Common use of Step 3 - Arbitration Clause in Contracts

Step 3 - Arbitration. If the Union is not satisfied with the Step 2 response, the Union may submit a notice to the District to proceed with the grievance to arbitration within twenty-one (21) calendar days of the Step 2 decision. The Arbitrator shall be selected in the following manner: The parties shall submit a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohio. The parties shall alternately strike the names of the Arbitrators until only one (1) name remains. Either party may reject the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that shall be final and binding on both parties. The Arbitrator shall not have the authority or power to add to, subtract from, disregard, alter, or modify any of the express terms or provisions of this Agreement. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The requesting party shall be responsible for paying court reporter fees; however, such fees shall be split equally if both parties desire a reporter or request a copy of the transcript.

Step 3 - Arbitration. If the Union grievance is not satisfied settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the Step specific time limitations specified in Steps 1 and 2 responseherein, the Union may submit a notice to the District to proceed with the grievance issue in writing to arbitration within twenty-one fourteen (2114) calendar days following the receipt of the Step 2 decisionwritten reply from the Director of Employee Relations and Employment or designee. The Arbitrator After notification that the dispute is submitted for arbitration, the Employer and the Union shall be selected in attempt to agree on an arbitrator. If the following manner: The parties Employer and the Union fail to agree on an arbitrator, the Union shall submit promptly request a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohiothe Federal Mediation and Conciliation Service. The parties shall alternately strike thereupon alternate in striking a name from the names of the Arbitrators panel until only one (1) name remains. Either party may reject The person whose name remains shall be the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. arbitrator. 13.4.1 The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that 's decision shall be final and binding on both all parties, subject to the following terms and conditions. The Arbitrator shall not have the no authority or power to add to, subtract from, disregard, alter, or otherwise change or modify any of the express terms or provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator limit the Employer's action and shall not change wage rates already in effect pursuant to this Agreementsubstitute his or her judgment for the Employer's so long as that judgment was reasonably exercised. Except to the extent modified Any dismissal by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. 13.4.2 Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the Arbitrator’s housing and lodging, if any, arbitration hearing. All other expenses shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, borne by the party calling that witness. The requesting incurring them, and neither party shall be responsible for paying court reporter fees; howeverthe expenses of witnesses called by the other party. 13.4.3 Except where specifically provided elsewhere in this Agreement, such fees neither party shall be split equally if both parties desire required during the term of this Agreement to provide the other party with any data, documents or information in its possession or under its control for any purpose except insofar as it may be relevant to a reporter pending grievance or request to pending negotiations for a copy renewal collective bargaining agreement; provided that appropriate notice has been given as required by Section 16.4 below. If necessary, the Arbitrator shall resolve discovery rights of the transcriptparties as to grievances submitted to arbitration.

Step 3 - Arbitration. If the Union is not satisfied with the Step 2 response, the Union may submit a notice to the District to proceed with the grievance to arbitration within twenty-one fourteen (2114) calendar days of the Step 2 decision. The Arbitrator shall be selected in the following manner: The parties party that wishes to move the grievance forward shall submit a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohio. The That party shall also be responsible for any filing costs. Once a list is received, both parties shall alternately strike the names of the Arbitrators until only one (1) name remains. Either party may reject the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that shall be final and binding on both parties. The Arbitrator shall not have the authority or power to add to, subtract from, disregard, alter, or modify any of the express terms or provisions of this Agreement. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The requesting party shall be responsible for paying court reporter fees; however, such fees shall be split equally if both parties desire a reporter or request a copy of the transcript.