Common use of Section A Clause in Contracts

Section A. In the event any disputes and/or differences, including discharges and suspensions, have been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, shall be presented to the Port Director, or his designee, within ten (10) working days from the receipt of the decision of the previous step. The arbitrator shall be appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a neutral within ten (10) working days after the arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of five (5) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the hearing involving the grievance. The decision of said arbitrator shall be final and binding upon both parties. The arbitrator shall not be empowered to alter, amend, add to, or eliminate any provisions of this Collective Bargaining Agreement. Expenses shall be borne equally by both parties. In the event that an employee has been disciplined to the extent that he or she has been suspended or discharged and is reinstated by an arbitrator's decision, the employee shall be reinstated with all back pay and with no loss or impairment of any rights under this Agreement or other rules and regulations of the Authority, unless directed otherwise by the arbitrator.

Section A. In the event any disputes and/or differences, including discharges and suspensions, have been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, shall be presented to the Port Director, or his designee, within ten (10) working days from the receipt of the decision of the previous step. The arbitrator shall be appointed by mutual consideration of the parties. In the event the parties are unable to agree upon a neutral within ten (10) working days after the arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of five (5) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to preside as a neutral at the hearing involving the grievance. The decision of said arbitrator shall be final and binding upon both parties. The arbitrator shall not be empowered to alter, amend, add to, or eliminate any provisions of this Collective Bargaining Agreement. Expenses shall be borne equally by both parties. In the event that an employee has been disciplined to the extent that he or she has been suspended or discharged and is reinstated by an arbitrator's decision, the employee shall be reinstated with all back pay and with no loss or impairment of any rights under this Agreement or other rules and regulations of the AuthorityCounty, unless directed otherwise by the arbitrator.