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. 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. 12.5.3.2 The arbitrator shall, as soon as possible, hear evidence and tender a decision on the issue or issues submitted to her/him. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step. 12.5.3.3 The District and the CCFT agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without power or authority to make any decision that requires the District or the administration to do an act prohibited by law. 12.5.3.4 After hearing evidence and after both parties have had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties, her/his findings and award. 12.5.3.5 The award of the arbitrator shall be final and binding. 12.5.3.6 The fees and expenses of the arbitrator shall be shared equally by the District and the CCFT. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be paid by the...
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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.
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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: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5)
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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: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker will be determined by a coin flip. 15.2.2.3.3 The Parties may file for arbitration with State Mediation and Conciliation Services (SMCS). If the Parties cannot mutually agree to one of the three options stated in 15.2.2.3, the Parties shall identify whether the Director, designee or Association shall submit a request for arbitration to both options and the arbitrator and/or arbitration service who responds with the first available date will be the presiding arbitrator. The Parties will agree to the rules and procedures for conducting grievance arbitrations as soon as possible. Any and all costs for the services of the arbitrator shall be borne equally by the Association and the District.
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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. 17.8.1 The parties shall select a mutually acceptable arbitrator. In the event they are unable to agree on an arbitrator within ten (10) working days of the submission of the grievance to arbitration, the arbitrator shall be selected from a list submitted by the State Mediation and Conciliation Service or the American Arbitration Association. If the grievant and the District cannot agree on an arbitrator from the list, each party shall alternately strike names until only one name remains after determining the first strike by lot. 17.8.2 The arbitrator shall conduct a hearing at which both parties may present evidence. After concluding the hearing, he/she shall prepare a report listing the issues and pertinent facts found at the hearing. The arbitration award resulting from this procedure shall be final and binding on both parties. The arbitrator award shall be sent to the Governing Board, with copies to the grievant, CSEA and the Superintendent. The Superintendent shall implement the award within ten (10) working days. The cost of the arbitration shall be borne equally by the parties.
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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. b. The decision of the arbitrator shall be submitted to the parties and will be final and binding upon the parties. c. The parties shall equally split the cost of an arbitrator, and each party shall bear the full costs for its representation in the arbitration.
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Related to Level III – Binding Arbitration

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and 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.

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