Level V - Arbitration. A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties. B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body. C. The cost of any arbitration proceeding will be divided equally between the two parties. X. Xxxxxxx on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear. E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval. F. Expenses for witnesses will 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 Agreement, City Rule, Regulation or policy regarding working conditions. H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Level V - Arbitration.
A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.
B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body.
C. The cost of any arbitration proceeding will be divided equally between the two parties.
X. Xxxxxxx on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.
E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval.
F. Expenses for witnesses will 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 Agreement, City Rule, Regulation or policy regarding working conditions.
H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Appears in 1 contract
Samples: Memorandum of Understanding
Level V - Arbitration. A. Unless the specific language of the Agreement is in conflict, the arbitration procedure will be conducted in accordance with the rules of the American Arbitration Association or other procedures agreed upon by the parties.
B. The arbitrator will be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or any other mutually acceptable body.
C. The cost of any arbitration proceeding will be divided equally between the two parties.
X. Xxxxxxx D. Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, will result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" will be defined as a circumstance(s) beyond control of the party failing to appear.
E. A final decision of award of the arbitrator will be made within 30 calendar days after the close of the hearing. Such decision or award will be subject to the approval of the City Council. Either party will be given the opportunity to submit their arguments before the City Council with regard to the Arbitrators “Finding of Facts,” prior to such approval.
F. Expenses for witnesses will 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 Agreement, City Rule, Regulation or policy regarding working conditions.
H. If an arbitrability question exists, the arbitrator will determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.
Appears in 1 contract
Samples: Memorandum of Understanding