Common use of Step IV: Arbitration Clause in Contracts

Step IV: Arbitration. 1. If the grievance remains unresolved after Step III, the Union may submit the grievance to Arbitration by filing a Demand for Arbitration with the American Arbitration Association no later than twenty (20) working days after receipt of the Step III answer or the date of mediation with concurrent notification thereof to be provided the Director of Labor and Employee Relations, or his/her designee. Notification to the Director of Labor and Employee Relations, or his or her designee, shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of the Union’s Demand for Arbitration, identification of the grievance, issue(s) and provisions of the Agreement involved. If a Demand for Arbitration is not filed with the Employer’s Director of Labor and Employee Relations, or his/her designee and the American Arbitration Association within the time limits set forth above, the grievance is barred from Arbitration and the Employer’s Step III disposition of the grievance shall be final. 2. The arbitration provisions of this Agreement are expressly and exclusively reserved to the Union and the Employer. No employee or group of employees shall have the right to appeal or process a grievance to the Step IV Arbitration level of the Grievance Procedure. 3. Selection of the Arbitrator and the Arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association. 4. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Union where such discretion has been retained by the Employer or the Union, nor shall he/she exercise any responsibility or function of the Employer or the Union. 5. In the event of Arbitration, the fees and approved expenses of the Arbitrator will be shared by the parties equally. Each party shall be responsible for compensating its own representatives and witnesses. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the University, the Union, and the employee or employees involved.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Step IV: Arbitration. 1. If the grievance remains unresolved after Step III, the Union may submit the grievance to Arbitration by filing a Demand for Arbitration with the American Arbitration Association no later than twenty (20) working days after receipt of the Step III answer or the date of mediation with concurrent notification thereof to be provided the Director of Labor and Employee Relations, or his/her designee. Notification to the Director of Labor and Employee Relations, or his or her designee, shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of the Union’s Demand for Arbitration, identification of the grievance, issue(s) and provisions of the Agreement involved. If a Demand for Arbitration is not filed with the Employer’s Director of Labor and Employee Relations, or his/her designee and the American Arbitration Association within the time limits set forth above, the grievance is barred from Arbitration and the Employer’s Step III disposition of the grievance shall be final. 2. The arbitration provisions of this Agreement are expressly and exclusively reserved to the Union and the Employer. No employee or group of employees shall have the right to appeal or process a grievance to the Step IV Arbitration level of the Grievance Procedure. 3. Selection of the Arbitrator and the Arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association. 4. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that of the Employer or the Union where such discretion has been retained by the Employer or the Union, nor shall he/she exercise any responsibility or function of the Employer or the Union. 5. In the event of Arbitration, the fees and approved expenses of the Arbitrator will be shared by the parties equally. Each party shall be responsible for compensating its own representatives and witnesses. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the University, the Union, and the employee or employees involved.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Step IV: Arbitration. 1. If the grievance remains unresolved after Step IIIemployer’s answer at STEP III is not satisfactory to the Union, within ten (10) working days from the date the answer is due, the Union may submit President shall notify the grievance HR Manager that the Union intends to Arbitration by filing arbitrate. Should the parties fail to agree upon an impartial arbitrator within ten (10) working days, then within a Demand for Arbitration with the American Arbitration Association no later reasonable period of time, not more than twenty (20) working days after receipt notice of the Step III answer or the date request for arbitration, a request for a list of mediation with concurrent notification thereof arbitrators will be made to be provided the Director of Labor and Employee Relations, or his/her designee. Notification to the Director of Labor and Employee Relations, or his or her designee, shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of by the Union’s Demand for Arbitration, identification . The parties shall be bound by the rules and procedures of the grievance, issue(s) and provisions of the Agreement involved. If a Demand for Arbitration is not filed with the Employer’s Director of Labor and Employee Relations, or his/her designee and the American Arbitration Association within in the time limits selection of the arbitrator. Nothing shall preclude the parties from attempting to settle the dispute after request for arbitration has been made. The parties agree that in all cases of suspension and discharge every effort will be made to set a prompt hearing date. Only one local union officer and the aggrieved employee and witnesses will be allowed to attend the arbitration hearings with pay. The arbitrator so selected shall hear 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 decision shall be in writing and shall set forth abovetheir findings of facts, reasoning and conclusions on the grievance is barred from Arbitration and the Employer’s Step III disposition issue submitted. The power of the grievance shall be final. 2. The arbitration provisions of arbitrator stems from this Agreement are expressly and exclusively reserved their function is to the Union interpret and the Employerapply this agreement and to pass upon alleged violations thereof. No employee or group of employees shall have the right to appeal or process a grievance to the Step IV Arbitration level of the Grievance Procedure. 3. Selection of the Arbitrator and the Arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association. 4. The Arbitrator They shall have no power to add to, subtract from from, or modify any of the terms of this Agreement, nor shall he/she substitute his/her discretion for that agreement. The decision of the Employer or the Union where such discretion has been retained by the Employer or the Union, nor shall he/she exercise any responsibility or function of the Employer or the Union. 5. In the event of Arbitration, the fees and approved expenses of the Arbitrator will be shared by the parties equally. Each party shall be responsible for compensating its own representatives and witnesses. The Arbitrator’s decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, arbitrator shall be final and binding upon the UniversityEmployer, the Union, the employees, and the employee 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 agreement, including but not limited to all matters of discipline, discharge, layoff and promotion. Bargaining unit members shall have no right of appeal to any other forum including the Township Merit System Commission or employees involvedany similar administrative body. The costs for the arbitrator's services, including their expenses, shall be borne equally by the parties. Each party shall pay for its own expense.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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