Common use of STEP 2 Arbitration Clause in Contracts

STEP 2 Arbitration. If a grievance is not resolved at Step 1, the employee or the PBA if applicable may within ten (10) work days after notification of the Sheriff’s or his designee’s response submit a request for arbitration to the Labor Relations Director. Notification to the employee or PBA shall be deemed to be effective upon hand delivery or upon mailing to the employee’s last known address, or mailing to the PBA if applicable. A. The parties may mutually select an arbitrator. If the parties are unable to do so within five (5) work days after filing of the arbitration appeal, a list of seven (7) qualified arbitrators from the southeast region shall be requested from the Federal Mediation and Conciliation Service (FMCS) and the list shall be paid for by the party initiating the arbitration. Within ten (10) work days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. The party initiating the arbitration shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above-described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Sheriff’s Office, which will pay for that particular list. B. If the grievant is not represented by the PBA and the FMCS will not supply a list, a list of arbitrators from the southeast region shall be requested from the American Arbitration Association (AAA) with the party initiating the arbitration paying whatever fees may be charged. Once the list has been obtained, the procedures detailed above shall be used for selecting the arbitrator. C. The parties agree that obtaining a list or lists and selecting an arbitrator shall be done as expeditiously as possible so as not to delay the arbitration process. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to ensure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. E. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this Agreement in arriving at a decision concerning the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. F. The decision of the arbitrator made within the scope of his authority as outlined in Paragraph E. above shall be final and binding upon the parties but neither party waives its rights to appeal the decision to the appropriate court of law. G. The arbitrator’s fees and expenses shall be borne by the losing party. In the event the arbitrator does not fully uphold the position of either party, the arbitrator’s fees and expenses shall be split equally by the parties to the arbitration. In the event a scheduled hearing is rescheduled or cancelled, or an appeal is withdrawn, and fees are due to the arbitrator, the party responsible for the rescheduling, cancellation, or withdrawal shall likewise be responsible to pay the costs. If both parties mutually make the decision to reschedule or cancel the hearing, the fees due the arbitrator shall be split equally by the parties. H. Any expenses incurred by a party in preparation for or as a result of the arbitration shall be borne by that party, except as provided above as relates to obtaining a list of arbitrator names. These expenses include but are not limited to attendance of participants and witnesses, fees for transcription of the hearing, and legal fees. No expenses shall be reimbursed by one party to the other regardless of the decision of the arbitrator. I. The arbitrator shall be requested to render his decision within thirty (30) calendar days after the hearing is completed or thirty (30) calendar days after receipt of post-hearing briefs. J. In the case of a grievance involving any continuing or other money claim against the Sheriff, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty (30) calendar days prior to the date when such grievance shall have been submitted in writing to the Sheriff.

STEP 2 Arbitration. If a grievance is not resolved at Step 1, the employee or the PBA if applicable may within ten (10) work days after notification of the Sheriff’s or his designee’s response submit a request for arbitration to the Labor Relations Director. Notification to the employee or PBA shall be deemed to be effective upon hand delivery or upon mailing to the employee’s last known address, or mailing to the PBA if applicable. A. The parties may mutually select an arbitrator. If the parties are unable to do so within five (5) work days after filing of the arbitration appeal, a list of seven (7) qualified arbitrators from the southeast region shall be requested from the Federal Mediation and Conciliation Service (FMCS) and the list shall be paid for by the party initiating the arbitration. Within ten (10) work days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. The party initiating the arbitration shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above-described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Sheriff’s Office, which will pay for that particular list. B. If the grievant is not represented by the PBA and the FMCS will not supply a list, a list of arbitrators from the southeast region shall be requested from the American Arbitration Association (AAA) with the party initiating the arbitration paying whatever fees may be charged. Once the list has been obtained, the procedures detailed above shall be used for selecting the arbitrator. C. The parties agree that obtaining a list or lists and selecting an arbitrator shall be done as expeditiously as possible so as not to delay the arbitration process. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to ensure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. E. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this Agreement in arriving at a decision concerning the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. F. The decision of the arbitrator made within the scope of his authority as outlined in Paragraph E. above shall be final and binding upon the parties but neither party waives its rights to appeal the decision to the appropriate court of law. G. The arbitrator’s fees and expenses shall be borne by the losing party. In the event the arbitrator does not fully uphold the position of either party, the arbitrator’s fees and expenses shall be split equally by the parties to the arbitration. In the event a scheduled hearing is rescheduled or cancelled, or an appeal is withdrawn, and fees are due to the arbitrator, the party responsible for the rescheduling, cancellation, or withdrawal shall likewise be responsible to pay the costs. If both parties mutually make the decision to reschedule or cancel the hearing, the fees due the arbitrator shall be split equally by the parties. H. Any expenses incurred by a party in preparation for or as a result of the arbitration shall be borne by that party, except as provided above as relates to obtaining a list of arbitrator names. These expenses include but are not limited to attendance of participants and witnesses, fees for transcription of the hearing, and legal fees. No expenses shall be reimbursed by one party to the other regardless of the decision of the arbitrator. I. The arbitrator shall be requested to render his decision within thirty (30) calendar days after the hearing is completed or thirty (30) calendar days after receipt of post-post- hearing briefs. J. In the case of a grievance involving any continuing or other money claim against the Sheriff, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty (30) calendar days prior to the date when such grievance shall have been submitted in writing to the Sheriff.

STEP 2 Arbitration. If a grievance is not resolved at Step 1, the employee or the PBA if applicable may within ten (10) work days after notification of the Sheriff’s or his designee’s response submit a request for arbitration to the Labor Relations Human Resources Director. Notification to the employee or PBA shall be deemed to be effective upon hand delivery or upon mailing to the employee’s last known address, or mailing to the PBA if applicable. A. The parties may mutually select an arbitrator. If the parties are unable to do so within five (5) work days after filing of the arbitration appeal, a list of seven (7) qualified arbitrators from the southeast region shall be requested from the Federal Mediation and Conciliation Service (FMCS) and the list shall be paid for by the party initiating the arbitration. Within ten (10) work days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. The party initiating the arbitration shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above-described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Sheriff’s Office, which will pay for that particular list. B. If the grievant is not represented by the PBA and the FMCS will not supply a list, a list of arbitrators from the southeast region shall be requested from the American Arbitration Association (AAA) with the party initiating the arbitration paying whatever fees may be charged. Once the list has been obtained, the procedures detailed above shall be used for selecting the arbitrator. C. The parties agree that obtaining a list or lists and selecting an arbitrator shall be done as expeditiously as possible so as not to delay the arbitration process. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to ensure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. E. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this Agreement in arriving at a decision concerning the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. F. The decision of the arbitrator made within the scope of his authority as outlined in Paragraph E. above shall be final and binding upon the parties but neither party waives its rights to appeal the decision to the appropriate court of law. G. The arbitrator’s fees and expenses shall be borne by the losing party. In the event the arbitrator does not fully uphold the position of either party, the arbitrator’s fees and expenses shall be split equally by the parties to the arbitration. In the event a scheduled hearing is rescheduled or cancelled, or an appeal is withdrawn, and fees are due to the arbitrator, the party responsible for the rescheduling, cancellation, or withdrawal shall likewise be responsible to pay the costs. If both parties mutually make the decision to reschedule or cancel the hearing, the fees due the arbitrator shall be split equally by the parties. H. Any expenses incurred by a party in preparation for or as a result of the arbitration shall be borne by that party, except as provided above as relates to obtaining a list of arbitrator names. These expenses include but are not limited to attendance of participants and witnesses, fees for transcription of the hearing, and legal fees. No expenses shall be reimbursed by one party to the other regardless of the decision of the arbitrator. I. The arbitrator shall be requested to render his decision within thirty (30) calendar days after the hearing is completed or thirty (30) calendar days after receipt of post-post- hearing briefs. J. In the case of a grievance involving any continuing or other money claim against the Sheriff, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty (30) calendar days prior to the date when such grievance shall have been submitted in writing to the Sheriff.

STEP 2 Arbitration. If a grievance is not resolved at Step 1, the employee or the PBA if applicable may within ten (10) work days after notification of the Sheriff’s or his designee’s response submit a request for arbitration to the Labor Relations Human Resources Director. Notification to the employee or PBA shall be deemed to be effective upon hand delivery or upon mailing to the employee’s last known address, or mailing to the PBA if applicable. A. The parties may mutually select an arbitrator. If the parties are unable to do so within five (5) work days after filing of the arbitration appeal, a list of seven (7) qualified arbitrators from the southeast region shall be requested from the Federal Mediation and Conciliation Service (FMCS) and the list shall be paid for by the party initiating the arbitration. Within ten (10) work days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. The party initiating the arbitration shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above-described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Sheriff’s Office, which will pay for that particular list. B. If the grievant is not represented by the PBA and the FMCS will not supply a list, a list of arbitrators from the southeast region shall be requested from the American Arbitration Association (AAA) with the party initiating the arbitration paying whatever fees may be charged. Once the list has been obtained, the procedures detailed above shall be used for selecting the arbitrator. C. The parties agree that obtaining a list or lists and selecting an arbitrator shall be done as expeditiously as possible so as not to delay the arbitration process. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to ensure an orderly hearing, the rules of judicial procedure should be followed as closely as possible. E. The arbitrator shall not have the power to add to, subtract from, modify or alter the terms of this Agreement in arriving at a decision concerning the issue or issues presented, and shall confine his decision solely to the interpretation or application of the Agreement. The arbitrator shall not have authority to determine any other issues not submitted to him. F. The decision of the arbitrator made within the scope of his authority as outlined in Paragraph E. above shall be final and binding upon the parties but neither party waives its rights to appeal the decision to the appropriate court of law. G. The arbitrator’s fees and expenses shall be borne by the losing party. In the event the arbitrator does not fully uphold the position of either party, the arbitrator’s fees and expenses shall be split equally by the parties to the arbitration. . H. In the event a scheduled hearing is rescheduled or cancelled, or an appeal is withdrawn, and fees are due to the arbitrator, the party responsible for the rescheduling, cancellation, or withdrawal shall likewise be responsible to pay the costs. If both parties mutually make the decision to reschedule or cancel the hearing, the fees due the arbitrator shall be split equally by the parties. H. I. Any expenses incurred by a party in preparation for or as a result of the arbitration shall be borne by that party, except as provided above as relates to obtaining a list of arbitrator names. These expenses include but are not limited to attendance of participants and witnesses, fees for transcription of the hearing, and legal fees. No expenses shall be reimbursed by one party to the other regardless of the decision of the arbitrator. I. X. The arbitrator shall be requested to render his decision within thirty (30) calendar days after the hearing is completed or thirty (30) calendar days after receipt of post-post- hearing briefs. J. K. In the case of a grievance involving any continuing or other money claim against the Sheriff, no award shall be made by the arbitrator which shall allow any alleged accruals for more than thirty (30) calendar days prior to the date when such grievance shall have been submitted in writing to the Sheriff.