a judge of the Province of Ontario. An award made by two of the three arbitrators shall be binding on the Parties. The arbitrators shall determine their own rules and procedures and rules of evidence that they shall follow. The cost of arbitration shall be proportioned between the Parties as the arbitrators may decide.
General Arbitration Provisions. 1. The arbitration proceedings shall be conducted in accordance with the rules and procedures of the American Arbitration Association, and the Michigan Uniform Arbitration Act.
2. The parties may mutually agree to an arbitrator.
3. The fees and expenses of the arbitrator shall be paid by the loser.
4. Neither the Board nor the Association shall be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party.
5. The decision of the arbitrator shall be final and binding subject to review in accordance with the applicable standards for judicial review contained in the Uniform Arbitration Act.
