Common use of Step 4 - Arbitration Clause in Contracts

Step 4 - Arbitration. a) After having exhausted the Grievance Procedure in Steps 1, 2 and 3 above, the grievor may, within ten (10) school days following receipt of the reply in Step 3 above, notify the other party in writing of its intention to submit the matter to arbitration. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who shall be the chairman. d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ministry of Labour upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. g) The decision of a majority is the decision of the arbitration Board, but if there is no majority, the decision of the chairman governs. h) The arbitrator or arbitration Board, as the case may be, shall not by his or its decision add to, delete from, modify or otherwise amend the provisions of this Agreement. i) Each of the parties shall bear the fees and expense of its appointee to the arbitration Board and shall share equally the fees and expenses of the chairman. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure in Steps 1, 2 and 3 abovegrievance is not settled on the basis of the foregoing procedures, the grievor may, Union must submit the issue in writing to arbitration within ten (10) school calendar days following receipt after the decision of the reply Administrator in Step 3 above3. After notification that the dispute is submitted for arbitration, notify the other party in writing Employer and the Union may attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Washington metropolitan list of its intention to submit the matter to arbitration. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who arbitrators shall be requested from the chairman. d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ministry of Labour upon the request of either party. e) Federal Mediation and Conciliation Service. Each party may be represented at reject the panel once, and request a new list from FMCS. Whichever party requests a new list bears the expense of that list. If the chosen Arbitrator is not available to schedule the arbitration by a representative of its choice. f) within 45 days or as mutually agreed upon the parties will choose again in the same manner from the list. The single arbitrator or the arbitration Board, as the case may be, Arbitrator’s decision shall hear and determine the difference or the allegation and shall issue a decision, and the decision is be final and binding upon on all parties, subject to the parties following terms and upon any employee or employer affected by it. g) conditions. The decision of a majority is the decision of the arbitration Board, but if there is Arbitrator shall have no majority, the decision of the chairman governs. h) The arbitrator or arbitration Board, as the case may be, shall not by his or its decision authority to add to, delete subtract from, modify or otherwise amend change or modify the provisions of this Agreement. i) Each , but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the parties issue in dispute. If the Arbitrator finds the Employer was not limited by this Agreement from taking the action grieved, she/he shall have no authority to limit the Employer’s action and shall not substitute her/his judgment for the Employer’s so long as that judgment was reasonably exercised. Any dismissal by the Arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (1/2) of the fees fee of the Arbitrator and expense of its appointee any other expenses jointly incurred by mutual consent incident to the arbitration Board hearing. All other expenses shall be borne by the party incurring them, and neither party shall share equally be responsible for the fees and expenses of witnesses called by the chairmanother party or the other party’s attorneys’ fees. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure in Steps 1, 2 and 3 abovegrievance is not settled on the basis of the foregoing procedures, the grievor may, Association may submit the issue in writing to final and binding arbitration within ten fifteen (1015) school calendar days following receipt the date of the reply in Step 3 above, notify the other party in writing of its intention to submit the matter to arbitrationHospital Administrator’s or designee’s response. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within Within seven (7) school dayscalendar days of the notification that the dispute is submitted for arbitration, inform the other party either that it accepts Association shall request the other party’s appointee as Federal Mediation and Conciliation Service to supply a single arbitrator or inform list of eleven (11) arbitrators and the other party of parties shall alternatingly strike names from such list until the name of its appointee to the arbitration Board. cone (1) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person arbitrator remains who shall be the chairman. d) If arbitrator. The party to strike the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment first name shall be made determined by the Ministry of Labour upon the request of either party. e) Each party may coin toss. The arbitrator’s decision shall be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. g) The decision binding, subject to limits of a majority is the decision of the arbitration Board, but if there is no majority, the decision of the chairman governs. h) authority stated herein. The arbitrator shall have no authority or arbitration Board, as the case may be, shall not by his or its decision power to add to, delete from, modify disregard, or otherwise amend alter any of the provisions of this Agreement. i) Each , but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the parties 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 fees fee of the arbitrator and any other expense of its appointee jointly incurred by mutual agreement incident to the arbitration Board hearing. All other expenses shall be borne by the party incurring them, and neither party shall share equally be responsible for the fees and expenses of witnesses called by the chairmanother party. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure in Steps 1, 2 and 3 abovegrievance is not settled on the basis of the foregoing procedures, the grievor may, union may submit the issue in writing to final and binding arbitration within ten (10) school calendar days following receipt the date of the reply in Step 3 above, notify the other party in writing of its intention to submit the matter to arbitrationEmployer's Chief Executive Officer's or designee's response. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within Within seven (7) school dayscalendar days of the notification that the dispute is submitted for arbitration, inform the other party either that it accepts Union shall request the other party’s appointee as Federal Mediation and Conciliation Service to supply a single arbitrator or inform list of eleven (11) arbitrators from the other party of Washington-Oregon area and the parties shall alternatingly strike names from such list until the name of its appointee to the arbitration Board. cone (1) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person arbitrator remains who shall be the chairman. d) If arbitrator. The party to strike the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment first name shall be made determined by the Ministry of Labour upon the request of either party. e) Each party may coin toss. The arbitrator's decision shall be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee binding, subject to limits of authority or employer affected by it. g) The decision of a majority is the decision of the arbitration Board, but if there is no majority, the decision of the chairman governs. h) The arbitrator or arbitration Board, as the case may be, shall not by his or its decision power to add to, delete from, modify disregard, or otherwise amend alter any of the provisions of this Agreement. i) Each , but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the parties 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, that 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 fees fee of the arbitrator and any other expense of its appointee jointly incurred by mutual agreement incident to the arbitration Board hearing. All other expenses, including attorneys' fees, shall be borne by the party incurring them, and neither party shall share equally the fees and be responsible for the-expenses of witnesses called by the chairmanother party. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure in Steps 1, 2 and 3 abovegrievance is not settled on the basis of the foregoing procedures, the grievor may, Association may submit the issue in writing to final and binding arbitration within ten (10) school calendar days following receipt of the reply in Step 3 aboveHospital Administrator’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, notify the other party in writing Association shall request the Federal Mediation and Conciliation Service to supply a list of its intention to submit eleven (11) arbitrators and the matter to arbitration. The notice parties shall contain alternatingly strike names from such list until the name of the first party’s appointee to an arbitration Board. bone (1) The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person remains who shall be the chairman. d) If arbitrator. The party to strike the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment first name shall be made determined by the Ministry of Labour upon the request of either party. e) Each party may coin toss. The arbitrator’s decision shall be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. g) The decision binding, subject to limits of a majority is the decision of the arbitration Board, but if there is no majority, the decision of the chairman governs. h) authority stated herein. The arbitrator shall have no authority or arbitration Board, as the case may be, shall not by his or its decision power to add to, delete from, modify disregard, or otherwise amend alter any of the provisions of this Agreement. i) Each , but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the parties 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 fees fee of the arbitrator and any other expense of its appointee jointly incurred by mutual agreement incident to the arbitration Board hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall share equally be responsible for the fees and expenses of witnesses called by the chairmanother party. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure 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, 2 2, 3 and 3 above4 herein, the grievor may, Union may submit the issue in writing to arbitration within ten fourteen (1014) school calendar days following the receipt of the written reply in Step 3 abovefrom the Chief Executive or designee. After notification that the dispute is submitted for arbitration, notify the other party in writing 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 its intention to submit eleven (11) arbitrators from the matter to arbitrationFederal Mediation and Conciliation Service. The notice parties shall contain thereupon alternate in striking a name from the panel until one (1) name of the first party’s appointee to an arbitration Board. b) remains. The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the person whose name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who remains shall be the chairmanarbitrator. d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment 15.5.1 The Arbitrator's decision shall be made by the Ministry of Labour upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon on all parties, subject to the parties following terms and upon any employee or employer affected by it. g) conditions. The decision of a majority is the decision of the arbitration Board, but if there is Arbitrator shall have no majority, the decision of the chairman governs. h) The arbitrator or arbitration Board, as the case may be, shall not by his or its decision authority to add to, delete subtract from, modify or otherwise amend change or modify the 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. If the Arbitrator finds that the Employer was not limited by this Agreement from taking the action grieved, the Arbitrator shall have no authority to limit the Employer's action and shall not substitute his or her judgment for the Employer's so long as that judgment is based upon established criteria and exercised in good faith. Any dismissal by the Arbitrator, whether on the merits or procedural grounds, shall bar any further arbitration. i15.5.2 Each party shall bear one-half (1/2) Each of the fee of the Arbitrator and any other expense jointly incurred by mutual consent incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. 15.5.3 Except where specifically provided elsewhere in this Agreement, neither party shall be 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 pending grievance or to pending negotiations for a renewal collective bargaining agreement; provided that appropriate notice has been given as required by Article 18, below. If necessary, the Arbitrator shall resolve discovery rights of the parties shall bear the fees and expense of its appointee as to the arbitration Board and shall share equally the fees and expenses of the chairmangrievances submitted to arbitration. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted If the Grievance Procedure in Steps 1, 2 and 3 abovegrievance is not settled on the basis of the foregoing procedures, the grievor may, within ten (10) school days following receipt of Union may submit the reply in Step 3 above, notify the other party issue in writing of its intention to submit the matter to arbitration. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who shall be the chairman. d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ministry of Labour upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon arbitration with the parties and upon any employee American Arbitration Association within thirty (30) calendar days following the date of the Chief Executive Officer’s or employer affected by itdesignee’s response. An arbitrator will be selected following the procedures of the American Arbitration Association. g) 10.5.1 The arbitrator’s decision shall be final and binding, subject to limits of a majority is the decision of the arbitration Board, but if there is no majority, the decision of the chairman governs. h) authority stated herein. The arbitrator shall have no authority or arbitration Board, as the case may be, shall not by his or its decision power to add to, delete from, modify disregard, or otherwise amend 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. The arbitrator shall issue his or her written decision within sixty (60) calendar days from the date of the close of the hearing, provided that failure to meet this deadline shall not impact the validity of the arbitrator’s decision. 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. i10.5.2 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 (1/2) Each of the parties shall bear fee of the fees arbitrator, and any other expense of its appointee jointly incurred by mutual agreement incident to the arbitration Board hearing, All other expenses shall be borne by the party incurring them, and neither party shall share equally be responsible for the other party’s attorney’s fees and incurred or for the expenses of witnesses called by the chairmanother party. j) Unless mutually agreed otherwise by both parties, the place of an arbitration hearing shall be at a location within the jurisdiction of the school Board.

Step 4 - Arbitration. a) After having exhausted the Grievance Procedure in Steps 1, 2 and 3 above, the grievor may, within ten (10) school days following receipt of the reply in Step 3 above, notify the other party in writing of its intention to submit the matter to arbitration. The notice shall contain the name of the first party’s appointee to an arbitration Board. b) The recipient of the notice shall, within seven (7) school days, inform the other party either that it accepts the other party’s appointee as a single arbitrator or inform the other party of the name of its appointee to the arbitration Board. c) Where two appointees are so selected, they shall, within seven (7) school days of the appointment of the second of them, appoint a third person who shall be the chairman. d) If the recipient of the notice fails to appoint an arbitrator or the two appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ministry of Labour upon the request of either party. e) Each party may be represented at the arbitration by a representative of its choice. f) The single arbitrator or the arbitration Board, as the case may be, shall hear and determine the difference or the allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. g) The decision of a majority is the decision of the arbitration Board, but if there Board of Education Personnel Committee is no majoritynot satisfactory to the Association, the grievance may be submitted to arbitration by written notice given by the Association to the Committee within fifteen (15) days after receipt of the Committee’s decision. If the Committee and the Association cannot agree upon an arbitrator within five (5) days after written notice, the matter will be submitted to the American Arbitration Association for settlement under their rules. The power of the arbitrator shall be limited to the interpretation of application of the express terms of this agreement and he/she shall have no power to alter, add to, or subtract from, the terms of this Agreement as written. The decision of the chairman governs.arbitrator shall be final and binding on all parties involved. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. Powers of the arbitrator are subject to the following limitations: h) The arbitrator or arbitration Board, as the case may be, a. He shall not by his or its decision have no power to add to, delete subtract from, disregard, alter or modify or otherwise amend any of the provisions terms of this Agreement. i) Each b. He shall have no power to decide any question which under this Agreement is within the authority of the parties Board to decide. c. He shall bear have no power to decide any question which under this Agreement is within the fees and expense responsibility of its appointee the management to decide. In rendering decisions, an arbitrator shall give due regard to the arbitration Board responsibility of management and shall share equally so construe the fees and expenses Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. d. He shall have no power to interpret state or federal law. e. He shall not hear any grievance previously barred from the scope of the chairmangrievance procedure. j) Unless mutually agreed otherwise by both partiesf. If the Board disputes the arbitrability of any grievance under the terms of this Agreement, the place of an arbitration hearing arbitrator shall first determine whether he has jurisdiction to act, and if he finds that he has no such power the grievance shall be referred back to the parties without decision or recommendation on its merits. g. More than one grievance may not be considered by the arbitrator at a location within the jurisdiction same time except upon expressed written mutual consent and then only if they are of similar nature. h. Where no wage loss has been caused by the action of the school Board, the Board shall be under no obligation to make monetary adjustments and the arbitrator shall have no power to order one. i. Arbitration awards or grievance settlements will not be made retroactive beyond the date of the occurrence or non-occurrence of the event upon which the grievance is based. In no event, however, shall the settlement be earlier than thirty (30) days prior to the date on which the grievance is filed.