Common use of Process for Invoking Arbitration of a Grievance Clause in Contracts

Process for Invoking Arbitration of a Grievance. a. Prior to invoking arbitration, the invoking party will submit a request to the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of seven impartial persons qualified to act as arbitrator. b. The notice invoking arbitration must be in writing, signed by an Officer of the NFFE-FSC or the Local Lodge President, or the appropriate Management official, and submitted to the other party within 28 days following issuance of the final grievance decision. If a final grievance decision is not received within the established timeframe per Article 9, then the 28-day timeframe to invoke arbitration begins the day after the final grievance decision was due. An invocation-of-arbitration notice will include a copy of the list, or a copy of the request for a list, of FMCS- or AAA-certified arbitrators. Failure to invoke arbitration within the 28 days will result in termination of the grievance. c. After arbitration is invoked, the parties may mutually agree to use a dispute resolution process. Use of the dispute resolution process does not suspend any of the timeframes in this Article unless mutually agreed by the parties. d. The party invoking arbitration may opt to postpone the arbitration hearing date, if that party has filed an Unfair Labor Practice charge alleging information relevant to the case has been withheld, until the Federal Labor Relations Authority (FLRA) has rendered its decision.

Process for Invoking Arbitration of a Grievance. a. Prior to invoking arbitration, the invoking party will submit a request to the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) for a list of seven impartial persons qualified to act as arbitrator. b. The notice invoking arbitration must be in writing, signed by an Officer of the NFFE-FSC or the Local Lodge President, or the appropriate Management official, and submitted to the other party within 28 days following issuance of the final grievance decision. If a final grievance decision is not received within the established timeframe per Article 9, then the 28-day timeframe to invoke arbitration begins the day after the final grievance decision was due. An invocation-of-arbitration notice will include a copy of the list, or a copy of the request for a list, of FMCS- or AAA-certified arbitrators. Failure to invoke arbitration within the 28 days will result in termination of the grievance. c. After arbitration is invoked, the parties may mutually agree to use a dispute resolution process. Use of the dispute resolution process does not suspend any of the timeframes in this Article article unless mutually agreed by the parties. d. The party invoking arbitration may opt to postpone the arbitration hearing date, if that party has filed an Unfair Labor Practice charge alleging information alleginginformation relevant to the case has been withheld, until the Federal Labor Relations Authority (FLRA) has rendered its decision.