Common use of Step 4—Binding Arbitration Clause in Contracts

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.

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 not later than fourteen (14) calendar days after the completion of mediation meeting, arbitration may be requested in writing to the mediation or the date on which a request for mediation is declinedHuman 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. (i) 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.

Step 4—Binding Arbitration. If the grievance Association, representing the grievant, is not satisfactorily resolved at satisfied with the Step 3 of the formal process (above)decision, or if the parties decline to participate in time limits at Step 3 aboveexpire 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 Union Association representing the grievant may request that submit the grievance to final and binding arbitration, under the Voluntary Labor Arbitration Rules. If 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 is not filed within ten (1410) calendar days after the completion of the mediation or date required for the date on which a request for mediation is declinedBoard's reply at Step 3, then the grievance will be deemed to be withdrawn. An The person of an arbitrator shall be selected by mutual agreement between the partiesBoard 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 fail be unable to agree upon an arbitrator within a reasonable periodten (10) days from the request for arbitration, they then an arbitrator shall jointly request a list of seven be requested by the Association within ten (710) qualified arbitrators days from the American Arbitration AssociationAssociation under the Voluntary Labor Arbitration Rules. If not so requested, the grievance shall be deemed to be withdrawn. The parties arbitrator shall each alternately strike names until one (1) name remains. The party that strikes have no power to alter 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 terms of this MOU, any rule, regulation, policy, manual, practice, or procedure of the DistrictAgreement. However, the arbitrator shall only interpret the MOUis empowered to include in any award financial reimbursements or other remedies as he/she judges to be proper, 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 arbitrationexcluding punitive damages. Each party shall bear their own attorney’s/representative’s and consultant’s fees, and the full costs incurred. (iii) Both the grievant and their designated Union representative shall be given time off without loss of pay or benefits to participate its representation 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 MOUarbitration. The number of witnesses requested shall be reasonable. The scheduling of witnesses shall be coordinated in advance cost of the hearing, whenever possible. (iv) Grievance arbitration hearings arbitrator and the American Arbitration Association fees will not be open to the public. (v) Arbitration is only available to resolve disputes divided equally between the Union and parties. Should either party request a transcript of the Districtproceedings, that party shall bear the full cost of such transcript. The District has no obligation to participate in arbitration involving a grievance brought solely by an individual employee and not If both parties desire transcripts, then the Unioncost of the two (2) transcripts will be divided equally between both parties.

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 not later than fourteen (14) calendar days after the completion of mediation meeting, arbitration may be requested in writing to the mediation or the date on which a request for mediation is declinedHuman 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. (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.