- Step Four (Regular Arbitration) Sample Clauses

- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee(s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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- Step Four (Regular Arbitration). Within seven (7) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Employer’s Director, Labor Relations that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the Parties within thirty (30) days of the ratification of this Agreement. Arbitrators shall be selected from the panel on a rotating basis. Within thirty (30) days following the close of the hearing or the submission of briefs by the parties, the arbitrator shall render a written decision based upon the facts presented and provide the reasons for the determination. The decision shall resolve the grievance and order any appropriate relief. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee(s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Director of Employee Services that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty
Sample 1Sample 2See All (5)
- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. One representative of the Union, the grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding, if during regular work hours. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the City, the Union and the employee(s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. policy. The arbitrator is also prohibited from making any decision that is contrary to law or to public
Sample 1Sample 2
- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Director Labor Relations that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The Arbitrator shall be selected on an alphabetical, rotational basis with each Party having the right to exercise one strike. If the arbitrator is stricken, they will retain their position in the order. Either Party may request an annual review of the panel at which time a new panel will be selected. Within thirty (30) days following the close of the hearing or the submission of briefs by the parties, the arbitrator shall render a written decision based upon the facts presented and provide the reasons for the determination. The decision shall resolve the grievance and order any appropriate relief. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee(s) it represents. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
Sample 1
- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee (s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy. Subd. 1. Pay During Proceeding One representative of the Union, the Grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding if such proceeding is held during regular work hours.
Sample 1
- Step Four (Regular Arbitration). If the Parties have not resolved the grievance within forty-five (45) calendar days after the date of the Step 3 decision, the Association may initiate the arbitration process as provided for in the following provisions of this article. The association shall notify the Chief Human Resources Officer or his/her designee of its intent to arbitrate the grievance. Once the Association has decided to arbitrate the matter, the Parties will identify the arbitrator pursuant to this provision, and schedule a hearing date within one hundred twenty (120) calendar days. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The arbitrator shall be selected on an alphabetical, rotational basis, with each Party having the right to exercise one strike. If the arbitrator is stricken, s/he will retain his/her position in the order. One representative of the Association, the Grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding, if during regular work hours. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the Parties. The decision and award of the arbitrator shall be final and binding upon the City, the Association and the employee (s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
Sample 1
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Related to - Step Four (Regular Arbitration)

  • Regular Arbitration The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.

  • Step Four - Arbitration In the event that the grievance is not satisfactorily adjusted at Step Three, arbitration may be requested. In order to proceed to arbitration, the Association representative must submit a request in writing within fifteen (15) days of receipt of the decision in Step Three. Within ten (10) days of the receipt of the request for arbitration the parties shall immediately attempt to select a mutually acceptable arbitrator from a list of seven (7) names, with experience in public education, requested from the State of California Mediation and Conciliation Services. If the parties are unable to agree upon an arbitrator within ten (10) days of receiving the list of arbitrators, the parties will alternately strike names until one name is left. The conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the State of California Mediation and Conciliation Service. Both parties agree that, subject to the provisions of the Code of Civil Procedures of the State of California, the arbitration award resulting from this procedure shall be final and binding on all parties.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Medical Center Chief Administrative Officer or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from Washington and Oregon and the parties shall alternate in striking names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • 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, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Mediation/Arbitration 1. If a dispute arises out of or relates to this warranty, or the breach thereof, and if said dispute cannot be settle through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this warranty, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE PROCEDURE & ARBITRATION 36.01 Any complaint, disagreement or difference of opinion between the Company and the Union, or the employees, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

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