Common use of Provisions for Arbitration Clause in Contracts

Provisions for Arbitration. Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions: 1. Either the Employer or the Union, or both, shall notify the arbitrator of selection and upon acceptance shall forward to the arbitrator a copy of the grievance, the Employer’s response at Step Three, the Union notice of intent to arbitrate and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Union, as the case may be. If the arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection. 2. Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submit- xxx for decision. The hearing shall be held on the relevant campus (Xxx Arbor, Flint, or Dearborn) unless otherwise agreed by both the Union and the Employer. Grievances that are University-wide in nature will ordinarily be heard in Xxx Arbor. 3. At the time of the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses. 4. Upon request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The Employer and the Union shall have an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator’s copy, unless it is mutually re- quested. In such a case, the cost shall be shared equally. 5. At the close of the hearing, the arbitrator shall afford the Employer and the Union a reasonable opportunity to furnish briefs if either party requests this opportunity. 6. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section A., submitted to them consistent with this Agreement, and considered by them in accordance with this Agreement. 7. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of this Agreement. 8. The arbitrator shall not have any authority to substitute their judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent that the effects may violate the Employer’s obligations under this Agreement. 9. The Employer and the Union shall share the fees and expenses of the arbitrator equally. 10. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Union shall be paid by the party producing the witness or having the representative. 11. The arbitrator shall render the decision in writing within thirty (30) days following the hearing. 12. The arbitrator’s decision, when made in accordance with the arbitrator’s jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union, and the Employee or Employees involved.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Provisions for Arbitration. Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions: 1. Either the Employer or the Union, or both, shall notify the arbitrator of selection and upon acceptance shall forward to the arbitrator a copy of the grievance, the Employer’s response at Step Three, the Union notice of intent to arbitrate and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Union, as the case may be. If the arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection. 2. Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submit- xxx for decision. The hearing shall be held on the relevant campus (Xxx Arbor, Flint, or Dearborn) unless otherwise agreed by both the Union and the Employer. Grievances that are University-wide in nature will ordinarily be heard in Xxx Arbor. 3. At the time of the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses. 4. Upon request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The Employer and the Union shall have an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator’s copy, unless it is mutually re- quested. In such a case, the cost shall be shared equally. 5. At the close of the hearing, the arbitrator shall afford the Employer and the Union a reasonable opportunity to furnish briefs if either party requests this opportunity. 6. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section A., submitted to them him or her consistent with this Agreement, and considered by them him or her in accordance with this Agreement. 7. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of this Agreement. 8. The arbitrator shall not have any authority to substitute their his or her judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent that the effects may violate the Employer’s obligations under this Agreement. 9. The Employer and the Union shall share the fees and expenses of the arbitrator equally. 10. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Union shall be paid by the party producing the witness or having the representative. 11. The arbitrator shall render the decision in writing within thirty (30) days following the hearing. 12. The arbitrator’s decision, when made in accordance with the arbitrator’s jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union, and the Employee or Employees involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Provisions for Arbitration. Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions: 1. Either the Employer or the Union, or both, shall notify the arbitrator of selection and upon acceptance shall forward to the arbitrator a copy of the grievance, the Employer’s response at Step Three, the Union notice of intent to arbitrate and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Union, as the case may be. If the arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection. 2. Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submit- xxx submitted for decision. The hearing shall be held on the relevant campus (Xxx Arbor, Flint, or Dearborn) unless otherwise agreed by both the Union and the Employer. Grievances that are University-wide in nature will ordinarily be heard in Xxx Arbor. 3. At the time of the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses. 4. Upon request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The Employer and the Union shall have an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator’s copy, unless it is mutually re- questedrequested. In such a case, the cost shall be shared equally. 5. At the close of the hearing, the arbitrator shall afford the Employer and the Union a reasonable opportunity to furnish briefs if either party requests this opportunity. 6. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section A., submitted to them consistent with this Agreement, and considered by them in accordance with this Agreement. 7. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of this Agreement. 8. The arbitrator shall not have any authority to substitute their judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent that the effects may violate the Employer’s obligations under this Agreement. 9. The Employer and the Union shall share the fees and expenses of the arbitrator equally. 109. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Union shall be paid by the party producing the witness or having the representative. 1110. The arbitrator shall render the decision in writing within thirty (30) days following the hearing. 11. The arbitrator shall not have any authority to substitute their judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent the effects may violate the Employer’s obligations under this Agreement. 12. The arbitrator’s decision, when made in accordance with the arbitrator’s jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union, and the Employee or Employees involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Provisions for Arbitration. Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions: 1. Either the Employer or the Union, or both, shall notify the arbitrator of selection and upon acceptance shall forward to the arbitrator a copy of the grievance, the Employer’s response at Step Three, the Union notice of intent to arbitrate and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Union, as the case may be. If the arbitrator does not accept selection, the selection process shall be repeated until an arbitrator has accepted selection. 2. Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submit- xxx for decision. The hearing shall be held on the relevant campus (Xxx Arbor, Flint, or Dearborn) unless otherwise agreed by both the Union and the Employer. Grievances that are University-wide in nature will ordinarily be heard in Xxx Arbor. 3. At the time of the arbitration hearing, both the Employer and the Union shall have the right to examine and cross-examine witnesses. 4. Upon request of either the Employer or the Union, or both, a transcript of the hearing shall be made and furnished to the arbitrator. The Employer and the Union shall have an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator’s copy, unless it is mutually re- quested. In such a case, the cost shall be shared equally. 5. At the close of the hearing, the arbitrator shall afford the Employer and the Union a reasonable opportunity to furnish briefs if either party requests this opportunity. 6. The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined in Section A., submitted to them him or her consistent with this Agreement, and considered by them him or her in accordance with this Agreement. 7. The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of this Agreement. 8. The arbitrator shall not have any authority to substitute their substi- tute his or her judgment regarding any academic judgment made by the Employer. However, the arbitrator can rule on the impact of such academic judgments to the extent that the effects may violate the Employer’s obligations under this Agreement. 9. The Employer and the Union shall share the fees and expenses of the arbitrator equally. 10. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Union shall be paid by the party producing the witness or having the representative. 11. The arbitrator shall render the decision in writing within thirty (30) days following the hearing. 12. The arbitrator’s decision, when made in accordance with the arbitrator’s jurisdiction and authority established by this Agreement, shall be final and binding upon the Employer, the Union, and the Employee or Employees involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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