Common use of Step IV: Arbitration Clause in Contracts

Step IV: Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days after receipt of the written reply at Step III by the Administrator or designee. Within seven (7) calendar days of the notification that the dispute is submitted for arbitration, the Union shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternate 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 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 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 when specifically reserved in the contract article or within the scope of the management rights language. Any disputes as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses 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 IV: Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days after receipt of the written reply at under Step III by the Administrator or designee. Within seven (7) calendar days of the notification that the dispute is submitted for arbitrationII] above, the Union shall request within twenty (20) days of receiving the Federal Mediation decision of the Director or designate, notify the Employer in writing of its intention to submit the grievance to arbitration and Conciliation Service shall inform the Employer of the Union nominee to supply an Arbitration Board. The Employer shall, within ten (10) days of receipt of such notice, notify the Union of the Employer's nominee to the Arbitration Board. The two (2) appointees so named shall, within twenty (20) days, appoint a list of eleven (11) arbitrators and the parties shall alternate striking names from such list until the name of one (1) arbitrator remains third person who shall be the arbitratorChairperson of the Arbitration Board. (i) If the two (2) members fail to appoint a third person within the time limits, the Director of Mediation Services shall appoint a third member who shall be Chairperson of the Arbitration Board. (ii) The Arbitration Board shall hear and determine the difference and shall issue a decision in writing. The party to strike decision is final and binding upon the first name parties and upon the Employee(s) affected by it The decision of the majority of the Board is the award of the Arbitration Board. When there is no majority decision, the decision of the Chairperson shall be determined the decision of the Board. (iii) Each Party to the difference shall bear the expense of its respective appointee to the Arbitration Board, and the two (2) parties shall bear equally the expenses of the Chairperson. (iv) The Arbitration Board by coin toss. The arbitrator’s its decision shall be final and bindingnot alter, subject to limits of authority stated herein. The arbitrator shall have no authority amend or power to add to, delete from, disregard, or alter any of change the provisions of this Collective Agreement. (v) If the Arbitration Board determines that an Employee has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, but shall be authorized only to interpret the existing provisions of this Agreement as they Arbitration Board may apply substitute some other penalty for the discharge or discipline that to the specific facts Arbitration Board seems just and reasonable in dispute. The arbitrator shall base his or her decision solely on all 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 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 when specifically reserved in the contract article or within the scope of the management rights language. Any disputes as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other partycircumstances.

Step IV: Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days after receipt of the written reply at Step III by the Administrator or designee. Within seven (7) calendar days of the notification that the dispute is submitted for arbitration, the Union shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternate striking alternating strike names from form 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 when specifically reserved in the a contract article or within the scope of the management rights language. Any disputes dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Each party shall bear one-half (1/2½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses 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 IV: Arbitration. If the grievance Association is not settled on satisfied with the basis disposition of the foregoing proceduresgrievance by the Board, or if no disposition has been made by the Board within the period above provided, or if the Board and the Association have chosen to instead submit the grievance to arbitration, the Union grievance may submit be submitted to arbitration before an impartial arbitrator by the issue in writing Association's completion of Grievance Report Form, Step IV, and filing of same with the Board. If the Association fails to final and binding arbitration forward to the Board the Grievance Report Form, Step IV, within fourteen twenty (1420) calendar school days after of receipt by the Association of the written reply at Board's disposition, when Step III by has been used, then the Administrator or designeegrievance shall be considered waived. Within seven If the American Arbitration Association is not notified within thirty (730) calendar days of the notification to the Board, the grievance shall be considered waived. If the parties cannot agree as to the arbitrator, he/she shall be selected by the American Arbitration Association in accordance with its rules, which rules shall likewise govern the arbitration proceedings. Both the Board and the Association shall have the right to reject one panel in its entirety and request that a new panel be submitted. Either party has the dispute right to request that any panel that is submitted for arbitration, be limited to members of the Union shall request the Federal Mediation and Conciliation Service to supply a list National Academy of eleven (11) arbitrators and the parties shall alternate 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 hereinArbitrators. The arbitrator shall have no authority or power to alter, add to, delete from, disregard, or alter any of subtract from the provisions terms of this Agreement, but . The Board and the Association shall not be authorized only permitted to interpret the existing provisions of this Agreement as they may apply assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the specific facts in disputeother party. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find Both parties agree that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or 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 when specifically reserved in the contract article or within the scope of the management rights language. Any disputes as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Each party shall bear one-half (1/2) of the fee award of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses shall be borne by final and binding. The Board and the party incurring them, and neither party Association shall be responsible for share equally the expenses cost of witnesses called by the other partyarbitration.