Invoking Arbitration. Either party may invoke the arbitration procedures described in this Agreement by written notice of a demand for arbitration (an "Arbitration Notice"). An Arbitration Notice shall contain a statement of the matter to be arbitrated in sufficient detail to establish the timeliness of the demand. The parties shall then have ten business days within which they may identify a mutually agreeable arbitrator. After the ten day period has expired, the parties shall prepare and submit to the AAA a joint submission, with each party to contribute half of the appropriate administrative fee. In their submission to the AAA, the parties shall either designate a mutually acceptable arbitrator or request a panel of arbitrators from the AAA according to the procedure described in section, below.
Invoking Arbitration. A referral to arbitration can be made only by the Union or the College and must be in writing. Such referral must be made within ten (10) working days from the date the final written decision was rendered under the Grievance Procedure. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of this Agreement. The parties will first attempt to mutually agree on an arbitrator and each side will offer the names of three (3) acceptable arbitrators. If the parties cannot mutually agree on one of these arbitrators, the moving party will request a list of five (5) names until one (1) name remains. This person will be selected to hear the case. The parties will flip a coin to determine who will make the first strike.
Invoking Arbitration. If a decision on a grievance processed under the negotiated grievance procedure is not satisfactory, the President or designee, acting on behalf of the Union, or Management may invoke arbitration by a written memorandum identifying the matters to be submitted, within twenty-one (21) work days of the decision at the last step unless the time limit is extended by mutual agreement of both parties.
Invoking Arbitration. A. A grievance that remains unresolved after being processed under the preceding article of this Agreement may be referred to arbitration as provided for in this Article. A referral to arbitration can be made only by the Union or the Employer, and shall be in writing. Such referral shall be made within thirty (30) calendar days after receipt of the written decision rendered in the final step of an action processed under Article 25, “Negotiated Grievance Procedure”.
B. Within seven (7) calendar days from the date of the request for arbitration, the party invoking arbitration shall request from the Federal Mediation and Conciliation Service (“FMCS”) a list of seven (7) impartial persons qualified to act as arbitrators. The parties shall, within seven (7)calendar days after receiving the list of names, select one of the arbitrators. If they cannot mutually agree upon a selection, the parties shall alternatively strike one name from the list until the list contains only one name. The initial strike on the list shall be made by the party who wins the flip of a coin. This person shall be the duly selected Arbitrator. If for any reason either party refuses to participate in the selection of the Arbitrator, the other party chooses the Arbitrator.
C. If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission and the Arbitrator shall determine the issue(s) to be heard.
Invoking Arbitration. (1) If the BOA decides a grievance by majority vote, the decision shall be final and binding and may be enforced as an arbitration award under California Code of Civil Procedure Section 1280 et seq.
(2) If the BOA does not reach a binding decision as outlined herein, the action shall be sustained unless the Union appeals the action through the arbitration procedures outlined in this article.
(3) Arbitration must be requested within ten (10) working days following notice of failure to reach a decision.
Invoking Arbitration. A. Either Party may invoke arbitration if the remedy requested in the written grievance is not granted. Only the Union or the Agency may invoke arbitration.
B. Either Party to this Agreement may invoke binding arbitration within 30 calendar days of receipt of a final decision rendered by the deciding official or within 30 calendar days of the end of the supervisory response time limit.
C. Notification must be in writing and sent by the 30th day to the Chief Human Capital Officer or Union Council President.
D. The Agency and Union representatives will communicate with each other to confirm the next arbitrator in the rotation and coordinate contact with the arbitrator and select a mutually agreed upon date for the arbitration hearing(s).
E. In those areas where a panel exists, arbitrators will be assigned cases in alphabetical order on a rotating basis. In those areas where a panel does not exist, the Agency and Union representatives will coordinate the selection of an arbitrator and mutually agree on a date for the arbitration hearing(s).
Invoking Arbitration. By law, only the Union or the Agency may invoke arbitration in accordance with Article 20 of this Agreement. Arbitration must be invoked within twenty (20) days after the date of the decision at Step Three.
Invoking Arbitration. When arbitration is invoked under the provisions of Article 11, Grievance Procedure, written notice of the intent to invoke arbitration must be provided to the other party within the time limits specified.
Invoking Arbitration. A. A grievance that remains unresolved after being processed under Article 26, “Grievance Procedure”, of this Agreement may be referred to arbitration as provided for in this Article. A referral to arbitration can be made only by the Union or the Employer, and shall be in writing. Such referral shall be made within thirty (30) days after receipt of the written decision rendered, or when a decision was due, at the final step of a grievance processed under Article 26, “Grievance Procedure”.
B. Within seven (7) days from the date of the request for arbitration, the party invoking arbitration shall request from the Federal Mediation and Conciliation Service (“FMCS”) or other source of qualified labor arbitrators as mutually agreed upon by the parties, a list of seven (7) impartial persons qualified to act as arbitrators. The parties shall, within seven (7) days after receiving the list of names, select one of the arbitrators. If they cannot mutually agree upon a selection, the parties shall alternatively strike one name from the list until the list contains only one name. The initial strike on the list shall be made by the party who wins the flip of a coin. This person shall be the duly selected Arbitrator. If for any reason either party refuses to participate in selecting an Arbitrator, the other party shall choose the Arbitrator.
C. The party invoking arbitration shall bear any costs charged by the FMCS or other source for supplying the list so long as the other responding party provides any relevant information and agrees to receive the list by email. If the responding party insists on receiving the list by regular mail, any costs charged by the source shall be split equally.
D. If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission stating the issue(s) and the Arbitrator shall determine the issue(s) to be heard.
E. A grievance of the kind described by Section 4-A of this Article shall be processed under the Expedited Arbitration Procedures unless the parties agree otherwise.
Invoking Arbitration. A. If the Union is dissatisfied with the outcome of a grievance at the conclusion of Step 3 of this procedure, the provisions of the Article entitled Arbitration may be invoked..
B. The appeal of a suspension taken under the provisions of 5 CFR 752 A and B is through arbitration.
C. A complaint arising from the imposition of an Adverse Action, as defined in the Article entitled “Adverse Action,” may be processed under the provisions of the Arbitration procedure or may be appealed to the Merit Systems Protection Board, as stated in the Article entitled “Adverse Action”.
D. Officers may grieve the findings of the Board of Survey utilizing either the negotiated grievance procedure contained in this Contract or the Departmental Appeal Procedure for financial liability contained in 370 DM 550, subchapter 10. Officers may choose only one procedure to pursue, and once a decision has been made to use a certain procedure, that decision is irrevocable. The timely filing of a grievance or petition for hearing will stay the commencement of collection proceedings. Only the Union or Management may invoke arbitration. If both parties agree, no briefs shall be filed and no transcripts shall be made.
