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.
Step 4—Binding Arbitration. If the grievance is not satisfactorily resolved at Step 3 of the formal process (above), then not later than fourteen (14) calendar days after the mediation meeting, arbitration may be requested in writing to the Human Resources Manager. 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.
Step 4—Binding Arbitration. If the Association, representing the grievant, is not satisfied with the Step 3 decision, or if the time limits at Step 3 expire without the issuance of the Board's written decision, and provided the grievance derives directly from an application or interpretation of a specific provision of this contract, then the Association representing the grievant may submit the grievance to final and binding arbitration, under the Voluntary Labor Arbitration Rules. If a request for arbitration is not filed within ten (10) calendar days of the date required for the Board's reply at Step 3, then the grievance will be deemed to be withdrawn. The person of an arbitrator shall be selected by mutual agreement between the Board or its designated representative and the Association or its designated representative, unless the Association indicates in writing a desire to be disassociated from the appeal. If the Association so indicates, agreement upon the person of an arbitrator shall be between the Board and the grievant. Should the parties be unable to agree upon an arbitrator within ten (10) days from the request for arbitration, then an arbitrator shall be requested by the Association within ten (10) days from the American Arbitration Association under the Voluntary Labor Arbitration Rules. If not so requested, the grievance shall be deemed to be withdrawn. The arbitrator shall have no power to alter the terms of this Agreement. However, the arbitrator is empowered to include in any award financial reimbursements or other remedies as he/she judges to be proper, excluding punitive damages. Each party shall bear the full costs of its representation in arbitration. The cost of the arbitrator and the American Arbitration Association fees will be divided equally between the parties. Should either party request a transcript of the proceedings, that party shall bear the full cost of such transcript. If both parties desire transcripts, then the cost of the two (2) transcripts will be divided equally between both parties.
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.
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.
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.
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.
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.
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.
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.
