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 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.

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 employer’s answer at STEP III is not settled on satisfactory to the basis of Union, within ten (10) working days from the foregoing proceduresdate the answer is due, the Union may submit President shall notify the issue in writing HR Manager that the Union intends to final and binding arbitration arbitrate. Should the parties fail to agree upon an impartial arbitrator within fourteen ten (1410) calendar working days, then within a reasonable period of time, not more than twenty (20) working days after receipt notice 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 request for arbitration, the Union shall a request the Federal Mediation and Conciliation Service to supply for a list of eleven (11) arbitrators and will be made to the American Arbitration Association by the Union. The parties shall alternate striking names from such list until be bound by the name rules and procedures of one (1) arbitrator remains who shall be the American Arbitration Association in the selection of the arbitrator. Nothing shall preclude the parties from attempting to settle the dispute after request for arbitration has been made. The party parties agree that in all cases of suspension and discharge every effort will be made to strike set a prompt hearing date. Only one local union officer and the first name aggrieved employee and witnesses will be allowed to attend the arbitration hearings with pay. The arbitrator so selected shall be determined by coin tosshear the matter promptly and shall issue their decision no later than thirty (30) days from the date of the close of the hearings. The arbitrator’s 's decision shall be final in writing and bindingshall set forth their findings of facts, subject to limits of authority stated hereinreasoning and conclusions on the issue submitted. The power of the arbitrator stems from this Agreement and their function is to interpret and apply this agreement and to pass upon alleged violations thereof. They shall have no authority or power to add to, delete subtract from, disregard, or alter modify any terms of this agreement. The decision of the provisions arbitrator shall be final and binding upon the Employer, the Union, the employees, and the grievant. Resort to the grievance procedure shall be the sole and exclusive method of "due process" and redress available to all members of the bargaining unit in regards to all matters of application and interpretation of this Agreementagreement, including but shall be authorized only not limited to interpret the existing provisions all matters of this Agreement as they may apply to the specific facts in disputediscipline, discharge, layoff and promotion. 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 Bargaining unit members shall have no authority right of appeal to change any other forum including the Township Merit System Commission or restrict the Employer’s actionany similar administrative body. The arbitrator shall not reverse costs for 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 arbitrator's services, including their expenses, shall be heard and decided borne equally by the arbitrator in a separate proceeding prior to any hearing on the meritsparties. 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 pay for the expenses of witnesses called by the other partyits own expense.

Step IV: Arbitration. If the grievance District’s decision in Step III is not appealed to Step IV, Arbitration within twenty (20) calendar days, the grievance shall be considered settled on the basis of such decision and shall not be eligible for further appeal. Any grievance that has been processed in accordance with the foregoing procedures, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days after receipt provisions 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 preceding Sub-Section of this Agreement, but shall not satisfactorily settled shall, upon proper appeal, be authorized only submitted to interpret arbitration before an impartial arbitrator to be selected by mutual agreement of the existing provisions parties. If, within twenty (20) workdays (or a longer period if mutually agreed upon) after receipt of this Agreement as they may apply such written request, the parties are unable to agree upon an arbitrator, the parties will request the Pennsylvania Bureau of Mediation to submit a list of seven (7) impartial arbitrators and that the parties will alternate the first strike from the list provided from one (1) grievance to the specific facts next in disputeaccordance with Section 903 (1) of the Public Employees Relations Act. The procedure to be followed in submitting the difference or dispute to the arbitrator shall, unless agreed upon by the parties within ten (10) workdays after the selection of the arbitrator, be determined by the arbitrator himself. The arbitrator shall base submit his decision, in writing, promptly after the conclusion of the hearing, or her hearings, as the case may be, and the decision solely on of the contractual obligations expressed in arbitrator so rendered shall be final and binding upon the employee involved and upon the parties to this Agreement. If Where a dispute relates to the scale of wages or benefits in any way, any decision rendered shall not be retroactive beyond the date on which the dispute was first presented as a grievance in writing. The fees and expenses of the arbitrator should find that shall be borne in equal shares by the Employer was not prohibited by this Agreement from taking, or not taking, District and the action grieved, he or shall have no authority to change or restrict the Employer’s actionUnion. The arbitrator shall not reverse have the Employer’s exercise of discretion in right to add to, subtract from, modify, or disregard 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) terms or provisions 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 partythis Agreement.