Level 4 Binding Arbitration Sample Clauses

Level 4 Binding Arbitration. If the grievant is not satisfied with the decision or if the Board of Trustees (through the Superintendent) has not responded within the fifteen (15) day time limit, the grievant may, within fifteen (15) days, submit a request on the appropriate form to the Association for binding arbitration of the dispute. The Association will notify the District of its intent to arbitrate (or not arbitrate). Grievances shall be jointly submitted for binding arbitration and conducted according to the provisions of the Voluntary Labor Arbitration Rules of the American Arbitration Association (A.A.A.). Both parties agree to request the list of five (5) arbitrators from the State Mediation and Conciliation Service.
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Level 4 Binding Arbitration. 18.6.1 If a resolution of the grievance is not achieved as a result of Xxxxx 0, (Xxxxxxxxx), the grievant may request LBCCE to submit the grievance on the LBCCE/AFT Grievance Form, Level 4 to binding arbitration. This form shall include the approval of LBCCE to submit the grievance to binding arbitration. LBCCE’s written request for arbitration must be made to the Director of Human Resources within twenty (20) days of the date of the mediation session at Level 3, unless the parties mutually agree in writing to waive Xxxxx 0, (Xxxxxxxxx). If there is a written waiver of Xxxxx 0, (Xxxxxxxxx), the request for Level 4 (Binding Arbitration) must be made within twenty (20) days of the date of the written waiver.
Level 4 Binding Arbitration. 7.2.3.4.1 If the grievant is not satisfied with the decision rendered at Xxxxx 0, or if no written decision has been rendered within ten (10) days of the meeting with the Superintendent or his/her designee, the Association may submit a request in writing to the Superintendent for binding arbitration of the dispute within ten (10) days.
Level 4 Binding Arbitration. 9.2.4.1 If the Association proceeds to arbitration, it shall notify the District in writing. Within ten (10) days of such notification, representatives of the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator within the specified period, the Association shall file a Demand to Arbitrate with the American Arbitration Association. The selection of the arbitrator and the arbitration proceedings shall be conducted under the Voluntary Arbitration Rules of the American Arbitration Association. The Association and the District shall each pay one-half (1/2) of any charges required by the American Arbitration Association for services rendered.
Level 4 Binding Arbitration. In the event the Company’s or employee’s Covered Claims are not resolved at Levels 1 through 3, Level 4 provides for an independent third party to resolve Covered Claims on an expedited basis. The third party’s decision is final and binding on both the Company and employee. The DRP offers several benefits to employees and the Company: o Simple – The DRP process begins at the local level, where most workplace disputes can be resolved. o Quick resolution – The dispute can be resolved in days or months rather than years. o Independent third party – A neutral third party may work with the parties to resolve Covered Claims. If mediation is unsuccessful or if one of the parties elects to skip the mediation step, a neutral third-party arbitrator will make a decision that is final and binding on both the employee and Company. o Full remedies availableThe arbitrator can award the same remedies as a court. o Economical – The DRP may avoid and will likely reduce expensive legal fees and court costs for everyone. o Little or no cost to employees – Hallmark pays the arbitrator’s fee. o Confidential – All proceedings are confidential.
Level 4 Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Xxxxx 0, the grievant, within 20 days after the Superintendent’s decision, may request in writing that CSEA submit the grievance to arbitration. CSEA, by written notice to the Superintendent within 20 days after receipt of the request from the grievant, may submit the grievance to arbitration. At all times during a Level 4 grievance, the grievant shall be represented by CSEA.

Related to Level 4 Binding Arbitration

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Level IV - Arbitration Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to 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 Medical Center Chief Administrative Officer 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 from Washington and Oregon and the parties shall alternate in striking 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. 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.

  • BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  • 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.

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