STEP IV: Binding Arbitration. The Parties will continue negotiations on the parameters to add binding arbitration as an additional option as the final step of the grievance procedure for grievances filed after July 1, 2017.
STEP IV: Binding Arbitration. 58.5.1 Employees subject to discharge or suspension will elect arbitration or the statutory process.
58.5.1 If no settlement is reached in Step III within the specified time limit, the Association may within fifteen (15) days submit a written request for arbitration and concurrently give written notification to the Superintendent of such request for arbitration.
58.5.2 The issue must involve the interpretation or meaning of the express provisions of the Agreement.
58.5.3 The parties shall jointly request the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS) to submit a panel of arbitrators. When notification of the names of the arbitrators is received, the parties in turn shall have the right to strike a name from the panel until only one
(1) name remains. The remaining person shall be the arbitrator. The right to strike the first name from the panel shall be determined by lot.
58.5.4 Arbitration proceedings shall be in accordance with the following:
58.5.4.1 The arbitrator shall hear and accept pertinent evidence submitted by both parties and shall be empowered to request such data as the arbitrator deems pertinent to the grievance and shall render a decision in writing to both parties within thirty (30) days (unless mutually extended) of the closure of the record.
58.5.4.2 The arbitrator shall be authorized to rule and issue a decision in writing on the issue presented for arbitration. The decision shall be final and binding on both parties.
58.5.4.3 The arbitrator shall rule only on the basis of information presented in the hearing and shall refuse to receive any information after the hearing except when there is mutual agreement between the District and the Association.
58.5.4.4 Each party to the proceedings may call such witnesses as may be necessary. Such testimony shall be limited to the matters set forth in the written statement of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit written briefs within a time period mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confirmed to and directed at the matters set forth in the grievance.
58.5.4.5 Each party shall pay any compensation and expenses relating to its own witnesses or representatives.
58.5.4.6 The Association and the District shall pay the compensation of the arbitrator, including necessary expenses in equal shares.
58.5.4.7 The total cost o...
STEP IV: Binding Arbitration. Within forty-five (45) working days after the completion of Step III, the Union must request arbitration, in writing, to the Vice Chancellor for Human Resources. During the following ten (10) working days, the parties will endeavor to mutually select an arbitrator. If they are unsuccessful, then within fifteen (15) working days of when the initial request was made, and if the Union still wishes to pursue arbitration, the Union will file a Petition for Grievance Arbitration with the Michigan Employment Relations Commission (“MERC”) and provide the Vice Chancellor for Human Resources with a copy of the Petition. The Petition shall be filed in accordance with MERC’s rules and procedures, and any administrative fees charged by the MERC will be shared equally by the parties. The Petition shall ask MERC to provide the parties with a list of fifteen (15) MERC-approved grievance arbitrators. During the following ten (10) working day period, the parties will confer and, beginning with the Union, alternately strike listed names until one name remains. The remaining name will be appointed the Arbitrator for that matter, and the parties shall so inform the Arbitrator. The Union and the College may be represented by counsel at the hearing. Each party shall bear the cost of his/her own counsel and the parties shall split costs of the Arbitrator. The Arbitrator shall apply the substantive law of Michigan, federal law, or both, as applicable to the claim(s) asserted. Pre-hearing discovery may be permitted by the Arbitrator. During the hearing the Arbitrator shall generally apply the federal rules of evidence; however, she/he shall be the judge of the relevancy and materiality of the evidence offered. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. However, if the party who has not arranged for a court reporter desires a transcript, that party must split the expenses of the court reporter/transcripts. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion no later than thirty (30) calendar days after the close of the hearing or receipt by the Arbitrator of post-hearing briefs, whichever is later, in the form typically rendered in labor arbitration. The Arbitrator shall not have the power to modify, amend, add to, or subtract from t...
STEP IV: Binding Arbitration. A. If, after the completion of Step III, or in the event the grievant or Union does not opt to utilize Step III, the grievant remains aggrieved, the Union shall notify the Board, in writing, of its intent to submit the grievance to arbitration. The Union shall submit the notice to the Superintendent within twenty (20) days following the conclusion of Grievance Mediation or the decision in Step II if the grievant or Union opts not to utilize Step III. The arbitrator will be chosen from a list of seven (7) names furnished by the FMCS. All other procedures relative to the hearing with the arbitrator will be in accordance with the rules and regulations of FMCS. The arbitrator’s decision will not be appealed to a higher court, by either party, unless the arbitrator’s decision oversteps the boundaries of his/her authority.
B. The arbitrator will conduct the necessary hearing(s) and issue the decision within the time limit, as agreed to by the Union, the Board, and the arbitrator. Copies of the decision will be sent to the Superintendent and the Union Representative.
C. The arbitrator will not have the authority to add to, subtract from, modify, change, or alter any of the provisions of the agreement, nor add to, detract from, or modify the language therein, in arriving at a decision in regard to the grievance. The arbitrator will be confined to those issues that have been presented and will have no authority to consider other issues that have not been presented for arbitration.
STEP IV: Binding Arbitration. A. If the aggrieved is not satisfied with the response received from the Board in Step III, he/she may within ten (10) days of receipt of such written response, initiate submission of the grievance to arbitration by making written notification to the Superintendent and the Association.
B. The arbitrator shall be selected from the American Arbitration Association according to its voluntary rules and regulations.
C. The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of the agreement, nor add to, detract from or modify the language therein in arriving at a determination of any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issue(s) submitted for arbitration and shall have no authority to determine any issue(s) not so submitted to him/her or to submit observations or declarations of opinion which are not directly essential in reaching the determination.
STEP IV: Binding Arbitration. A. If, after the completion of Step III, or in the event the grievant or Union does not opt to utilize Step III, the grievant remains aggrieved, the Union shall notify the Board, in writing, of its intent to submit the grievance to arbitration. The Union shall submit the notice to the Superintendent within twenty (20) days following the conclusion of Grievance Mediation or the decision in Step II if the grievant or Union opts not to utilize Step
STEP IV: Binding Arbitration. 47.4.1 If no settlement is reached in Step III within the specified time limit, the Association may within fifteen (15) days therefrom submit a written request for arbitration and concurrently give written notification to the Superintendent of such request for arbitration.
47.4.2 The issue must involve the interpretation or meaning of the express provisions of the Agreement.
STEP IV: Binding Arbitration. If the Association is not satisfied with the disposition of the grievance at Step III, or if no disposition has been made within the time period provided, the grievance, only at the option of the Association, may be submitted before an impartial arbitrator. The Association shall exercise its right of arbitration by giving the superintendent written notice of its intention to arbitrate within twenty-one (21) days after it has received the decision at Step
STEP IV: Binding Arbitration. 1. If the Association is not satisfied with the disposition at Step III, it may appeal by submitting a demand for binding arbitration within ten (10) days after receipt of the written disposition at Step III. The demand for binding arbitration shall be submitted to the Superintendent by hand delivery with date of receipt noted or by mail with return receipt requested. The demand shall specify the act or condition upon which the grievance is based, the date of the act or condition, the names and addresses of the parties, the contractual clause(s) alleged to have been violated, misinterpreted or misapplied and the remedy sought. If the parties are unable to mutually agree upon an arbitrator, then within ten (10) days after submission of the demand, the parties shall request a list of arbitrators from the American Arbitration Association (AAA). The arbitration procedures and selection of the arbitrator shall be in accordance with the Voluntary Labor Arbitration Rules of the AAA.
2. The arbitrator shall hold the necessary hearing(s) promptly and issue the decision within such time as may be agreed upon. The decision shall be in writing and shall identify the winning party. A copy of the decision shall be sent to both the Board and the Association. The decision of the arbitrator shall be binding on both the Board and the Association with regard to matters involving the Collective Bargaining Contract.
3. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any terms of the written provisions of this agreement, nor shall he make any decision contrary to law. He shall not imply obligations and conditions binding upon the parties from this agreement except as set forth herein.
4. The fees of the arbitrator shall be borne by the losing party.
STEP IV: Binding Arbitration. If the aggrieved is not satisfied with the response received from the Board in Step III, he may within ten (10) days of receipt of such written response, initiate submission of the grievance to arbitration by making written notification to the Superintendent and the Association.
