Common use of Level V - Arbitration Clause in Contracts

Level V - Arbitration. A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association. B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association. C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration. D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party. E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval. F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them. G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment. H. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Level V - Arbitration. ‌ A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association. B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association. C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration. D. Failure X. Xxxxxxx on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party. E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval. F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them. G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment. H. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Level V - Arbitration. A. Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association. B. The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association. C. The cost of any arbitration proceeding shall be divided equally between the City and whoever has filed for arbitration. D. Failure X. Xxxxxxx on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. Any cancellation or postponement fee shall be borne by the responsible party. E. A final decision of award of the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit their arguments before the City Council with regard to the Arbitrator's "Findings of Fact," prior to such approval. F. The cost of the arbitration, including advocate, unilateral withdrawal, postponement, or cancellation fees, shall be borne equally by the parties. Expenses for witnesses, however, shall be borne by the party who calls them. G. The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule, Regulation, written policy regarding hours, wages and conditions of employment. H. If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.