Common use of Section D. Arbitration Clause in Contracts

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Civil Service Commission, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Civil Service Commission, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.will

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-pre- arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Department of Civil Service CommissionService, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSErepresentatives.

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 ninety (90) calendar days from the date of transmittal of the pre-arb prearb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the The Federal Mediation and Conciliation Service or the Michigan Employment Relation Commission may be used for such purposes or a system where by mutual agreement between the Arbitrator is selected from a mutually agreed upon panel of Arbitratorsparties. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Department of Civil Service CommissionService, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days10 weekdays; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Article 9 Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Department of Civil Service CommissionService, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.to

Section D. Arbitration. If satisfactory settlement is not reached at the final Departmental Step, only the MCO Executive Board or its agent may appeal the grievance to Arbitration within 90 calendar days from the date of transmittal of the pre-arb answer. The Union may raise the issue of the transmittal date upon receipt of the answer if there is a question regarding the mailing date. A copy of the arbitration demand shall be served upon the departmental employer and the Office of the State Employer. If an unresolved grievance is not timely appealed to Arbitration, it shall be considered closed without prejudice or precedent in the resolution of other grievances. In the event a non-disciplinary contract interpretation or application grievance has been properly filed for Arbitration, at the request of MCO, the departmental employer or the Office of the State Employer, a conference between a representative of the Office of the State Employer, the Department, and the Union shall be held for the purpose of clarifying, stipulating and recording the issues to be arbitrated including any dispute related thereto, and to attempt to arrive at a fair and equitable settlement. All threshold issues shall be raised, if known, prior to the arbitration hearing. The Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association (AAA). During the life of this Agreement, the parties may mutually agree to use the Federal Mediation and Conciliation Service for such purposes or a system where the Arbitrator is selected from a mutually agreed upon panel of Arbitrators. In addition, the parties agree to mutually explore an alternative grievance resolution process involving the Department of Civil Service CommissionService, which process would include the following elements: The scope of the procedure would be limited to only those cases which the parties have mutually agreed to submit to such procedure; only those cases involving disciplinary suspensions will be eligible for this procedure; the decision of the Civil Service Hearing Officer must be rendered within 14 calendar days; the decision shall include no explanation or rationale other than an indication of whether the grievance is granted or denied; the decision of the Civil Service Hearing Officer shall be final and binding on all parties. The expenses and fees as billed by the Arbitrator shall be borne by the losing party. The Arbitrator shall have the authority to prorate the cost where a decision does not clearly state which party is the losing party. The filing fee shall be paid by the losing party. The expenses of a hearing reporter shall be borne by the party requesting the reporter unless the parties jointly agree to share such costs. The parties may propose consolidation of grievance arbitration cases for arbitration hearings where such cases concern similar issues. The parties will continue to discuss expedited grievance arbitration or mediation procedure, as well as the types of cases which will be subject to such expedited procedure. The Arbitrator shall only have the authority to determine compliance with the provisions of this Agreement. The Arbitrator shall be the judge of the relevance and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. No monetary award may be made for attorney or witness fees arising out of, or attributable to, the grievance appeal. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant MCO or the Employer any rights or privileges which were not obtained or preserved in the contract provisions. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. Except as provided in Civil Service Rules and Regulations, the decision of the Arbitrator will be final and binding on all parties to this Agreement and an Arbitration decision shall not be appealable to the Civil Service Commission. The written decision of the Arbitrator shall be rendered within 30 calendar days from the closing of the record of the hearing. However, when the Arbitrator declares a bench decision, such decision shall be rendered in writing within 15 calendar days from the date of the arbitration hearing. A written copy of the decision shall be provided, and, if available from either the arbitrator or AAA, in electronic format (disc) and sent to both the Union and Employer representatives and to OSE.