Stage 4: Arbitration Clause Samples

The 'Stage 4 – Arbitration' clause establishes that disputes unresolved through earlier negotiation or mediation stages must be settled by arbitration. In practice, this means that both parties agree to submit their disagreement to a neutral third-party arbitrator, whose decision is typically binding and enforceable. This clause provides a structured, private, and often faster alternative to litigation, ensuring that conflicts are resolved efficiently and with finality, thereby reducing prolonged uncertainty and legal costs.
Stage 4: Arbitration a. A grievance, which is not resolved at Stage 3, may be submitted by the Association to an arbitrator for decision. Notice of Demand for Arbitration shall be filed with the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District within ten (10) days after receipt of the decision of the Superintendent or, where no decision has been issued as provided herein, three (3) days following the expiration of the time limits specified. b. Upon receipt of a list provided by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District, the parties will attempt to mutually designate an arbitrator, and will obtain a commitment from said arbitrator to serve. In the event that the parties cannot agree on an arbitrator from the first list submitted by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District, the parties shall follow the procedure set forth by the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District for the designation of the arbitrator. c. If the parties mutually agree, an effort may be made to select an arbitrator other than from the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District under circumstances where complex educational issues are involved and where technical professional compliance in education seems to both parties essential to a resolution of the dispute. d. The selected arbitrator shall hear the matter promptly and issue a decision in accordance with the rules of the American Arbitration Association, Public Employee Relations Board and others agreed to by the Association and District. The arbitrator’s decision shall be in writing and set forth findings of fact, opinion and conclusions on the issue(s) submitted. The arbitrator shall limit the decision strictly to the application and interpretation of the provisions of this Agreement, be limited to the issues or issues submitted for arbitration, and shall be without power or authority to make any decision: (1) contrary to, inconsistent with, or modifying or varying in any way the terms of this Agreement or applicable law or rules and regulations having the force and effect of law; (2) involving Board discretion or Board policy under the provision of this Agreement, under Boa...
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Stage 4: Arbitration a. After such hearing, if the teacher is not satisfied with the decision at Stage 3, and the Grievance Committee determines that the grievance is meritorious and that appealing it is in the best interests of the aggrieved party, it may submit the grievance to arbitration by written notice to the Board of Education within ten (10) working days of the decision at Stage 3. b. Within five (5) working days after such written notice of submission to arbitration, the School District and the Grievance Committee will agree upon a mutually acceptable arbitrator competent in the area of the grievance, and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators will be made to the American Arbitration Association by either party. The parties will then be bound by the rules and procedures of the American Arbitration Association. c. The selected arbitrator will hear the matter promptly and will issue his/her decision not later than fourteen (14) calendar days from the date of the close of the hearing, or if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions of the issues. d. The decision of the arbitrator, which shall be rendered to the Board of Education, the aggrieved party and the Grievance Committee, shall be binding on both parties. e. The arbitrator’s decision shall be confined to an interpretation of the Negotiated Agreement. The arbitrator has no power to add to, detract from or change in any way the provisions of this Agreement. f. Should the decision of the arbitrator so shock the sensibilities of either party and be based on irrelevant matters rather than relevant issues, the decision shall be reviewable through the courts. g. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the Board of Education and the Association.
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Stage 4: Arbitration. In the event the Association's Executive Committee is not satisfied with the decision rendered at Stage 3, the Committee may submit the alleged grievance to arbitration by notifying the Board of Education in writing within ten (10) days after receipt of the decision at Stage 3.
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Stage 4: Arbitration. If the grievance is not satisfactorily resolved at Stage 3, and the union considers the grievance meritorious, the union may submit the grievance to arbitration by written notice to the Superintendent of Schools within ten (10) working days of the receipt of decision at Stage 3. Within ten (10) working days after such notice, the Superintendent or his/her representative may confer with the union representative to see if they can agree on a mutually acceptable arbitrator. If no such agreement can be reached, or if the parties waive such conference, the American Arbitration Association or Public Employers Relations Board (PERB) will be asked to administer the arbitration proceeding in accordance with its rules and procedures and the parties agree to be bound by said Rules of Voluntary Labor Arbitration. The arbitrator shall render his/her written decision not later than thirty (30) days from when the hearing is declared closed. The arbitrator shall have no power or authority to make any decision or award requiring the commission of an act prohibited by law or which is volatile of the terms of this agreement. The arbitrator will similarly be without authority to add to or detract from the terms of the agreement. The District and the Union will share the arbitrator’s fees and expenses equally. The decision of the arbitrator shall be final and binding.
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Stage 4: Arbitration. After such hearing, if the bargaining unit member and/or the Association are not satisfied w ith the decision at Stage 3, and the Association determines that the grievance is meritorious and that appealing it is in the best interest of the school system, it may submit the grievance to arbitration by written notice to the Board within ten (XO) school days o f the decision at Stage 3.
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Stage 4: Arbitration a. If the Union is not satisfied with the Stage 3 decision, it may, within fifteen (15) workdays of receipt of said decision, submit the dispute to arbitration. Only the Union may submit the case to arbitration. If the issue involved in the arbitration has been submitted to any other forum, it may not be submitted to arbitration. b. The arbitrator shall have no power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement or which adds to, subtracts from, modifies, changes or alters any provision(s) of this Agreement. The decision of the arbitrator shall be final and binding upon all parties. The arbitrator's decision shall be based solely on the terms and conditions of employment contained within this Agreement c. The costs for the services of the arbitrator, including expenses, if any, will be borne equally by the District and the Union. d. Both parties agree to attempt to keep costs at a minimum. Therefore, the parties will meet (without the arbitrator) and attempt to frame the question and reach agreement on any stipulations and exhibits prior to the arbitration. e. The arbitration will be held in accordance with the American Arbitration Association Voluntary Arbitration Rules. f. The arbitrator's decision shall be rendered within thirty (30) days of the close of the hearing.
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Related to Stage 4: Arbitration

  • Step 4 - Arbitration After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Expedited Arbitration 1. Scope