Step 4—Binding Arbitration Sample Clauses

Step 4—Binding Arbitration. If the grievance is not satisfactorily resolved at Step 3 of the formal process (above), or if the parties decline to participate in Step 3 above, then the Union may request that a grievance be submitted to arbitration. A request for arbitration must be requested in writing to the Human Resources Manager. A request for arbitration must be presented no later than fourteen (14) calendar days after the completion of the mediation or the date on which a request for mediation is declined. An arbitrator shall be selected by mutual agreement between the parties. Should the parties fail to agree upon an arbitrator within a reasonable period, they shall jointly request a list of seven (7) qualified arbitrators from the American Arbitration Association. The parties shall each alternately strike names until one (1) name remains. The party that strikes the first name from the list of arbitrators shall be determined by a toss of a coin. (i) In the arbitration of any dispute involving the application or interpretation of this MOU, any rule, regulation, policy, manual, practice, or procedure of the District, the arbitrator shall only interpret the MOU, rule, regulation, policy, manual, practice, or procedure and shall not add to, delete from or modify their terms. (ii) The arbitrator’s decision shall be in writing and shall be final and binding on the District, the grievant, and the grievant’s representative/ Union. All fees and costs of the arbitrator, including the cost of a court reporter, if the arbitrator desires one, shall be shared equally between the parties to the arbitration. Each party shall bear their own attorney’s/representative’s and consultant’s fees, and costs incurred. (iii) Both the grievant and their designated Union representative shall be given time off without loss of pay or benefits to participate in an arbitration hearing. Witnesses called to provide testimony at arbitration shall not suffer loss of pay or benefits for time spent at a hearing held pursuant to this MOU. The number of witnesses requested shall be reasonable. The scheduling of witnesses shall be coordinated in advance of the hearing, whenever possible. (iv) Grievance arbitration hearings will not be open to the public. (v) Arbitration is only available to resolve disputes between the Union and the District. The District has no obligation to participate in arbitration involving a grievance brought solely by an individual employee and not the Union.
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Step 4—Binding Arbitration. If the grievant is not satisfied with the disposition of the grievance at Step 3, or if 19 no decision has been rendered within five (5) work-days after the meeting with 20 the Board, the grievant may request the Association move the grievance to 21 arbitration if the grievance involves the interpretation, meaning or application of 22 any of the provisions of the Agreement. Such request will be made within five (5) 23 work-days after receipt of the Board of Directors’ decision. The Association shall 24 give written notice to the Board of its desire to submit the grievance to binding 25 arbitration. Such notice must be made within twenty (20) work-days of the 27 such question will first be ruled upon by the arbitrator selected to hear the dispute. 28
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Step 4—Binding Arbitration. If the grievant is not satisfied with the decision at STEP 3, or if no disposition has been made within 6 months after receiving such notice, the grievant may submit a Demand for Arbitration to the American Arbitration Association (AAA) or to the Federal Mediation & Conciliation Service (FMCS), along with a copy to the Superintendent The Voluntary Arbitration Rules of AAA shall control the arbitration, provided that the Parties shall strike names from the panel selected by AAA within ten days of receipt of such panel. Neither the District nor the grievant shall be permitted to assert in such arbitration any ground not previously disclosed to the other party. Both parties agree that the award of the arbitrator shall be final and binding.
Sample 1Sample 2
Step 4—Binding Arbitration. If the Union is not satisfied with the disposition of the grievance by the President or designee or if no disposition has been made within the period provided, the AIU may submit the grievance to final and binding arbitration before an impartial arbitrator. 1. The Union shall notify the President of its intention to pursue arbitration in writing within fifteen (15) days of receipt of the President’s response or within fifteen (15) days of the expiration of the time periods specified in Step 3. 2. The parties may mutually agree upon an arbitrator. If the parties cannot agree on an arbitrator within fifteen (15) days after notification of intent to seek arbitration, the parties shall request a list of arbitrators from the American Arbitration Association, all of whom shall have been admitted to the National Academy of Arbitrators. The Union and Board, independent of one another, will strike unacceptable names from the list. Names remaining are ranked in order of preference with “1” used for most favored name. The American Arbitration Association, after receiving both lists, will assign the arbitrator with the lowest composite ranking. If no name was preferenced by both parties, the same procedure will be repeated until agreement is achieved. 3. If the Union does not file a demand for arbitration within twenty (20) days after the date of the response from Step 3, then the grievance shall be considered waived by the Union. 4. The arbitrator, in rendering his/her decision, shall not amend, modify, nullify, ignore, or add to or subtract from any of the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her in writing by the Board and the Union and shall have no authority to make a recommendation on any other issue not so submitted to him/her. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws and rules and regulations having the force and effect of law. The arbitrator shall submit in writing his/her recommendation within thirty
Sample 1Sample 2
Step 4—Binding Arbitration a. The Union may request in writing to advance an unresolved grievance to binging arbitration within ten (10) days after issuance of the Step 2 written decision, or within ten (10) days after the time limits expire without issuance of the Superintendent’s written decision at Step 2. b. In the event the Union and District have not mutually agreed to proceed to mediation, then the Union may request in writing, to the superintendent, to advance the unresolved grievance to binding arbitration within ten (10) days after issuance of the Step 2 written decision, or within ten (10) days after the time limits expire without issuance of the Superintendent’s written decision at Step 2. c. In the event the Union and the District have not resolved the grievance in mediation within ten (10) days from the first meeting held by the mediator, then the Union may terminate Step 3 (mediation) and the grievance may proceed to Step 4 within the same ten (10) day period. d. The parties shall attempt to mutually agree on an arbitrator within twenty (20) days receipt by the District of the Union’s request for Arbitration. In the absence of such agreement, the parties shall request a list of arbitrators from the California State Mediation and Conciliation Service (CSMCS). e. No party in interest (aggrieved unit member(s), Union or District) shall be permitted to assert any grounds or evidence before the arbitrator that was not previously disclosed to the other party. The arbitrator shall consider only those issues which have been carried through prior steps as required by the provisions of this procedure. f. The arbitrator shall not render any award which conflicts with or alters this Agreement. It is understood, however, that the arbitrator shall interpret the Agreement in accordance with the accepted rules of contract construction. g. Each party shall bear the full cost for its representation in the arbitration. The cost of arbitration shall be divided equally between the District and the Union. h. If any party requests a transcript of the proceedings, that party shall bear the full cost for that transcript. If the parties request one (1) transcript, the total cost of the transcript shall be divided equally between the employer and the aggrieved. i. Absent mutual agreement (see above) an arbitrator shall be selected by the following procedures. A representative of the Union and the District’s representative shall select the arbitrator from the CSMCS list by eliminating names unti...
Sample 1
Step 4—Binding Arbitration. 20.5.1 If a grievance is not resolved in Step 1, 2, or 3, the Association may request, in writing, a hearing before an arbitrator. The request shall be filed in the office of the Superintendent within ten (10) working days after receipt of the written decision of the Superintendent at Step 3. 20.5.2 In case agreement is not reached regarding selection of an arbitrator, the State of California Mediation Conciliations Service will be requested to supply a list of arbitrators. The District and the Association shall strike names from the list until an arbitrator is selected. 20.5.3 The District and the Association will share equally the payment for the services and expenses of the arbitrator.
Sample 1
Step 4—Binding Arbitration. 1. If the grievant is not satisfied with the disposition of his/her grievance at Step 3, the Association may request in writing within five (5) days, that his/her grievance be submitted to binding arbitration. If this notice is not submitted to the superintendent within the five-day limit the grievance shall be deemed withdrawn. If any question arises as to the arbitrability of the grievance, such question will first be ruled upon by the arbitrator selected to hear the grievance. 2. If the superintendent and the grievant are unable to agree upon an arbitrator or to obtain a commitment to serve within a ten (10) day period, a request for a list of arbitrators may be made by either party to the American Arbitration Association to provide a list from which to select an arbitrator. 3. The parties agree to use the expedited rules of the American Arbitration Association as modified by the terms of this procedure. 4. The arbitrator shall be chosen by the superintendent and grievant by alternately striking one (1) name at a time from the list. The first to strike a name shall be determined by lot. The arbitrator whose name remains on the list shall serve for that grievance. 5. Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the other party in connection with the grievance at Step 2 and Step 3. 6. The arbitrator selected will confer with the representatives of the superintendent, the grievant/or his/her representative. He/She shall hold any hearings promptly and will issue his/her decision not later than twenty (20) days from the date of the close of any hearing. The arbitrator’s decision will be in writing and set forth his/her findings of fact, reasoning and conclusions, on the issues submitted, and shall make a written report of his/her findings of fact and decision, including the basis in law, if any, for such decisions to the District, the Association, and the grievant twenty (20) days after the final hearing is concluded. 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 this Agreement. The decision of the arbitrator will be submitted to the Board and the grievant and/or her representative and will be final and binding upon the parties. 7. The costs for the services of the arbitrator, including per diem expenses, if any, and his/her travel and subsistence expenses, and the cost o...
Sample 1
Step 4—Binding Arbitration. If the aggrieved party is not satisfied with the disposition of the grievance in Step 3, then the aggrieved party may present the grievance to binding arbitration within five (5) school days after receipt of the Mediator’s response. The arbitrator will be selected in compliance with the American Arbitration Association (AAA) Rules of Expedited Labor Arbitration. The Expedited Labor Arbitration format will be used at this level. The Arbitrator will consider the grievance and render a decision that will be final and binding upon the parties.
Sample 1
Step 4—Binding Arbitration. The Union and the City will jointly request from the American Arbitration Association a list of seven (7) arbitrators and upon receipt of this list, the parties will toss a coin to see who strikes the first name and then each shall alternately strike a name, to arrive at an arbitrator who will hear the grievance. However, the parties may mutually agree to an arbitrator without using the above arbitration service. The parties agree that the grievance shall be heard, before the arbitrator selected, at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties. However, the arbitrator shall not have the ability to alter or amend any portion of the labor Agreement. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presentation of the case for each respective party shall be the responsibility of that party and shall not be shared as part of the arbitrator's expenses. The arbitrator shall issue a written decision to the parties within thirty (30) days of the close of the hearing.
Sample 1

Related to Step 4—Binding Arbitration

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

  • 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.

  • Step Four - Arbitration 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township. 2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter. 3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits. 6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.

  • Mediation/Arbitration (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.