Step Five – Arbitration. 1. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the Step Four reply.
2. Upon receipt of a request for arbitration, the Township and the Lodge shall, jointly agree to an Arbitrator or request a list of seven (7) impartial labor Arbitrators from the Federal Mediation and Conciliation Service (FMCS) who have a business or residential address in Ohio and who are members of the National Academy of Arbitrators. Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The first strike shall be by coin-toss and the parties shall then 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. If the Lodge and Township have not jointly agreed to an arbitrator or neither party has made a request to the FMCS for a list of seven (7) arbitrators within 60 days of the Lodge’s written notice to arbitrate the grievance, the grievance shall be considered resolved and the issue will no longer be subject to the arbitration process. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The Arbitrator shall hold the 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 or of suspension 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 first prese...
Step Five – Arbitration. (1) If the grievant is not satisfied with the disposition of the grievance at Step 4, the Union may submit the grievance to advisory arbitration. The Union, and only the Union may elect to submit the grievance to advisory arbitration and shall notify the City in writing within 15 working days after receipt of the Step 4 decision.
(2) In the event the parties are unable mutually to agree upon an arbitrator, they shall request that the panel of seven (7) names be submitted to both parties by the California State Conciliation Service. Upon receipt of the list of names, the parties shall alternately delete names from the list until only one remains, and said last name shall be selected as the arbitrator.
(3) The arbitrator’s recommendation shall be advisory only, subject to the provisions below, and shall be in writing and shall set forth the arbitrator’s finding of fact, reasoning, conclusions and recommended remedy, if any. The arbitrator’s authority shall be limited to deciding the issues submitted by the parties; and the arbitrator shall have no power or authority to add to, subtract from, alter, delete, amend or modify the terms of this Agreement or the written policies, rules, regulations, procedures, ordinances, and/or resolutions of the City.
(4) All costs for the services of the arbitrator, including but not limited to, per diem expenses, travel and subsistence expenses and the cost of any hearing room will be borne equally by the City and the Union. If the parties agree to request a stenographic transcript of the hearing, then the cost of said transcript should also be borne equally by the City and the Union. All other costs will be borne by the party incurring them.
(5) Arbitrator’s recommendation shall be in the form of a recommendation to the City Council. However, if the City Council declines to review the arbitrator’s recommendations, the recommendation shall be binding upon both the City and the Union.
(6) If the City Council decides to review the arbitrator’s recommendations, it must undertake such review no later than the second regularly scheduled Council meeting following issuance of the recommendation. At a minimum, such review shall include a review of the hearing record and briefs submitted by the respective parties. The Council may, if it deems appropriate, permit oral arguments by representatives of the parties as well as asking for additional written or oral evidence. In the event of such request, the presentation of argument and/or e...
Step Five – Arbitration. In the event the employee is dissatisfied with the determination of the board, he/she may request in writing, not later than five working days after receipt of the board's decision, that the association submit his/her grievance to arbitration. If the association determines that the grievance is meritorious, it may submit the grievance to arbitration by written notice to the superintendent no later than fifteen working days after receipt of the employee's request. Within ten working days after such written notice of submission to arbitration, the board and association shall agree upon an arbitrator and obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, a request for a list of arbitrators may be made to the Public Employment Relations Commission by either party. The parties will then be bound by the rules and procedures of the Public Employment Relations Commission in the selection. The arbitrator so selected shall confer with representatives of the board and the association, hold hearings promptly, and shall issue his/her decision not later than thirty days from the date of the close of hearing, or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be submitted to the board and association in writing and shall set forth his/her findings of fact, reasoning and conclusions of the issues submitted. The arbitrator shall be without power or authority to make any decision contrary to, inconsistent with, or which alters, modifies, adds to, or subtracts from the provisions of this agreement or of applicable laws or rules and regulations having the force of law, or any decision which usurps the functions of the board or the proper exercise of its judgment and discretion under law and this agreement. His authority shall be limited to deciding whether there has been a violation of a specific article and section of this agreement, a board policy, or administrative rule or regulation. The decision of the arbitrator, if within the scope of his/her authority as above set forth, shall be final and binding on both parties. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the board and the association. Other expenses incu...
Step Five – Arbitration. If the Grievance is not resolved in Step Four of the Grievance Procedure, the Association may submit the Grievance to Arbitration. Such submission shall be made by filing a written Demand for Arbitration with the American Arbitration Association (AAA) within twenty (20) working days following the Association’s receipt of the Board’s response in Step Four. The Demand for Arbitration shall include a statement of the issues to be arbitrated and references to the specific article(s) and section(s) of the Agreement that are allegedly violated.
Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxx Xxxxxxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.
Step Five – Arbitration. A. Individual grievants shall not have the right to process grievances at Step Five. If satisfactory disposition of the grievance is not made as a result of Step Four, the Union shall have the right to appeal the dispute to an impartial arbitrator under and in accordance with the rules of the American Arbitration Association (AAA). The Demand for Arbitration shall be filed with the AAA and the Employer within twenty (20) days from the date of receipt of the decision at Step Four, or if no decision is rendered, from the date the decision was due.
Step Five – Arbitration. If no satisfactory settlement is reached at Step Three or Four, the Association, within fifteen (15) working days of the receipt of the Step Three or Four decision, may appeal the final decision of the District to the American Arbitration Association for arbitration under the voluntary rules, or to the Federal Mediation and Conciliation Service. The arbitrator shall be selected from a list provided by either of the agencies listed above. The parties shall separately rank and strike the names of arbitrators on the list, and return their list to the appropriate agency for final selection. Hearings shall be conducted in accordance with the rules of the agency that has been selected. Any grievance arising out of, or relating to the interpretation or application of the terms and/or provisions of this Agreement, may be submitted to arbitration unless specifically and expressly excluded within this Article.
4.2.5.1 The Arbitrator’s decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issue submitted to him/her. The decision of the Arbitrator shall be final and binding upon the District, the Association, and the grievant(s).
4.2.5.2 Costs: The fees and expenses of the Arbitrator shall be shared equally by the parties. All other expenses shall be borne by the party incurring them.
Step Five – Arbitration. In the event that the appealing party is not satisfied with the disposition of the grievance by the Board of Education, then within fifteen (15) calendar days from the date of receipt of the answer given by the Board of Education, the grievance may be submitted to arbitration. Written notice of the intent to process the grievance to arbitration shall be served on the Superintendent of Schools within the specified time limits as required within the procedure to process the grievance to arbitration.
Step Five – Arbitration. 15.10.1 Failing satisfactory settlement at Step Four mediation, the grievance may be submitted within ten (10) days by either party to binding arbitration. The parties shall endeavour to agree on a sole arbitrator.
15.10.2 In the event that mutual agreement cannot be reached, either party may, upon five (5) working days written notice to the other party, request the Minister of Labour of the Province of British Columbia to appoint an arbitrator.
15.10.3 It is distinctly understood that an arbitrator is not vested with the power to change, modify, or alter any provisions of this Agreement. The arbitrator shall only have the authority to apply, or to determine compliance with, the provisions of this Agreement.
15.10.4 The decision arrived at by the arbitrator shall be final and binding on the parties.
15.10.5 Each party shall pay the expenses incurred in connection with preparation and presentation of its own case to the arbitrator. The parties shall share equally the expenses of the arbitrator.
Step Five – Arbitration i. Any grievance which has not been satisfactorily adjusted under the Grievance Procedure may be submitted for arbitration by the Union within forty-five (45) days of the President’s Step Four decision.
ii. The Union, within the aforesaid forty-five (45) period, may request a list from the American Arbitration Association and selection shall be made in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. Nothing shall preclude the parties from mutually agreeing upon an arbitration. In either case, arbitration will be conducted in accordance with the Rules of the American Arbitration Association.
iii. The procedure for arbitration shall be as follows:
a) The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement.
b) In the event the parties cannot agree upon a stipulated issue, the Arbitrator shall have the authority to frame the question(s) submitted for arbitration, to make an award and to fashion an appropriate remedy. In the event the question before the Arbitrator is the arbitrability of the asserted grievance, the Arbitrator shall first decide that issue and determine whether to hear the substance of the case. The Arbitrator shall not be automatically disqualified from hearing the substance of the case by reason of determining arbitrability.
c) Each party shall bear the expense of preparing and presenting its own case. The compensation and expenses of the Arbitrator shall be borne equally by the parties.
d) The decision of the Arbitrator shall be final and binding. However, both parties shall retain whatever rights they have under the law to challenge the decisions of the Arbitrator to the New Hampshire Public Employee Labor Relations Board.
e) Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance.
