Selecting an Arbitrator. The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.
Selecting an Arbitrator. This Exhibit A mandates Arbitration under the then current rules of the Judicial Arbitration and Mediation Service (JAMS) regarding employment disputes. The arbitrator shall be either a retired judge or an attorney experienced in employment law and licensed to practice in the state in which arbitration is convened. The parties shall select one arbitrator from among a list of three qualified neutral arbitrators provided by JAMS. If the parties are unable to agree on the arbitrator, each party shall strike one name and the remaining named arbitrator shall be selected.
Selecting an Arbitrator. The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the FMCS.
Selecting an Arbitrator. The parties will select an arbitrator from a list of seven (7) arbitrators by mutual agreement or by alternately striking names supplied by the FMCS, and will follow the Labor Arbitration Rules of the FMCS unless they agree otherwise in writing.
Selecting an Arbitrator. The Port and the Union mutually agree that either Party to this Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) persons who are qualified and available to serve as arbitrators for the dispute involved. The Parties agree to equally split any costs associated with obtaining a list of arbitrators from FMCS. Within ten (10) days of receipt of the FMCS list, the Parties will jointly select an arbitrator from the list by alternately striking one (1) arbitrator on the list until the final remaining arbitrator is selected as the arbitrator for the particular hearing. The Parties shall determine first initiative through a coin flip. The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue or issues presented; and shall confine his/her decision solely to the interpretation, application, or enforcement of this Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted to him/her for arbitration, and shall not have the authority to determine any other issue(s) not so submitted to him/her. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Union, and the Port. The fees and expenses of the arbitrator shall be equally split between the Parties; otherwise, each Party shall pay its own fees, expenses, and costs, including attorney fees, witness compensation, and transcript requests.
Selecting an Arbitrator. If the organization administering the arbitration so permits, either party may nominate any person(s) for consideration as an arbitrator. If the parties do not mutually agree on an arbitrator, a list of nine (9) neutral potential arbitrators will be submitted to the parties by the arbitration administrator. From that list, the Company and you will each have the opportunity to strike up to three names and “rank” their preference for the remaining names, and the arbitration administrator shall select a neutral arbitrator that is highest ranked by both parties and not stricken by either party.
Selecting an Arbitrator. The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the arbitration organization.
Selecting an Arbitrator. If a grievance has been processed through Step 2 of the grievance procedure and the parties have not resolved such grievance the Union may select either the FMCS or the PERC to settle the dispute. If FMCS is selected, the parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the FMCS. This will apply to the first five (5) grievances filed after July 1, 2019. The next five (5) grievances not resolved at Step 2, in which the Union seeks arbitration to settle the dispute, the Employer will select either the FMCS or PERC. This approach will continue with the Union selecting between FMCS or the PERC on the next five (5) consecutive grievances, followed by the Employer selecting on the next five (5) grievances, unresolved at Step 2 and the Union desires to proceed to arbitration. Grievances settled between the parties, prior to an arbitration award, will not count as one of the five (5) selections by either party. The method described above will continue until July 1, 2018 at which time the alternating process will begin again with the Union selection of the first five (5) grievances followed by the Employer and continue until June 30, 2019.
Selecting an Arbitrator. The arbitrator will be selected as follows: a coin flip will determine which party strikes first. Following the coin flip, the parties will take turns striking names from the panel, until one (1) name remains. Following the selection of an arbitrator, the parties will arrange for the arbitrator to hear and decide the grievance without unreasonable delay.
Selecting an Arbitrator. One neutral arbitrator who is a licensed attorney will be selected in a manner consistent with AAA's Rules. The AAA will provide you and the Company with a list of seven neutral arbitrators who MUST have expertise in employment law and are licensed to practice law. The AAA, to the extent possible, will provide lists which include a diverse group of arbitrators. The AAA may not limit its list to arbitrators in one city, state or region but, instead, must include arbitrators from all regions of the United States on the same list. You and the Company can agree on an arbitrator from that list or in any other mutually agreeable manner. If the parties cannot agree on an arbitrator from the list, the parties will select the arbitrator by exercising alternating strikes with the party requesting arbitration striking first until only one arbitrator remains on the list. If either party fails or refuses to exercise its strikes, the other party selects the arbitrator. Once an arbitrator is selected, the Company will notify AAA. If either party does not find the first list acceptable, either party can request a different list. If either party wishes to reject the first or second list, that party must notify AAA within 15 days of the date the list was mailed or that party waives its right of rejection. Any request for a new list must be made prior to beginning the alternate strike process. The alternate strike process may not begin (unless mutually agreed otherwise) until the 15-day rejection period has expired. If the first two lists are rejected, an arbitrator must be selected from the third and final list. The arbitrator cannot have any personal or financial interest in the dispute. Occasionally, a name appears on the list whose current law firm represents the Company. In that case, when so notified, the AAA must send a replacement list to the parties and may not substitute just one new name to the original list. Before accepting the appointment, the arbitrator will be required to disclose to the AAA any information which may prevent a prompt hearing or create an appearance of bias. If any such information is presented to the AAA, the AAA will communicate that information to you and the Company. Depending on your and the Company’s response, the AAA may disqualify that person. If the selected individual elects not to serve, is disqualified, or is unable to serve promptly, another list of seven arbitrators will be provided. You and the Company will then select an arbitr...
