Rules Governing Arbitration. Executive and Employer shall have the same amount of time to file any claim against any other party as such party would have if such a claim had been filed in state or federal court. In conducting the arbitration, the arbitrator shall follow the rules of evidence of the Commonwealth of Massachusetts (including but not limited to all applicable privileges), and the award of the arbitrator must follow Massachusetts and/or federal law, as applicable.
Rules Governing Arbitration. Executive and Employer shall have the same amount of time to file any claim against any other party as such party would have if such a claim had been filed in state or federal court. In conducting the arbitration, the arbitrator shall follow the rules of evidence of the State of California (including but not limited to all applicable privileges), and the award of the arbitrator must follow California and/or federal law, as applicable.
Rules Governing Arbitration. 40.12.1 Unless otherwise agreed by the parties, challenges to the procedural arbitrability of a grievance will be resolved in a proceeding separate from and prior to arbitration on the merits of the grievance. Within fourteen (14) calendar days following receipt of an arbitrator’s decision ruling that a challenged grievance is subject to arbitration, the parties will begin the process described in Section 40.11 to select an arbitrator to rule on the merits of the grievance.
40.12.2 The arbitrator will:
(a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement;
(b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it;
(c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement;
(d) Not have the authority to order the Employer to modify its staffing levels or to direct staff to work overtime.
40.12.3 Arbitrations will take place in accord with the Labor Arbitration Rules of AAA unless the parties agree otherwise in writing. The arbitrator will have the authority to require the presence of employees and/or documents.
40.12.4 The arbitrator will issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post- hearing briefs, whichever is later. The decision will be final, conclusive and binding on the University, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction.
Rules Governing Arbitration. In all other respects, the arbitration shall be conducted pursuant to the then-existing Commercial Rules of the AAA to the extent such rules are not inconsistent with any provision of this Agreement. Subject to the foregoing, the arbitrators shall determine the scope and extent of permissible discovery, if any.
Rules Governing Arbitration. 40.12.1 Unless otherwise agreed by the parties, challenges to the procedural arbitrability of a grievance will be resolved in a proceeding separate from and prior to arbitration on the merits of the grievance. Within fourteen
Rules Governing Arbitration. 1. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
2. Any grievance not appealed to arbitration shall be deemed resolved by the employer’s answer at the previous step without prejudice to other grievances, unless the Association agrees in writing with the settlement of the grievance.
3. The decision of the arbitrator shall be binding upon both parties to the grievance. The arbitrator shall have no power to amend, subtract from, add to, alter, disregard or modify any terms of this Agreement. The arbitrator shall not have authority to decide any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practices of the parties in interpreting or applying terms of this Agreement can be relevant evidence, but may not be used so as to justify, or result in, what is in effect a modification, addition, or detraction of written terms of this Agreement.
4. The Arbitrator shall have the authority to determine whether the case will be heard on its merits at the same hearing in which the jurisdictional question is presented. In any case, where the Arbitrator determines that such grievance fails to meet said test of arbitrability, the case will be referred back to the parties without a recommendation on the merits. Unless expressly agreed to by the parties, in writing, the Arbitrator is limited to hearing one issue or grievance upon its merits at one hearing. Separate hearing shall be constituted for each grievance appealed to arbitration.
5. The fees and expenses of the arbitrator, American Arbitration Association administrative costs, cost of any transcripts, and cost of any hearing room shall be borne equally by the parties to the arbitration. All other expenses shall be borne by the party incurring them.
6. Neither party to a grievance shall be permitted to present any evidence not disclosed to the other party at least forty-eight (48) hours prior to the arbitration hearing, nor shall either party be permitted to amend a grievance at the level of arbitration (after Step Three).
Rules Governing Arbitration. 1. The Board or the Union shall not be permitted to assert into such arbitration proceeding any ground, or to rely on any evidence, not previously disclosed to the other party.
2. The arbitrator shall have no power to alter, add to or subtract from the terms of this Agreement.
3. Both parties agree that the award of the arbitrator shall be binding and agree that judgment thereon may be entered in any court of competent jurisdiction.
4. The fees and expenses of the arbitrator shall be shared equally by the parties.
Rules Governing Arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) or such other administrator as the Parties shall mutually agree upon in accordance with the AAA Commercial Arbitration Rules. All Disputes submitted to arbitration shall be resolved in accordance with the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision in this letter agreement. The arbitration shall be conducted at a location in [INSERT STATE] selected by the AAA or other administrator. If there is any inconsistency between the terms hereof and any such rules, the terms and procedures set forth herein shall control. All statutes of limitation applicable to any Dispute shall apply to any arbitration proceeding. All discovery activities shall be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in an arbitration may be entered in any court having jurisdiction.
Rules Governing Arbitration. Arbitration proceedings shall be administered by the American Arbitration Association (“AAA”) or such other administrator as the parties shall mutually agree upon in accordance with the AAA Commercial Arbitration Rules. All Disputes submitted to arbitration shall be resolved in accordance with the Federal Arbitration Act (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision in this Agreement. The arbitration shall be conducted at a location in Las Vegas, Nevada selected by the AAA or other administrator. If there is any inconsistency between the terms hereof and any such rules, the terms and procedures set forth herein shall control. All statutes of limitation applicable to any Dispute shall apply to any arbitration proceeding. All discovery activities shall be expressly limited to matters directly relevant to the Dispute being arbitrated. Judgment upon any award rendered in an arbitration may be entered in any court having jurisdiction; provided, however, that nothing contained herein shall be deemed to be a waiver by either Party which is a bank of the protections afforded to it under 12 USC § 91 or any similar applicable state law.
Rules Governing Arbitration. Arbitration under this Agreement will be governed by the Federal Arbitration Act and proceed in Minneapolis, Minnesota in accordance with the American Arbitration Association's commercial arbitration rules ("AAA Rules").
