Level III – Binding Arbitration Sample Clauses

Level III – Binding Arbitration. Within five (5) Days after the Superintendent’s action, if the Grievant is not satisfied, the Grievant may appeal to the Association to request binding arbitration. If the Association proceeds to arbitration, it shall notify the District in writing within ten (10) Days. Within ten
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Level III – Binding Arbitration. Within 15 days after either Party requests Binding Arbitration pursuant to 15.2.2.2.2, the Parties shall meet to select an arbitrator. The Parties shall meet and select the arbitrator, by mutually agreed to means, and the arbitrator shall schedule a hearing and render a final and binding decision. The Parties may choose the arbitrator from any of the following options:
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Level III – Binding Arbitration. 10.4.4.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no written decision has been rendered within ten (10) days after the final meeting with the superintendent or designee, he/she shall, within ten (10) days after a decision by the superintendent or designee, request in writing that the Association submit the grievance to arbitration. The appeal shall include the same information and documents as the Level II appeal. The Association, by written notice to the superintendent within fifteen (15) days after receipt of a timely request from the aggrieved person, may submit the grievance to binding arbitration.
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Level III – Binding Arbitration. If the grievant is not satisfied with the decision at Level II, within ten (10) days after receiving the decision, the unit member may request in writing that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent within fifteen (15) working days after receipt of the request from the grievant, may submit the grievance to binding arbitration. If any questions arise as to the arbitrability of the grievance, such questions shall be ruled upon by the Arbitrator after a hearing on the arbitrability question(s). If the grievance is ruled to be arbitrable, the hearing on the merits of the grievance shall follow immediately. The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) working days of the Association’s submission of the grievance to arbitration, submission shall be made to the American Arbitration Association to supply a panel of seven (7) arbitrators. Within ten (10) days of receiving such panel of names, each party shall alternately strike a name until only one (1) remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by a flip of a coin. The parties and the arbitrator shall be bound by, and the arbitrator shall follow, the Voluntary Labor Arbitration Rules of the American Arbitration Association. Upon mutual agreement, the Association and the District may request that the arbitrator follow the “Expedited Labor Arbitration Rules of the American Arbitration Association.” The arbitrator’s decision shall be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which required the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Superintendent and the Association and shall be final and binding upon the parties to this Agreement. The arbitrator shall have no power to render an award on any grievance filed on an action or inaction by the District which occurred after the term of this Agreement. However, this Article shall remain in effect during the negotiations process with the Association of any successor Agreement. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses shall be borne...
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Level III – Binding Arbitration. 12.5.3.1 If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision submit a request in writing to the CCFT for arbitration of the dispute. Within fifteen (15) days of the receipt of the grievant's request for arbitration, the CCFT shall inform the District of its intent as to whether or not the grievance will be arbitrated. The CCFT and the District may attempt to agree upon an arbitrator. If no agreement can be reached, the CCFT and the District shall request that the State Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternatively strike names until only one name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot.
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Level III – Binding Arbitration a. In the event that the parties have not resolved the grievance with the assistance of the mediator, the Union may request within ten (10) days of the meeting with the mediator to resolve the issue through binding arbitration. The parties shall select an arbitrator from the State Mediation and Conciliation Services via a list of seven arbitrators, with the party striking first to be determined by coin toss. The process of striking names shall occur within ten (10) days of receipt of the list. Once the arbitrator has been selected, hearings shall commence at the earliest convenience of the arbitrator.
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Level III – Binding Arbitration. If the grievant is not satisfied with the decision rendered at Level II, he/she may appeal the decision in writing within ten (10) working days to binding arbitration. CSEA shall retain the right to determine which cases proceed to arbitration.
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Related to Level III – Binding Arbitration

  • 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.

  • 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.

  • 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.

  • 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.

  • Arbitration Clauses Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreement is a required condition to award of a contract resulting from this Solicitation.

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