Common use of Step Five – Arbitration Clause in Contracts

Step Five – Arbitration. If the Guild and the University waive mediation in writing, or if the PERC Mediator declares impasse, the grievant’s Guild representative may request arbitration the grievant’s Guild representative may submit a written request to the Public Employment Relations Commission (PERC) for arbitration. The written request for arbitration shall be postmarked within twenty-one (21) days of the date of the written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself to the precise issue(s) addressed on the grievance form and submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have any authority to add to, subtract from, or modify any provisions of this Agreement. The arbitrator’s decision shall be final and binding upon the Guild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the non-prevailing Party shall bear the total cost and expense of the arbitrator. If neither Party substantially prevails, the total cost and expense of the arbitrator shall be borne equally by the Parties. Irrespective of the arbitrator’s decision, each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not be paid by the University for preparation for, travel to or from or participation in the arbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The cost (if any) of the arbitration hearing room and/or a court reporter shall be shared equally by the Parties. Each Party is responsible for ordering and paying for their own copy of a transcript.

Step Five – Arbitration. If the Guild and the University waive mediation in writing, or if the PERC Mediator declares impasse, the grievant’s Guild representative may request arbitration the grievant’s Guild representative may submit a written request to the Public Employment Relations Commission (PERC) for arbitration. The written request for arbitration shall be postmarked within twenty-twenty- one (21) days of the date of the written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine (9) Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself themselves to the precise issue(s) addressed on the grievance form and submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have any authority to add to, subtract from, or modify any provisions of this Agreement. The arbitrator’s decision shall be final and binding upon the Guild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one ( 1 ) Party substantially prevails in the arbitration, the non-prevailing Party shall bear the total cost and expense of the arbitrator. If neither Party substantially prevails, the total cost and expense of the arbitrator shall be borne equally by the Parties. Irrespective of the arbitrator’s decision, each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not be paid by the University for preparation for, travel to or from or participation in the arbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The cost (if any) of the arbitration hearing room and/or a court reporter shall be shared equally by the Parties. Each Party is responsible for ordering and paying for their own copy of a transcript.

Step Five – Arbitration. If the Guild and the University waive mediation in writing, or if the PERC Mediator declares impasse, the grievant’s Guild representative may request arbitration the grievant’s Guild representative may submit a written request to the Public Employment Relations Commission (PERC) for arbitration. The written request for arbitration shall be postmarked within twenty-twenty- one (21) days of the date of the written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself themselves to the precise issue(s) addressed on the grievance form and submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have any authority to add to, subtract from, or modify any provisions of this Agreement. The arbitrator’s decision shall be final and binding upon the Guild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the non-prevailing Party shall bear the total cost and expense of the arbitrator. If neither Party substantially prevails, the total cost and expense of the arbitrator shall be borne equally by the Parties. Irrespective of the arbitrator’s decision, each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not be paid by the University for preparation for, travel to or from or participation in the arbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The cost (if any) of the arbitration hearing room and/or a court reporter shall be shared equally by the Parties. Each Party is responsible for ordering and paying for their own copy of a transcript.

Step Five – Arbitration. If the Guild and the University waive mediation in writing, or if the PERC Mediator declares impasse, the grievant’s Guild representative may request arbitration the grievant’s Guild representative may submit a written request to the Public Employment Relations Commission (PERC) for arbitration. The written request for arbitration shall be postmarked within twenty-one (21) days of the date of the written waiver or impasse letter. The arbitrator shall be appointed from a PERC Dispute Resolution Panel list, limited to nine Washington and Oregon arbitrators. The arbitrator shall be selected with each party alternately striking names until one remains. The arbitrator shall confine himself or herself to the precise issue(s) addressed on the grievance form and submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s) not so submitted nor shall the arbitrator have any authority to add to, subtract from, or modify any provisions of this Agreement. The arbitrator’s decision shall be final and binding upon the Guild, and the University. The arbitrator’s decision shall be in writing and provided to the University and the Guild. In the event one Party substantially prevails in the arbitration, the non-prevailing Party shall bear the total cost and expense of the arbitrator. If neither Party substantially prevails, the total cost and expense of the arbitrator shall be borne equally by the Parties. Irrespective of the arbitrator’s decision, each Party, shall bear its own costs and expenses of preparing and presenting their own case including all legal/attorney fees. The grievant, the Guild representative, and their witness(es) shall not be paid by the University for preparation for, travel to or from or participation in the arbitration hearings, but may use leave for such activities. Leave need not be taken for the actual time in hearing when the hearing is held during the employees normal work shift. Under no circumstances shall a grievant, Guild representative, or their witnesses be entitled to overtime compensation for attendance at a hearing. The cost (if any) of the arbitration hearing room and/or a court reporter shall be shared equally by the Parties. Each Party is responsible for ordering and paying for their own copy of a transcript.. DRAFT