Section 3 - Arbitration Sample Clauses

Section 3 - Arbitration. The Employer and the Union shall obtain a list of seven (7) recognized arbitrators from Federal Mediation and Conciliation Service to be requested by either, or both parties. Both the Employer and the Union shall have the right to each strike a panel received from Federal Mediation and Conciliation Service. The Union shall strike one (1) name, then the employer shall strike another name, and the process shall be repeated until the remaining named person shall be designated as the arbitrator.
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Section 3 - Arbitration. If a satisfactory settlement is not reached in Section 2 above, the Union may, within ten (10) working days of notification, refer the grievance to arbitration by giving written notice to the Employer:
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Section 3 - Arbitration. (A) In the event the respective representatives of the COUNTY and the UNION cannot agree to the selection of an arbitrator within eight (8) calendar days, final selection shallwill be accomplished with one party, to be determined by lot, first striking off one of the five (5) names submitted by the State Mediation and Conciliation Service and thereafter the parties alternately striking names until one name remains. It is understood that in the event either party objects to the list of names supplied by the State Mediation and Conciliation Service, a second list may be requested.
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Section 3 - Arbitration. 2 (A) A grievance which either party desires to contest further, and 3 which involves the interpretation or application of the terms of 4 this Agreement, shall be submitted to arbitration as provided in 5 this Article, but only if the Union gives written notice to the 6 Company of its desire to arbitrate the grievance within thirty (30) 7 days of the receipt of the decision provided in Step Two 8 described in Article III, Section 2 (B)(2) or the grievance shall be 9 deemed waived. Such waiver shall not constitute a precedent 10 binding upon the Company or the Union for future grievances.
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Section 3 - Arbitration. 31 If the grievance remains unsettled, either party may, within ten (10) working 32 days after the reply of the Health Administrator or their designee is due, by 33 written notice to the other, request arbitration. The arbitration proceeding 34 shall be conducted by an arbitrator to be selected by the Employer and the 1 Association within five (5) working days after notice has been given. If the 2 parties fail to select an arbitrator, the State Employment Relations Board 3 shall be requested by either or both parties to provide a panel of five (5) 4 arbitrators. Both the Employer and the Association shall have the right to 5 strike two (2) names from the panel. The party requesting arbitration shall 6 strike the first name. The process will be repeated, and the remaining person 7 shall be the arbitrator. The arbitrator shall begin taking evidence and 8 testimony as soon as practical after their selection. The arbitrator shall render
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Section 3 - Arbitration. A. In the event no agreement is reached, either party may request arbitration in writing within fifteen (15) working days of the Executive Director's decision or the PERC mediation meeting. Both parties agree that submission of a case to arbitration shall be based on the original written grievance as submitted in Step 1 of the grievance procedure.
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Section 3 - Arbitration. If the grievance remains unsettled, either party may, within 25 ten (10) working days after the reply of the health administrator or their designee is 26 due, by written notice to the other, request arbitration. The arbitration proceeding 27 shall be conducted by an arbitrator to be selected by the Employer and the 28 Association within five (5) working days after notice has been given. If the parties 29 fail to select an arbitrator, the State Employment Relations Board shall be requested 30 by either or both parties to provide a panel of five (5) arbitrators. Both the Employer 31 and the Association shall have the right to strike two (2) names from the panel. The 32 party requesting arbitration shall strike the first name. The process will be repeated 1 and the remaining person shall be the arbitrator. The arbitrator shall begin taking 2 evidence and testimony as soon as practical after their selection. The arbitrator shall 3 render a decision no later than twenty (20) calendar days after the conclusion of the 4 final hearing. The power of the arbitrator shall be limited to interpreting this 5 agreement and determining if it has been violated and to resolving the grievance 6 within the terms of this agreement. The decision of the arbitrator shall be binding on 7 both parties. The cost of the arbitration shall be borne equally by both parties. Each 8 party shall be responsible for costs of presenting its own case to arbitration.
Sample 1
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Section 3 - Arbitration. Prior to submitting the grievance to arbitration pursuant to this Article, the University and the Union shall meet and attempt to reduce to writing the issue or issues to be placed before the arbitrator. The parties will utilize the Federal Mediation and Conciliation Services procedure. The FMCS arbitration panel shall only contain arbitrators who are members of the National Academy of Arbitrators from the Ohio district.
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Related to Section 3 - Arbitration

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Medical Center Chief Administrative Officer or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from Washington and Oregon and the parties shall alternate in striking names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of paragraphs 3 or 7 hereof),

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator.

  • Appeal to Arbitration An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:

  • Expedited Arbitration Procedures If the issue to be resolved through the negotiations referenced in Section 18.2 directly and materially affects service to either Party's end-user customers, then the period of resolution of the dispute through negotiations before the dispute is to be submitted to binding arbitration shall be five (5) Business Days. Once such a service affecting dispute is submitted to arbitration, the arbitration shall be conducted pursuant to the expedited procedures rules of the Commercial Arbitration Rules of the American Arbitration Association (i.e., rules 53 through 57).

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