Common use of Permanent Arbitrators Clause in Contracts

Permanent Arbitrators. The parties will select six (6) individuals as the permanent arbitrators, who will decide all contract disputes for the life of the Agreement, including any previously filed grievances in the electronic grievance system which are open (i.e. not closed, withdrawn, settled, or arbitrated) on the date of ratification. An arbitrator shall serve for the duration of this Agreement, unless he/she is unable to serve or his/her services are terminated earlier by mutual agreement of the parties. The arbitrator shall be notified of his/her termination by a joint letter from the parties. The arbitrator shall conclude his/her services by responding to any grievances previously heard. A successor arbitrator shall be selected by the parties within thirty (30) days after the resignation or termination of the arbitrator. In the alternative, the parties by mutual agreement may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are working out of class cases under Article 65 and non-selection cases under Article 31, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, the Office of Collective Bargaining shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Should the parties be unable to agree on any of the other details of the arbitration process, all unresolved questions shall jointly be submitted to an arbitrator, for resolution, whose decision will be binding on the parties. Rules applicable to this Article shall be based, insofar as is practical, on the Voluntary Rules of the American Arbitration Association.

Permanent Arbitrators. The parties will select six (6) individuals as the permanent arbitrators, who will decide all contract disputes for the life of the Agreement, including any previously filed grievances in the electronic grievance system which are open (i.e. not closed, withdrawn, settled, or arbitrated) on the date of ratification. An arbitrator shall serve for the duration of this Agreement, unless he/she is unable to serve or his/her services are terminated earlier by mutual agreement of the parties. The arbitrator shall be notified of his/her termination by a joint letter from the parties. The arbitrator shall conclude his/her services by responding to any grievances previously heard. A successor arbitrator shall be selected by the parties within thirty (30) days after the resignation or termination of the arbitrator. In the alternative, the parties by mutual agreement may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are working out of class cases under Article 65 and non-non- selection cases under Article 31, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, the Office of Collective Bargaining shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Should the parties be unable to agree on any of the other details of the arbitration process, all unresolved questions shall jointly be submitted to an arbitrator, for resolution, whose decision will be binding on the parties. Rules applicable to this Article shall be based, insofar as is practical, on the Voluntary Rules of the American Arbitration Association.

Permanent Arbitrators. The parties will select six (6) individuals as the permanent arbitrators, who will decide all contract disputes for the life of the Agreement, including any previously filed grievances in the electronic grievance system which are open (i.e. not closed, withdrawn, settled, or arbitrated) on the date of ratification. An arbitrator shall serve for the duration of this Agreement, unless he/she is unable to serve or his/her services are terminated earlier by mutual agreement of the parties. The arbitrator shall be notified of his/her termination by a joint letter from the parties. The arbitrator shall conclude his/her services by responding to any grievances previously heard. A successor arbitrator shall be selected by the parties within thirty (30) days after the resignation or termination of the arbitrator. In the alternative, the parties by mutual agreement may request a labor arbitrator list through the Federal Mediation and Conciliation Service (FMCS); provided however, FMCS shall not be used for those cases that are working out of class cases under Article 65 and non-non- selection cases under Article 31, unless mutually agreed otherwise. When a labor arbitrator through FMCS is to be used, the Office of Collective Bargaining shall contact FMCS for a list of seven (7) labor arbitrators who are members of the National Academy of Arbitrators (NAA) who are residents of or have a business office within Ohio from which one shall be selected. The costs of obtaining the initial FMCS list shall be borne by the party requesting the use of a labor arbitrator through FMCS. Failing to mutually agree upon an arbitrator from this list, the parties shall strike names alternately, with the parties’ right to strike (i.e. the choice to strike first or second) to be determined by the flip of a coin. Prior to beginning the striking procedure, either party shall have the option to completely reject the list of names and request another list once per case, provided the request is made within ten (10) days of receiving the list. The party completely rejecting the list of names and requesting another list will pay any additional costs associated with the production of another list. Upon receiving a subsequent list, the parties will again first attempt to mutually select an arbitrator and, if failing to mutually agree upon an arbitrator from this list, then the parties shall strike names alternately. If a selected arbitrator refuses to accept an appointment after the parties have followed this procedure, the parties will first attempt to mutually select an arbitrator from any of the lists received from FMCS for the applicable case, and if a mutual selection cannot be made then another list shall be requested from FMCS, the cost will be shared equally by the parties, and the selection process shall continue as described herein. Should the parties be unable to agree on any of the other details of the arbitration process, all unresolved questions shall jointly be submitted to an arbitrator, for resolution, whose decision will be binding on the parties. Rules applicable to this Article shall be based, insofar as is practical, on the Voluntary Rules of the American Arbitration Association.