Common use of Step Three - Arbitration Clause in Contracts

Step Three - Arbitration. If the Union is not satisfied with the answer at Step Two of the grievance procedure, then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty (20) working days of the second step meeting in order for the grievance to be properly referred for arbitration. Within five (5) working days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working days, at which time, it will reconvene and attempt to agree upon an arbitrator. If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. Within five (5) working days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers thereto, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. A representative of the Employee Relations Office will contact the arbitrator within ten (10) working days of the date of selection of the arbitrator.

Step Three - Arbitration. ‌ 1) If the Union is not satisfied with the answer at Step Two of the grievance procedure, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty ten (2010) working business days of the second step meeting meeting, or within ten (10) business days of the last day of mediation in order for the grievance to be properly referred for arbitration. . 2) Within five (5) working business days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx Xxxx Xxx XxxXxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working business days, at which time, it will reconvene and attempt to agree upon an arbitrator. . 3) If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working business days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to by the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. . 4) Within five (5) working business days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers thereto, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. . 5) A representative of the Employee Relations Office will contact the arbitrator within ten (10) working business days of the date of selection of the arbitrator.arbitrator.‌

Step Three - Arbitration. 1) If the Union is not satisfied with the answer at Step Two of the grievance procedure, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty ten (2010) working business days of the second step meeting meeting, or within ten (10) business days of the last day of mediation in order for the grievance to be properly referred for arbitration. . 2) Within five (5) working business days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx Xxxx Xxx XxxXxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working business days, at which time, it will reconvene and attempt to agree upon an arbitrator. . 3) If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working business days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to by the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. . 4) Within five (5) working business days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers thereto, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. . 5) A representative of the Employee Relations Office will contact the arbitrator within ten (10) working business days of the date of selection of the arbitrator.

Step Three - Arbitration. If a. In the event that the grievance has not been satisfactorily resolved at Step Two, and the grievance involves an alleged violation of the Agreement as described in the definition of a grievance in B.1.a above, then arbitration may be brought only by the Union, through its designee within thirty (30) calendar days from the day the Union is not satisfied with received the answer at Step Two of the grievance procedure, then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty (20) working days of the second step meeting in order for the grievance to be properly referred for arbitration. Within five (5) working days after decision or from the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University requestStep Two decision was due, the meeting may be adjourned by mailing a written request for a period of up to two (2) working days, at which time, it will reconvene and attempt to agree upon an arbitrator. If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given arbitration to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to the Michigan Public Employment Relations Commission and sending a copy to the Office of Employee Relations. In the event the Union deems it necessary to use an additional period beyond the thirty (30) days provided herein the time to appeal may be extended by the Union to not more than twenty (20) additional calendar days. Should the Union use any of these additional days, it is understood that the time used in computing the extent of the State's liability shall not exceed twenty (20) days from the day the Union received the Step Two decision or from the date on which the Step Two decision was due. If mutually agreed, a pre- arbitration conference may be scheduled to frame the issue or issues. All communications concerning appeals and decisions at this Step shall be made in writing. The request for arbitration shall contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, department or associated with the University or the Union. Within five (5) working days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union agency and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paperManager involved, a copy of the contract, grievance form and the grievance and written answers theretoStep Two decision, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. A representative of the Employee Relations Office will contact the arbitrator within ten if available. b. Within thirty (1030) working days of the execution of this Agreement, the parties shall mutually agree upon a panel of not less than five (5) arbitrators. Each member of the panel shall serve in turn as the sole arbitrator for a given case. Where a member of the panel is unable to serve, the next member in sequence shall then serve. In the event the parties are unable to agree upon a panel of arbitrators within thirty (30) days, arbitrators shall be selected on a case-by-case basis under the selection procedure of the Public Employment Relations Commission until such time as the parties agree upon a panel. All panel arbiters must agree, in advance, as a condition for being placed on the panel, to accept a fee of no more than $1000 per day, and to impose a fee of no more than $500 for a cancellation by either party without good cause. c. The arbitrator shall conduct a hearing to determine the facts and render a decision in writing to the parties. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement or laws of the State, or any written policy of the State or subdivision thereof not inconsistent with this Agreement, or to determine any dispute involving the exercise of a management function which is within the authority of the State as set forth in Article 1.C., Management Rights, and shall confine his or her decision solely to the interpretation and application of this Agreement. He or she shall confine themselves to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him or her, nor shall he or she submit observations or declaration of opinions which are not essential in reaching the determination. The decision or award of the arbitrator shall be final and binding consistent with applicable law and this Agreement. In no event shall the same question or issue be the subject of arbitration more than once. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Agreement, provided such remedy is permitted by law and is consistent with the terms of this Agreement. Any remedy ordered by an arbitrator will not have retroactive affect beyond thirty (30) days from the date the grievance was filed, except that payroll errors and related matters shall be corrected to the date of selection error. The fees and expenses of the arbitratorarbitrator shall be divided equally between the parties. Either party may make a verbatim record through a certified transcriber. Such a record is to be made at the requesting parties’ expense. However, if both parties want a copy of the transcript, the cost of the transcript and the reporter shall be shared equally between the parties. The cost of any transcript (or copy thereof) requested by the Arbitrator shall be shared equally between the parties. Any other cost of this proceeding including the cost of recording shall be borne by the party incurring the cost. d. The arbitrator shall hold the hearing at a time and place convenient to the parties within thirty (30) calendar days of his acceptance to act as arbitrator and shall issue his or her decision within thirty (30) days after the close of the hearing. e. Whenever a grievance which is to be resolved at Step Three, Arbitration, is based on a provision of this Agreement in which the power or authority of the arbitrator is specifically limited to an advisory award, that limit shall be observed and all the provisions of paragraphs b, c and d above shall be operable except that the award and opinion shall be advisory and not binding on the parties. However, absent a particular exception the provisions of the grievance procedure above shall be operable. f. Representatives of the Governor's Office of Employee Relations, the applicable state department or agency and the Union may meet to resolve grievances that are appealed to arbitration. Local Union representatives and department representatives may participate in the meetings.

Step Three - Arbitration. 1) If the Union is not satisfied with the answer at Step Two of the grievance procedure, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty ten (2010) working days of the second step meeting meeting, or within ten (10) working days of the last day of mediation in order for the grievance to be properly referred for arbitration. . 2) Within five (5) working days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx Xxxx Xxxxxx XxXxxxxxx Xxxxxxx XxXxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working days, at which time, it will reconvene and attempt to agree upon an arbitrator. . 3) If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to by the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. . 4) Within five (5) working days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers thereto, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. . 5) A representative of the Employee Relations Office will contact the arbitrator within ten (10) working days of the date of selection of the arbitrator.

Step Three - Arbitration. ‌ 1) If the Union is not satisfied with the answer at Step Two of the grievance procedure, or does not wish to accept the recommendation of the mediator (if the grievance has been referred to Mediation), then the Union may submit the matter to arbitration by notifying the Employee Relations Office in writing that the answer is not satisfactory and the Union is requesting arbitration. Such notice must be received in the Employee Relations Office within twenty ten (2010) working days of the second step meeting meeting, or within ten (10) working days of the last day of mediation in order for the grievance to be properly referred for arbitration. . 2) Within five (5) working days after the date on which the Employee Relations Office received the Union’s notice of intent to arbitrate the Union and the University will meet to select an arbitrator from the panel of arbitrators shown below. Xxx Xxxxxx Xxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx Xxxx Xxxxxx XxXxxxxxx Xxxxxxx XxXxxxxx Xxxxx Xxxxxxx Xxxxxxx Xxxx Xxxx Xxxxx Xxxxxx XxXxxxxxx Xxxxx Xxxxxxx Xxx Xxxxxx If either the Union or the University request, the meeting may be adjourned for a period of up to two (2) working days, at which time, it will reconvene and attempt to agree upon an arbitrator. . 3) If the Union and the University cannot agree upon an arbitrator, the party bringing the grievance shall request a list of seven (7) names of arbitrators to be given to the University and Union by the Michigan Employment Relations Commission. If either party is dissatisfied with the list, it may, within three (3) working days after receipt, reject the list and request a new list of seven (7) arbitrators. Lists submitted to by the Michigan Employment Relations Commission shall not contain the names of arbitrators who in the last ten (10) years have been members of, employed by, retained by, or associated with the University or the Union. . 4) Within five (5) working days after the parties have received a list of seven (7) arbitrators which has not been rejected under this Agreement, the Union and the University shall meet for the purpose of determining an arbitrator. If the Union and University cannot mutually agree on one (1) arbitrator submitted on the list, or otherwise, the Union shall then strike one (1) name. The University shall then strike one (1) name and the parties shall continue alternately striking one (1) name in this order until one (1) name remains which has not been struck. The name remaining shall be the arbitrator. The representatives of the Union and the University shall then sign a paper stating the name of the arbitrator selected and the party bringing the grievance shall forward the paper, a copy of the contract, and the grievance and written answers thereto, to the organization submitting the list of arbitrators which will be forwarded to the arbitrator. . 5) A representative of the Employee Relations Office will contact the arbitrator within ten (10) working days of the date of selection of the arbitrator. 6) Fees of the Arbitrator‌ The fees and approved expenses of an arbitrator shall be paid by the party not prevailing in the award as determined by the Arbitrator. The party requesting a cancellation or postponement of arbitration hearings is responsible for all fees and expenses of the arbitrator associated with the cancellation or postponement.‌ 7) Power of the Arbitrator The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement; nor shall the arbitrator, in deciding a case where the arbitrator feels there is conflict between the agreement and law, vary from interpreting the Agreement; nor shall the arbitrator in deciding a case imply into the agreement provisions which are not in the written terms of the agreement; nor shall the arbitrator substitute the arbitrator's discretion for that of the University or the Union; nor shall the arbitrator exercise any responsibility or function of the University or the Union; nor shall the arbitrator imply into the grievance issues not expressly written into the grievance. Management reserves all rights as expressed in Section 12 unless expressly limited or prohibited by this agreement. The arbitrator is prohibited from ruling on any issue unless it is expressly limited or prohibited by this written agreement. 8) Attendance All employees who have knowledge of an event may be required to testify. Witnesses may be excused and returned to work before and after they testify.