Common use of Non-Traditional Arbitration Clause in Contracts

Non-Traditional Arbitration. The parties agree to utilize a variety of non- traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue These decisions will then be codified as a written decision to the parties by the end withdrawal of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the partiesgrievance or as a settlement agreement. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five three (53) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in In disciplinary grievances of five three (53) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The the Employer and the Union are limited to one one (1) witness each in this forumeach. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration. Six months after the implementation of Non-Traditional Arbitration, the parties shall meet to discuss any issues regarding the processing of grievances through the grievance procedure. Any changes to the grievance procedure must be mutually agreed to by both parties.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration. Explanation: The parties recognize that abuse cases may require more presentation than that involved in an NTA. As a result, the new language provides that patient/client abuse cases are not required to be arbitrated through the non-traditional arbitration (“NTA”) process. This Section requires disciplinary actions of five days or less to be heard at NTA. The parties may choose to have disciplinary actions of more than five days heard at NTA with a signed waiver from the grievant. OCB and the Union may jointly agree to take issue grievances to NTA. The contract does not require a waiver for an issue case. New language in this Section also clarifies that discipline cases which are required to be arbitrated through the NTA process shall not be mediated. The elimination of mediation for these grievances is to provide quicker resolution of the cases. Arbitrators hearing NTA cases shall issue written, bench decisions by the end of the hearing day. NTA cases are non-precedent setting unless otherwise mutually agreed.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-non- traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision along with an oral and/or written supporting rationale to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. Non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position shall be mediated prior to being heard at non-traditional arbitration. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining OCB may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision along with an oral and/or written supporting rationale to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension suspensions whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension suspensions or less, and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreedagreed to by the parties. Discipline grievances appealed to ADR Non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position shall be mediated prior to being heard at non-traditional arbitration. The Employer and the Union are limited to one one (1) witness each in this forum. The grievantforum unless mutually xxxxxxxx, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining OCB may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties agree to utilize a variety of non- non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one one (1) witness each in this forum. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the Union witness. The arbitrator may ask questions of the witness or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.