Stage 4: Arbitration Sample Clauses

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.
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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.
Stage 4: Arbitration. 22.9.1.1 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.
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.
Stage 4: Arbitration. A. 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.
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.
Stage 4: Arbitration. (a) If the Aggrieved Party is not satisfied with the decision at Stage 3, or if no decision has been rendered within ten (10) days after the meeting with the Board, the Aggrieved Party may request that the PPRR Committee submit the grievance to Arbitration. If such a request is made, it must be made in writing.
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Stage 4: Arbitration. If the Association is not satisfied with the decision at Stage 3, and the Association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the District not later than the fifteenth school day after the Board’s decision at Stage 3. The District and the Association will then 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 do this within ten (10) school days, the Association will refer the grievance to arbitration by requesting that the American Arbitration Association or another mutually agreed upon agency provide a list of twenty (20) names of arbitrators. Within ten (10) school days of the date on which it receives its copy of the list, each party will return its copy to the agreed upon agency with all names which are unacceptable to it crossed off and remaining names numbered in order of the party’s preference. If the mutually agreed upon agency determines that no mutually acceptable arbitrator has been selected by the parties, the agency shall send to each party a second list of twenty (20) names and the foregoing procedure will be followed with respect to that list. If the mutually agreed upon agency determines that no mutually accepted arbitrator has been selected by the parties from the second list, the agency will name the arbitrator. The arbitration proceedings shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association, to the extent that such rules do not conflict with the provisions of this Agreement. The arbitrator’s decision will be in writing and will set forth his/her findings, reasonings and conclusions on the issues submitted. The arbitrator will be without 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 the Agreement. The decision of the arbitrator shall be binding on both parties. The arbitrator shall have no power to alter, add to or detract from the provisions of the Agreement. The costs for the services of the arbitrator will be borne equally by the District and the Association.

Related to Stage 4: Arbitration

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.

  • Step Four - Arbitration 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator.

  • Expedited Arbitrations Where a difference arises at an institution relating to the interpretation, application or administration of a local agreement, including where an allegation is made that a term or condition of a local agreement has been violated, either of the local parties may, after exhausting the steps of the grievance procedure under the local agreement, notify the other local party within ten (10) calendar days of receipt of the last grievance step reply, of its desire to arbitrate and to submit the difference or allegation to expedited arbitration before a single arbitrator.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

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