Step Six Sample Clauses

Step Six. If no settlement is reached at Step Four or Five, the Federation may at its discretion, within 30 days after the date of the Step Four answer, request by written notice to the Public Employment Relations Commission (PERC) that the grievance be arbitrated in whole or in part, provided that the grievance presents an arbitral matter as herein defined.

Step Six. 1. If the Step Five written response is unsatisfactory to the Union, it may be submitted to arbitration by mutual consent. 2. The Board and the Union shall select an arbitrator within seven (7) days after consent has been given. If the parties fail to agree on an arbitrator, then an arbitrator will be selected by the American Arbitration Association in accordance with its rules and regulations. 3. The arbitrator shall conduct the arbitration in accordance with the rules and regulations of the American Arbitration Association. 4. The arbitrator shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. The decision of the arbitrator shall be final and binding on both parties. 5. Expenses for the arbitrator's services and the proceedings shall be borne equally by the Board and the Union.

Step Six. Pre-hearing Neither party to the grievance may raise a new defense or grounds at Step Five which have not been raised previously or disclosed at other written levels. Each party shall submit to the other party not less than thirty

Step Six. If the decision of the Board is not satisfactory to the teacher and the Association, the grievance may be submitted for arbitration by written notice by the Association to the Board and the American Arbitration Association within ten (10) days after receipt of the Board's decision.

Step Six a. In the event that the grievance is not resolved by the review of the Board of Education as described in Step Five and provided the grievance concerns disagreement with respect to the interpretation of, inequitable application, or violation of the express, written terms of this Agreement, then the Association may elect to have the matter referred for binding arbitration by written request for arbitration with the Public Employment Relations Commission within fifteen (15) calendar days after the Level Five answer or the time specified for the Level Five answer. The parties shall be bound by the roles and procedures of PERC in the selection of an arbitrator. b. The arbitrator so selected shall confer with the representatives of the Board and the PR&R Committee and hold hearings promptly and shall issue his decision no later than twenty (20) calendar days of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs on the issues that are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitration shall be submitted to the Board and to the Association and shall be final and binding on the parties in interest. c. In no event shall the decision have the effect of adding to, modifying, or amending the provisions of this Agreement. d. The fees of the arbitrator and the expenses of the hearing shall be shared equally by the Association and the Board but each party shall be responsible for its own expenses with respect to the hearing.

Step Six. Arbitration If the City Manager does not satisfactorily dispose of the complaint, the Association or employee may, within fifteen (15) calendar days, request that the matter be submitted to arbitration. The person designated by the Department of Human Resources shall meet with the Association representative or employee to determine what issue(s) the Association or employee desires to submit to arbitration. If agreement is reached, such agreement shall be reduced to writing and submitted to the arbitrator. If parties cannot agree on the specific issue(s), then each may submit its own statement, and the Arbitrator shall consider and decide only the specific issue(s) submitted to him/her in writing by the City and the Association or employee(s), and shall have no authority to make a decision on any other issue(s) not so submitted. If the matter is submitted to arbitration, the Arbitrator shall hold the hearing as soon as practicable, and the following shall apply: 1. The parties shall meet and attempt to jointly select an Arbitrator. If they are unable to make a joint selection in a period of time not to exceed fifteen (15) calendar days, either party may request a panel of five (5) arbitrators from the American Arbitration Association; 2. Upon receipt of a panel from the American Arbitration Association, the parties shall meet within fifteen (15) calendar days, at which time the parties shall determine the Arbitrator by the alternate strike method. A coin flip will determine the party to strike first; 3. Employees called as witnesses shall be released from duty as needed; 4. The rules of conduct of proceedings shall be according to those procedures utilized by the American Arbitration Association; 5. The findings of the Arbitrator shall be transmitted only to the parties to the dispute or their representatives; 6. Each party shall bear the expenses of presenting its own case; 7. Costs of making stenographic record shall be born equally. The arbitrator’s fee shall be defrayed wholly by the party whose position was not supported by the arbitrator’s findings, except in the case of compromise decisions, the arbitrator shall be empowered to allocate the fee; 8. The Arbitrator shall not have the authority to amend, modify, or add to the provisions of the Agreement. 9. The Arbitrator shall be without power to make decisions contrary to or inconsistent with Federal or State law, the City Charter, City Ordinances and Resolutions. The City shall take no action to reso...

Step Six. Objective Criteria

Step Six. Arbitration^ ^ If satisfactory disposition is not rendered by the Board and Grievant elects to proceed directly to arbitration, or the matter is not resolved through mediation, Grievant shall, within ten (10) working days of receipt of the Board’s disposition or the date of the unsuccessful mediation (whichever is applicable), forward to the Board Treasurer and the American Arbitration Association (AAA) a demand for arbitration. (Copies of this Grievance Form shall be given/sent to the Association President, Grievant and the Appropriate Administrator.)

Step Six. The Parties shall, they shall promptly procure the Company and/or Haimeng to, and the Company shall promptly, handle any and all registration and filing formalities, execute and amend any and all documents, and do all other acts necessary to reflect the relevant shareholding percentage change as a result of the transaction set forth in this Section 6.5.

Step Six. Advisory Arbitration 1. Within five (5) working days of the response from step five, the Association, if dissatisfied, may request to submit the grievance to advisory arbitration. The person designated by the Department of Human Resources shall meet with the Association representative to determine what issue(s) the Association or employee desires to submit to advisory arbitration. If agreement is reached as to the specific issue(s), these will be reduced to writing, and presented to the arbitrator as the submission agreement. If the parties cannot agree on the specific issue(s), then each may submit its own statement, and the Arbitrator shall decide the issue in accordance to American Arbitration Association rules. The arbitrator shall attempt to fashion an issue at the outset of the hearing and if not, then at the completion of the hearing. 2. The parties shall meet and attempt to jointly select an arbitrator. If they are unable to make a joint selection in a period of time not to exceed ten