Common use of Section Nine Clause in Contracts

Section Nine. Arbitration. (a) Submission to arbitration shall be by certified or registered letter from the grievant to the State (Office of Labor Relations). The parties shall establish a permanent panel of mutually acceptable arbitrators from which a single arbitrator will be selected to hear and render a decision on each grievance submitted to arbitration . By mutual agreement, grievances may be combined and submitted to a single arbitrator . In cases involving the dismissal or demotion of an employee, the arbitrator shall be contacted within twenty (20) days of the request for arbitration and must be available to schedule the beginning hearing within forty-five (45) days of his/her appointment. In all other cases, the arbitrator will be contacted within thirty (30) days of the request and an arbitration schedule shall be arranged . If the arbitrator selected is not available to schedule the hearing in a timely fashion the next arbitrator in rotation shall be selected . The expenses for the arbitrator’s service and for the hearing shall be shared equally by the State and the Union or in dismissal or suspension cases when the union is not a party one-half the cost shall be borne by the State and the other half by the party submitting to arbitration. The Office of Labor Relations shall provide to the Union upon request a monthly summary of the arbitrator designations and the cases offered/scheduled with each . On grievances when arbitrability has been raised as an issue the arbitration shall be bifurcated at the demand of either party . In such cases separate arbitrators may be utilized to hear the arbitrability issue and the merits in the event the case is determined to be arbitrable .

Section Nine. Arbitration. (a) Submission to arbitration shall be by certified or registered letter from the grievant to the State (Office of Labor Relations). The parties shall establish a permanent panel of mutually acceptable arbitrators from which a single arbitrator will be selected to hear and render a decision on each grievance submitted to arbitration arbitration. By mutual agreement, grievances may be combined and submitted to a single arbitrator arbitrator. In cases involving the dismissal or demotion of an employee, the arbitrator shall be contacted within twenty (20) days of the request for arbitration and must be available to schedule the beginning hearing within forty-five (45) days of his/her appointment. In all other cases, the arbitrator will be contacted within thirty (30) days of the request and an arbitration schedule shall be arranged arranged. If the arbitrator selected is not available to schedule the hearing in a timely fashion the next arbitrator in rotation shall be selected selected. The expenses for the arbitrator’s service and for the hearing shall be shared equally by the State and the Union Union, or in dismissal or suspension cases when the union is not a party one-half the cost shall be borne by the State and the other half by the party submitting to arbitration. The Office of Labor Relations shall provide to the Union upon request a monthly summary of the arbitrator designations and the cases offered/scheduled with each each. On grievances when arbitrability has been raised as an issue the arbitration shall be bifurcated at the demand of either party party. In such cases separate arbitrators may be utilized to hear the arbitrability issue and the merits in the event the case is determined to be arbitrable arbitrable.

Section Nine. Arbitration. (a) Submission to arbitration shall be by certified or registered letter from the grievant to the State (Office of Labor Relations). The parties shall establish a permanent panel of mutually acceptable arbitrators from which a single arbitrator will be selected to hear and render a decision on each grievance submitted to arbitration arbitration. By mutual agreement, grievances may be combined and submitted to a single arbitrator arbitrator. In cases involving the dismissal or demotion of an employee, the arbitrator shall be contacted within twenty (20) days of the request for arbitration and must be available to schedule the beginning hearing within forty-five (45) days of his/her appointment. In all other cases, the arbitrator will be contacted within thirty (30) days of the request and an arbitration schedule shall be arranged arranged. If the arbitrator selected is not available to schedule the hearing in a timely fashion the next arbitrator in rotation shall be selected selected. The expenses for the arbitrator’s service and for the hearing shall be shared equally by the State and the Union or in dismissal or suspension cases when the union is not a party one-half the cost shall be borne by the State and the other half by the party submitting to arbitration. The Office of Labor Relations shall provide to the Union upon request a monthly summary of the arbitrator designations and the cases offered/scheduled with each each. On grievances when arbitrability has been raised as an issue the arbitration shall be bifurcated at the demand of either party party. In such cases separate arbitrators may be utilized to hear the arbitrability issue and the merits in the event the case is determined to be arbitrable arbitrable.