Impartial Arbitration. If the grievance is not settled by the National Arbitration Committee, the Union or the Employer, within fifteen (15) working days of the Employer's or Union's disposition as outlined in Par. 4, may appeal the grievance to impartial arbitration. Such appeal shall take the form of a letter to the NEBA Executive Director or the General President, IUEC.
(a) The parties shall mutually agree upon the selection of an impartial arbitrator. If, within fifteen (15) days, the parties are unable to agree on the person to be selected as arbitrator, the parties shall jointly request to submit the matter to arbitration conducted in accordance with the Labor Arbitration Rules and Procedures of the American Arbitration Association and by an arbitrator who is a member of the National Academy of Arbitrators.
(b) NEBA and the Union agree to the following program for Impartial Arbitration of grievances on a test basis. Either party may terminate the program upon ninety (90) days’ written notification to the other at any time after July 8, 2014: There shall be a mutually agreed upon designated panel of twelve (12) permanent arbitrators selected from arbitrators who have been mutually selected by both parties at least two (2) times in the last ten (10) years. Each Arbitrator selected for the panel will be provided in advance of the hearings, a written description of the industry collective bargaining history and setting, mutually agreed upon by the parties. Each party at its sole discretion may within the life of this agreement discharge one (1) permanent Arbitrator from hearing any further cases with 90 days’ notice to the other party. For grievances filed under this Agreement, NEBA and the IUEC agree that the second Wednesday and Thursday of each month will be reserved for an arbitration hearing. An arbitrator from the panel will be scheduled for the next available second Wednesday and Thursday that are acceptable to the arbitrator. Alternatively, the parties may mutually agree on a date for arbitration. If more than one grievance is to be scheduled, the grievance with the earliest filing date will be scheduled first. No grievance will be scheduled for arbitration with less than ninety (90) days’ notice to the parties. The arbitrator will retain ultimate authority to schedule, postpone or continue a hearing.
Impartial Arbitration. If the grievance is not settled by the National Arbitration Committee, the Union or the Employer, within fifteen (15) working days of the Employer's (or Union's) disposition as outlined in Paragraph 4, may appeal the grievance to impartial arbitration. Such appeal shall take the form of a letter to the NEBA Executive Director (or the General President, IUEC).
Impartial Arbitration. Should the grievance remain unresolved at Step 2, and mediation is either bypassed or not successful, the Union may appeal the grievance to arbitration by giving written notice within 30 calendar days after receipt of the response to the grievance at Step Two or the date of unsuccessful mediation. The Union will then share the timeline for the pre-arbitration review and will let the Employer know the decision to proceed or not within thirty (30) days of the union’s pre-arbitration meeting. In termination cases, the Union shall inform the Hospital of its intention to proceed to arbitration within 30 calendar days of receipt of the response to the grievance at Step Two or the date of unsuccessful mediation.
Impartial Arbitration. If the grievance has not been adjusted satisfactorily in the foregoing steps, the Union shall have the right to request arbitration of the dispute, provided such written request is made no later than thirty (30) calendar days after receipt by the Union of Western’s Step Two answer. If the Employer has not provided a Step Two answer by the due date, the Union may calculate the date by which the grievance can be advanced using the date on which the answer was due. Such notice shall identify the grievance and set forth the provisions of the Agreement involved and the remedy desired. If a timely request
Impartial Arbitration. If the Union is not satisfied with the Step Three answer, it may within thirty (30) days after receipt of the Step 2 Two answer submit in writing to the Sheriff notice that the grievance is to enter impartial arbitration. The parties will select an arbitrator from a permanent panel of arbitrators agreed upon by both parties. The Union and the County will make arrangements with the Arbitrator to hear and decide the grievance without unreasonable delay. The decision of the Arbitrator shall be binding. If the two (2) parties fail to reach agreement on an Arbitrator within ten (10) days, the Sheriff and Union may request the Local Labor Relations Board, American Arbitration Association or the Federal Mediation and Conciliation Service to provide a panel of arbitrators. Each of the two (2) parties will confer within seven (7) days of receipt of the panel to alternately strike one (1) name at a time from the panel until only one (1) shall remain. The remaining name shall be the Arbitrator. The Union and the Sheriff will make arrangements with the Arbitrator to hear and decide the grievance without unreasonable delay. The decision of the Arbitrator shall be binding. Expenses for the Arbitrator’s services and the expenses which are common to both parties to the arbitration shall be borne equally by the County and the Union, each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The Arbitrator, in their opinion, shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. The issue or issues to be decided will be limited to those presented to the Arbitrator in writing by the Sheriff and the Union. Their decision must be based solely upon their interpretation of the. meaning or application of the express relevant language of the Agreement. The Union and the County shall meet within thirty (30) days after the effective date of this Agreement for the purpose of selecting a permanent panel of seven (7) arbitrators. The arbitrators shall be selected on a rotating basis. Either party shall have the authority to strike an arbitrator from the permanent panel at any time. The struck arbitrator will proceed on the cases currently assigned, but will not receive any new case assignments. In the event that an arbitrator is struck from the panel, the parties shall meet as soon as possible to choose a mutually agreed upon replacement. Nothing herein shall prevent the parties, by mutual agreement...
Impartial Arbitration. If the Union is not satisfied with the Step 3 answer, it may within thirty (30) days after receipt of the Step 3 answer submit in writing to the County notice that the grievance is to enter impartial arbitration. The County proposes a permanent list of arbitrators to be mutually agreed upon. The Union and the County will make arrangements with the Arbitrator to hear and decide the grievance without unreasonable delay. The decision of the Arbitrator shall be binding. Expenses for the Arbitrator's services and the expenses which are common to both parties to the arbitration shall be borne equally by the Board and the Union. Each party to an arbitration proceeding shall be responsible for compensating its own representatives and witnesses. The Arbitrator, in their opinion, shall not amend, modify, nullify, ignore or add to the provisions of this Agreement. The issue or issues to be decided will be limited to those presented to the Arbitrator in writing by the County and the Union. Their decision must be based solely upon his interpretation of the meaning or application of the express relevant language of the Agreement. The Union and the County shall meet within thirty (30) days after the effective date of the Agreement for the purpose of selecting a permanent panel of seven (7) arbitrators. The arbitrators shall be selected on a rotating basis. Either party shall have the authority to strike arbitrator from the permanent panel at any time. The struck arbitrator will proceed on the cases currently assigned, but will not receive any new case assignments. In the event that an arbitrator is struck from the panel, the parties shall meet as soon as possible to choose a mutually agreed upon replacement. Nothing herein shall prevent the parties, by mutual agreement, from selecting an arbitrator from outside the panel. Absent such mutual agreement, the arbitrator shall be selected from the panel in accordance with the above procedure.
Impartial Arbitration. Steps One and Two of the grievance procedure set forth in this Agreement shall be pursued to completion before any application for arbitration may be made, unless the parties hereto enter into a written waiver of such step or steps and agree to proceed directly to arbitration A grievance, as defined in Section 1, which is not resolved at Step Two of the grievance procedure may be submitted to arbitration by the Union, provided that written notice of intent to arbitrate is received by the Director of Academic Labor Relations within thirty (30) calendar days following receipt by the Union of the Step Two answer (or, as per the time limits set forth in Section 4.c.i.). Such notice shall identify the grievance, and shall set forth the provisions of the Agreement involved and the remedy desired.
i. Following written notice to the Director of Academic Labor Relations, an arbitrator shall be selected from the rotating panel of arbitrators set forth in Section 4e below. If the arbitrator at the head of the queue is unable to schedule a hearing date within 120 days of the request for his/her services, the next arbitrator will be contacted, and so on until an arbitrator who can schedule the hearing within 120 days is identified. If the Arbitrator does not accept selection, the next Arbitrator on the panel will be contacted.
Impartial Arbitration. A grievance which is not resolved at Step Three may be appealed to arbitration by the Union, provided that written notice of intent to arbitrate is submitted to the Xxxx of the Graduate School within twenty-one (21) calendar days following submission of the Step Three determination by the University. Such notice shall identify the grievance and the issue, set forth the provisions of the Agreement involved, and the remedy desired. If no such notice is given within the prescribed time limit set forth in this section, the grievance shall not be arbitrable. Instead of resolving a grievance by proceeding to arbitration, the parties can mutually agree to undertake alternative dispute resolution procedures, such as mediation. The parties will select a mutually acceptable mediator. A request to proceed with mediation in place of arbitration shall be submitted to the University by the Union or to the Union by the University within twenty-one days of the Step Three determination and the parties have thirty days to make a final determination whether to pursue mediation in place of arbitration. Even if mediation is not successful in resolving all or a portion of the grievance, the use of mediation shall preclude arbitration of the grievance. If notice to mediate is not given within the time limit, the option to pursue mediation shall no longer be available. The parties shall share equally in the cost of mediation.
Impartial Arbitration. 1. In the event that the aggrieved paraeducator is not satisfied with the disposition of the grievance at Level Three, or in the event no decision has been rendered within ten (10) school days after the conclusion of the hearing, the paraeducator or the ASSOCIATION may within five (5) school days after a decision by the BOARD or fifteen (15) school days after the conclusion of the BOARD hearing, whichever is sooner, present a request in writing to the chairperson of the ASSOCIATION Grievance Committee to carry the grievance to impartial arbitration. The Grievance Committee shall notify the BOARD of its intention to proceed to impartial arbitration within 15 days thereafter.
2. The parties shall be governed by the rules and regulations of the American Arbitration Association in the selection and designation of an arbitrator, however, the parties may, by mutual agreement, select an arbitrator outside of the American Arbitration Association process.
3. The arbitrator so selected shall hold hearings promptly and shall issue a decision in accordance with the rules and regulations of the American Arbitration Association. The arbitrator shall be without power or authority to make any decision or recommendation which requires the commission of an act prohibited by law or which violates, modifies, alters, or changes the terms of this agreement.
4. Where the grievance involves an alleged violation, misinterpretation, or misapplication of the terms of this agreement, the arbitrator may render a decision which is final and binding on the parties; however, where the grievance involves an alleged violation, misinterpretation or misapplication of the rules, regulations, administrative directives or policies of the BOARD, then the recommendation or decision of the arbitrator shall be advisory. Such decision or recommendation of the arbitrator shall be submitted to the BOARD, the aggrieved paraeducator, and the chairperson of the ASSOCIATION Grievance Committee.
5. Cost of such arbitrator shall be equally borne by the ASSOCIATION and the BOARD.
A. Evaluation
Impartial Arbitration. If the grievance is not settled by the National Arbitration Committee, the Union or NEII, within fif- teen (15) working days of NEII’s (or Union’s) disposition as outlined in Para- graph 5, may appeal the grievance to impar- tial arbitration. Such appeal shall take the form of a letter to the Executive Director of NEII (or the General President, IUEC).
