Stage 5 - Binding Arbitration Clause Samples

Stage 5 - Binding Arbitration a. If an aggrieved party represented by the Association and the Association or the Administration are not satisfied with the decision at the previous stage and the Association or the Administration determines that the grievance is meritorious, it may be submitted to the Suffolk County P.E.R.B. by written notice to the other party within ten (10) working days of the decision at the previous stage, a copy going to the County Director of Labor Relations. b. The parties will then be bound by the New York State P.E.R.B. guidelines. c. The selected arbitrator will hear the matter promptly within fourteen (14) working days of his/her selection, and will issue his/her decision no later than thirty (30) working 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 act, reasoning and conclusions on the issues. d. The arbitrator shall not have the power or the 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 requires legislative appropriation of funds in addition to those required to fulfill the terms of this Agreement. e. The decision of an arbitrator shall be final and binding upon all parties. f. The costs for the service of the arbitrator, including expenses if any, will be borne equally by the County and the Association.