Common use of Step Four - Arbitration Clause in Contracts

Step Four - Arbitration. 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Labor Relations Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective. 15.6.2. Within five (5) workdays after receipt of a request for arbitration, the Labor Relations Division or designee and the Association agree to meet and review the pending arbitration case. If no agreement is reached, the Labor Relations Division or designee shall request the State Mediation and Conciliation Service to supply a list of seven (7) arbitrators. If no agreement is reached, the cost of any filing fees shall be split evenly between the Parties. The arbitrator shall be chosen by allowing each Party, in turn, to strike out one (1) name until only one (1) name remains. The determination of the Party to strike first shall alternate between the Association and the District. 15.6.3. The cost of arbitration shall be borne as follows: 15.6.3.1. The District and the Association shall share equally in the payment for the services and expenses of the arbitrator. 15.6.3.2. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter. 15.6.4. Powers and limitations of the arbitrator shall be as follows: 15.6.4.1. The function of the arbitrator shall be: a. To hold a hearing concerning the grievance, and b. To render a binding decision within thirty (30) calendar days of the hearing or receipt of closing briefs (if any). 15.6.4.2. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants. 15.6.4.3. The arbitrator shall determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the Parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision or award merely because in the arbitrator's opinion such decision or award is fair and equitable. 15.6.4.4. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the Parties in the presence of each other and upon arguments presented in briefs. 15.6.4.5. No decision rendered by the arbitrator shall be retroactive beyond the beginning of the last payroll period prior to the fifteen (15) workday period for filing a grievance specified in Step One of this grievance procedure. The arbitrator shall have no power to render an award in any grievance during any period of time in which the Association or its members (when encouraged, supported, or sanctioned in any way by the Association) are involved in unprotected concerted activities or a strike.

Step Four - Arbitration. 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Labor Relations Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective. 15.6.2. Within five (5) workdays after receipt of a request for arbitration, the Labor Relations Human Resource Services Division or designee and the Association agree to meet and review the pending arbitration case. If no agreement is reached, the Labor Relations Human Resource Services Division or designee shall request the State Mediation and Conciliation Service to supply a list of seven (7) arbitrators. If no agreement is reached, the cost of any filing fees shall be split evenly between the Parties. The arbitrator shall be chosen by allowing each Party, in turn, to strike out one (1) name until only one (1) name remains. The determination of the Party to strike first shall alternate between the Association and the District. 15.6.3. The cost of arbitration shall be borne as follows: 15.6.3.1. The District and the Association shall share equally in the payment for the services and expenses of the arbitrator. 15.6.3.2. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter. 15.6.4. Powers and limitations of the arbitrator shall be as follows: 15.6.4.1. The function of the arbitrator shall be: a. To hold a hearing concerning the grievance, and b. To render a binding decision within thirty (30) calendar days of the hearing or receipt of closing briefs (if any). 15.6.4.2. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants. 15.6.4.3. The arbitrator shall determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the Parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision or award merely because in the arbitrator's opinion such decision or award is fair and equitable. 15.6.4.4. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the Parties in the presence of each other and upon arguments presented in briefs. 15.6.4.5. No decision rendered by the arbitrator shall be retroactive beyond the beginning of the last payroll period prior to the fifteen (15) workday period for filing a grievance specified in Step One of this grievance procedure. The arbitrator shall have no power to render an award in any grievance during any period of time in which the Association or its members (when encouraged, supported, or sanctioned in any way by the Association) are involved in unprotected concerted activities or a strike.

Step Four - Arbitration. 15.6.1. A. If a grievance is not resolved at Step Three, the Association AASD may request a hearing before an arbitrator. The request shall be filed in the Labor Relations Division Division, or designee designee, within fifteen (15) workdays after the written decision of the division representative becomes effective. 15.6.2. B. Within five (5) workdays after receipt of a request for arbitration, the Labor Relations Division Division, or designee designee, and the Association AASD agree to meet and review the pending arbitration case. If no agreement is reached, the Labor Relations Division Division, or designee designee, shall request the State Mediation and Conciliation Service to supply a list of seven (7) arbitrators. If no agreement is reached, the cost of any filing fees shall be split evenly between the Parties. The arbitrator shall be chosen by allowing each Party, in turn, to strike out one (1) name until only one (1) name remains. The determination of the Party to strike first shall alternate between the Association AASD and the District. 15.6.3. C. The cost of arbitration shall be borne as follows: 15.6.3.11. The costs involved in obtaining the list of arbitrators, if any, shall be shared equally between the Parties. 2. The District and the Association AASD shall share equally in the payment for the services and expenses of the arbitrator. 15.6.3.23. Upon mutual agreement, a qualified court reporter shall be employed to record verbatim the hearing. Without mutual agreement, either Party may employ and compensate such a reporter. 15.6.4. Powers X. Xxxxxx and limitations of the arbitrator shall be as follows: 15.6.4.1. : The function of the arbitrator shall be: a. 1. To hold a hearing concerning the grievance, and b. 2. To render a binding decision within thirty (30) calendar days a reasonable period of time after the hearing or receipt of closing briefs (if any). 15.6.4.2. E. The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement but shall determine only whether or not there has been a violation, misinterpretation, or misapplication of this Agreement as alleged by the grievant or grievants. 15.6.4.3. F. The arbitrator shall have the power to determine disputed interpretation of terms actually found in the Agreement or determine disputed facts upon which the application of the Agreement depends. The arbitrator may not decide any issue not submitted and may not interpret or apply the Agreement so as to change what can fairly be said to have been the intent of the Parties as determined by generally accepted rules of contract construction. The arbitrator shall not render any decision or award merely because in the arbitrator's opinion such decision or award is fair and equitable. 15.6.4.4. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the Parties in the presence of each other and upon arguments presented in briefs. 15.6.4.5. No decision rendered by the arbitrator shall be retroactive beyond the beginning of the last payroll period prior to the fifteen (15) workday period for filing a grievance specified in Step One of this grievance procedure. The arbitrator shall have no power to render an award in any grievance during any period of time in which the Association or its members (when encouraged, supported, or sanctioned in any way by the Association) are involved in unprotected concerted activities or a strike.as