Level Three Binding Arbitration Sample Clauses

Level Three Binding Arbitration. 1) Should a grievance allege a violation, misinterpretation, or misapplication of any of the specific terms of the Agreement, the Association may file a written appeal to the American Arbitration Association, with a copy of said appeal to the Superintendent of Schools. Such appeal shall be filed in writing within fifteen days after the Board of Education issues its decision, or the grievance shall be waived. The decision of the Board of Education shall be binding except for grievances based on the specific terms of the Agreement.
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Level Three Binding Arbitration. 5.3.4.1 If not satisfied with the decision at Level Two, the Association may submit a written demand for arbitration to the Superintendent. Only issues which were processed and handled in accordance with the grievance procedure of this Article are subject to arbitration. The grievance is resolved if a written request for arbitration is not submitted within twenty (20) days after the grievant receives the Superintendent’s decision, or if there has been no response at Level Two, within twenty (20) days of the deadline for receipt of the Level Three response.
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Level Three Binding Arbitration. 1. If the aggrieved administrator is not satisfied with the disposition of his/her grievance at Level Two, he/she may, within five (5) days after the decision file the grievance again with the Suffield Administrators’ Group for appeal to Binding Arbitration.
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Level Three Binding Arbitration. If the grievant/CSEA is not satisfied with the decision at Level Two, the Association may within len (10) days appeal the decision in writing. The Superintendent shall, within twenty (20) workdays of receipt of the appeal, seek a list of five (5) experienced arbitrators from the California State Mediation and Conciliation Service. The Association and the Superintendent or his/her designee shall meet and select by lot the arbitrator who shall schedule a hearing and render a final and binding award in accordance with the rules of the American Arbitration Association. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement. Any and all costs for services of the arbitrator shall be paid equally by CSEA and the Western Placer Unified School District.
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Level Three Binding Arbitration. If the grievant is not satisfied with the decision at the conclusion of Level Two, it may appeal the determination within five days after receiving the decision at Level Two. The Appeal must be in writing, requesting arbitration with the Public Employment Relations Board (PERB) in accordance with the appropriate rules. The authority of the Arbitrator shall be limited to the arbitration of the intention of the parties to this Agreement with regard to the specific clause, or clauses, in the Agreement which is at issue. The decision of the Arbitrator shall be in writing and shall set forth the Arbitrator’s opinion and conclusions on issues submitted. The Arbitrator shall limit his or her decision strictly to the application and interpretation of the provisions of this Agreement and the Arbitrator shall be without power or authority to substitute his or her judgment or to make any decisions: 1) contrary to, or inconsistent with, or modifying or varying in any way, the terms of the Agreement or any applicable law or rules and regulations having the force and effect of law; or, 2) limiting or interfering in any way with the powers, duties, and responsibilities of the Town under applicable law, rules, and regulations having the force and effect of law, except as modified by this Agreement. The decision of the Arbitrator, if made in accordance within the Arbitrator’s jurisdiction and authority, will be accepted as final by the parties to the dispute. The Arbitrator’s fee, minutes (if any), and all other miscellaneous items of cost of the arbitration proceedings will be shared equally by the parties to the dispute. Each party will be responsible for the fee of its representatives at the arbitration.
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Level Three Binding Arbitration 
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Related to Level Three Binding Arbitration

  • Binding Arbitration If the mediation reaches no solution or the parties agree to forego mediation, the parties will promptly submit their disputes to binding arbitration before one or more arbitrators (collectively or singly, the "ARBITRATOR") the parties agree to select (or whom, absent agreement, a court of competent jurisdiction selects). The arbitration must follow applicable law related to arbitration proceedings and, where appropriate, the Commercial Arbitration Rules of the American Arbitration Association. ARBITRATION PRINCIPLES All statutes of limitations and substantive laws applicable to a court proceeding will apply to this proceeding. The Arbitrator will have the power to grant relief in equity as well as at law, to issue subpoenas duces tecum, to question witnesses, to consider affidavits (provided there is a fair opportunity to rebut the affidavits), to require briefs and written summaries of the material evidence, and to relax the rules of evidence and procedure, provided that the Arbitrator must not admit evidence it does not consider reliable. The Arbitrator will not have the authority to add to, detract from, or modify any provision of this Agreement. The parties agree (and the Arbitrator must agree) that all proceedings and decisions of the Arbitrator will be maintained in confidence, to the extent legally permissible, and not be made public by any party or the Arbitrator without the prior written consent of all parties to the arbitration, except as the law may otherwise require. DISCOVERY; EVIDENCE; PRESUMPTIONS The parties have selected arbitration to expedite the resolution of disputes and to reduce the costs and burdens associated with litigation. The parties agree that the Arbitrator should take these concerns into account when determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures. The Arbitrator may permit reasonable discovery rights in preparation for the arbitration, provided that it should accelerate the scheduling of and responses to such discovery so as not to unreasonably delay the arbitration. Exhibits must be marked and left with the Arbitrator until it has rendered a decision. Either party may elect, at its expense, to record the proceedings by audiotape or stenographic recorder (but not by video). The Arbitrator may conclude that the applicable law of any foreign jurisdiction would be identical to that of Texas on the pertinent issue(s), absent a party's providing the Arbitrator with relevant authorities (and copying the opposing party) at least five business days before the arbitration hearing. NATURE OF AWARD The Arbitrator must render its award, to the extent feasible, within 30 days after the close of the hearing. The award must set forth the material findings of fact and legal conclusions supporting the award. The parties agree that it will be final, binding, and enforceable by any court of competent jurisdiction. Where necessary or appropriate to effectuate relief, the Arbitrator may issue equitable orders as part of or ancillary to the award. The Arbitrator must equitably allocate the costs and fees of the proceeding and may consider in doing so the relative fault of the parties. The Arbitrator may award reasonable attorneys' fees to the prevailing party to the extent a court could have made such an award.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

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