Hearing and Decision. 1) The arbitrator shall hear the grievance within 20 working days of his appointment in a location agreed upon by the parties concerned. When the parties cannot agree on a location, the arbitrator shall make such decision.
2) The arbitrator shall render his decision within 15 working days of the end of the hearing, or of the submission of written notes when such is the case.
3) When the parties agree to submit written notes, such notes shall be sent within 10 working days of the end of the hearing.
4) In the event that the arbitrator does not render his decision within the allotted or agreed upon dead- lines, one of the parties may notify the Commission thereof and the latter shall set a peremptory dead- line of 30 days for remedying the situation. In such case, the arbitrator may not require any additional fees or additional charges from either of the par- ties as a result of this delay.
5) The arbitrator shall provide a written decision stat- ing the reasons. It shall be signed and forwarded to the parties concerned.
6) The arbitrator’s decision is without appeal and shall be carried out within 5 working days of the date on which it was conveyed.
7) Two copies of the arbitration award shall be filed with the Commission.
8) The Commission shall forward a copy of all arbi- tration awards to the representative associations, the employers’ association and the sector-based employers’ associations.
9) In all cases where an arbitrator withdraws, is inca- pable of acting, declares himself incapable of act- ing or does not render a decision, the appointment procedure shall be resumed in accordance with the procedure specified in Article 10.01 2), adapting it as needed. The arbitration shall proceed in accor- dance with this division. In all such cases, the arbi- trator is not entitled to any fees or charges, barring an agreement by the parties.
Hearing and Decision a. The arbitrator will conduct a hearing in the city in which the Grievant is employed, unless otherwise agreed to in writing by the parties.
b. The hearing will begin within thirty (30) Days of the arbitrator’s acceptance of selection or as soon as practicable thereafter.
c. Except as modified by the provisions of this Agreement, arbitration proceedings will be conducted in accordance with the rules and procedures of the American Arbitration Association.
d. The arbitrator will be requested to issue a formal decision within thirty (30) Days after the conclusion of the testimony, argument, or submission of briefs, whichever is latest.
e. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted.
Hearing and Decision. The arbitrator shall conduct a hearing on the grievance within the time allotted by FMCS. The principals of the grievance will be afforded at hearing an opportunity to present their respective cases. Upon the close of the hearing, the arbitrator shall render a decision that will be final and binding on the parties. The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of the specific article(s) and section(s) of this agreement, and the arbitrator selected shall be without power or authority to make any decision:
1. Contrary to or inconsistent with or modifying or varying in any way the terms of this agreement or of applicable laws.
2. Limiting or interfering in any way with the powers, duties, or responsibilities of the Employer under applicable law. Limiting or interfering in any way with the powers, duties, or responsibilities of the Employer under its rule-making powers not inconsistent with the agreement.
3. Contrary to, inconsistent with, changing, altering, limiting, or modifying any practice, policy, rule, or regulations presently or in the future established by the Employer, so long as such practice, policy, rules, or regulations do not conflict with this agreement.
4. Implying any restriction or condition upon the Employer from this agreement, it being understood that, except to such restrictions or conditions upon the Employer are specifically set forth herein, or are fairly inferable from the express language of any article and section herein, the matter in question falls within the exercise of rights set forth in the article of this agreement entitled “Management Rights.”
5. Concerning the establishment of wage scales, rates on new or changed jobs, or change in any wage rate.
6. Providing agreement for the parties in those cases where, by their contract, they may have agreed that future negotiations should occur to cover the matter in dispute. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right originated or to make any award based on rights arising under any previous Agreement, grievance or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement except as specifically authorized herein. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to the date the grievance was presented to the...
Hearing and Decision. The arbitrator so selected shall confer with the President or designee and the United Faculty and hold hearings promptly and shall issue her/his decision not later than thirty (30) calendar days from the date of the close of the hearings or, if written briefs have not been waived, then from the date the final statements and proofs on the issues are submitted to her/him. The arbitrator's decision shall be in writing and shall set forth her/his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no power to alter, add, or detract from the specific provisions of the Agreement. The decision of the arbitrator shall be submitted to the President and the United Faculty and shall be final and binding on the parties.
Hearing and Decision. The arbitrator shall fix a time and place in Wayne County, Ohio, for a hearing upon reasonable notice to each party. After such hearing, the arbitrator shall be requested to render a decision within thirty (30) calendar days, or as soon thereafter as possible. Such decision shall be binding on both parties and the employee or employees, but subject to appeal as provided for under the Ohio Revised Code.
Hearing and Decision. The single arbitrator or board of arbitration, as the case may be, shall hear and determine the difference or allegation, including any question as to whether the difference is arbitrable, and shall issue a decision. All decisions arrived at by a single arbitrator or board shall be final and binding upon the Employer, the Union and the employee or employees concerned. The decision of the majority is the decision of the board.
Hearing and Decision. The Hearing Officer shall hold a hearing, receive evidence and prepare written findings supporting its decision. All efforts shall be made to schedule the hearing within 30 days of the notice of appeal. At the request of either party, the hearing shall be recorded, but not transcribed. Should any party desire a transcript they shall bear the expense of the transcript preparation and shall provide a copy to the other side for no fee. Upon mutual agreement, the City and the Union may submit briefs to the hearing officer in lieu of a hearing. The hearing officer’s expenses, if any, shall be borne equally by the Union and the City. Each party shall bear the cost of its own presentation.
Hearing and Decision. The single arbitrator shall hear and determine the matter and shall issue a decision. That decision is final and binding upon the Parties and upon any employee affected by it.
Hearing and Decision. (1) The hearing shall commence within thirty (30) days of the arbitrator’s acceptance of selection, or as soon thereafter as is practicable.
(2) Except as modified by the provisions of this Agreement, the arbitration proceeding shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
(3) The arbitrator shall issue the decision within thirty (30) days of the close of the hearing or the submission of briefs, whichever is later, unless additional time is agreed to by the University Administration and the UFF. The decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted.
Hearing and Decision. The arbitrator shall conduct a hearing on the grievance within the time allotted by FMCS. The principals of the grievance will be afforded at hearing an opportunity to present their respective cases. Upon the close of the hearing, the arbitrator shall render a decision that will be final and binding on the parties. Such decision shall concern only the issues that were submitted to arbitration, and cannot alter the terms and conditions of this agreement. The arbitrator’s decision is subject to judicial review in accordance with the Ohio statutes.