Step Three - Regular Arbitration Sample Clauses

Step Three - Regular Arbitration. Within twenty (20) days of the date of the step two decision the Union shall have the right to submit the matter to arbitration by informing the Director of Employee Services that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The initial panel of arbitrators and the process for removing, replacing and renewing the arbitrators on the panel shall be established by the mutual written agreement of the parties within thirty (30) days of the ratification of this Agreement or as soon thereafter as the parties are able to do so. Arbitrators shall be selected from the panel on a rotating basis. If a grievance is referred to arbitration before the parties are able to agree on the selection of a panel of arbitrators, the party referring the grievance to arbitration shall petition the Bureau of Mediation Services to provide a list of nine (9) qualified arbitrators from which the parties may select an arbitrator to hear the grievance. The Employer and Union shall select an arbitrator using the alternate strike method with the party exercising the first strike selected by coin flip. One representative of the Union, the Grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding, if during regular work hours. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the City, the Union and the affected employee(s). The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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Step Three - Regular Arbitration. Within twenty-one (21) days of the date of the Step Two decision the Federation shall have the right to submit the matter to arbitration by informing the Director of Labor Relations that the matter is to be arbitrated. If the grievance has progressed to Step Three without the Federation receiving a written Step Two decision from the Employer in accordance with the provisions of Section 11.04, the Federation may request that the matter proceed to arbitration by informing the Director of Labor Relations that the matter is to be arbitrated; If, after the matter has been referred to arbitration, the Federation has not sought to proceed to hearing, the Employer may at any time make a written inquiry of the Federation as to the status of the grievance. If the Employer makes such inquiry, the Federation shall have twenty-one (21) days from the date of such inquiry to make a written request to the Director of Labor Relations or their designee to assign an arbitrator under the process described below. Thereafter, the parties shall request from the arbitrator dates for a hearing on the matter. If the Federation fails to make a timely request that an arbitrator be assigned or, within twenty-one (21) days after receiving notice of the assignment of the arbitrator, does not participate in a good faith effort to schedule a hearing; the grievance shall no longer be subject to the grievance procedure. If the Employer fails to assign an arbitrator or, within twenty-one
Sample 1
Step Three - Regular Arbitration. Within twenty-one (21) of the date of the Step Two decision the Federation shall have the right to submit the matter to arbitration by informing the Director of Employee Services that the matter is to be arbitrated. If the grievance has progressed to Step Three without the Federation receiving a written Step Two decision from the Employer in accordance with the provisions of Section 11.04, the Federation may request that the matter proceed to arbitration by informing the Director of Employee Services that the matter is to be arbitrated; If, after the matter has been referred to arbitration, the Federation has not sought to proceed to hearing, the Employer may at any time make a written inquiry of the Federation as to the status of the grievance. If the Employer makes such inquiry, the Federation shall have twenty-one (21) days from the date of such inquiry to make a written request to the Director of Employee Services or his/her designee to assign an arbitrator under the process described below. Thereafter, the parties shall request from the arbitrator dates for a hearing on the matter. If the Federation fails to make a timely request that an arbitrator be assigned or, within twenty one (21) days after receiving notice of the assignment of the arbitrator, does not participate in a good faith effort to schedule a hearing; the grievance shall no longer be subject to the grievance procedure. If the Employer fails to assign an arbitrator or, within twenty one (21) days after receiving notice of the assignment of the arbitrator, does not participate in a good faith effort to schedule a hearing; the grievance shall be deemed sustained and the requested relief shall be granted. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators maintained in accordance with the Memorandum of Agreement attached hereto as Attachment H. Arbitrators shall be selected from the panel on a rotating basis. If a grievance is referred to arbitration and no arbitrators on the panel are available to hear the case, the party referring the grievance to arbitration shall petition the Bureau of Mediation Services to provide a list of seven (7) qualified arbitrators from which the parties shall select an arbitrator to hear the grievance. The Employer and Federation shall select an arbitrator using the alternate strike method with the party exercising the first strike selected by coin flip. In scheduling arbitration hearings,...
Sample 1

Related to Step Three - Regular Arbitration

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Medical Center Chief Administrative Officer or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from Washington and Oregon and the parties shall alternate in 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 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 and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, 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 Four - Arbitration In the event that the grievance is not satisfactorily adjusted at Step Three, arbitration may be requested. In order to proceed to arbitration, the Association representative must submit a request in writing within fifteen (15) days of receipt of the decision in Step Three. Within ten (10) days of the receipt of the request for arbitration the parties shall immediately attempt to select a mutually acceptable arbitrator from a list of seven (7) names, with experience in public education, requested from the State of California Mediation and Conciliation Services. If the parties are unable to agree upon an arbitrator within ten (10) days of receiving the list of arbitrators, the parties will alternately strike names until one name is left. The conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the State of California Mediation and Conciliation Service. Both parties agree that, subject to the provisions of the Code of Civil Procedures of the State of California, the arbitration award resulting from this procedure shall be final and binding on all parties.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Step Five – Arbitration a. When CRONA has requested arbitration in accordance with this Section, CRONA and a representative designated by the Employer shall attempt to reach Agreement on an arbitrator by informal discussion. If agreement has not been reached within five (5) working days of the request for arbitration, the arbitrator shall be selected from the following five (5) persons by the alternative striking of names, with the Employer striking first, until one remains, who shall be the arbitrator: Xxxxxxxxx Xxxx, Xxxxx Xxxxxxxxx Xxxxxxxx, Xxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxxxx Xxxxxxx, and Xxxxxxxx Xxxxxx. The first strike for arbitrators will be rotated between CRONA and the Employer.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Level IV - Arbitration Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to arbitration.

  • Mediation/Arbitration 1. If a dispute arises out of or relates to this warranty, or the breach thereof, and if said dispute cannot be settle through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this warranty, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

  • Level Three - Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, he/she may within three (3) days after the decision is rendered or within ten (10) days after the meeting with the Superintendent, request in writing to the Association that his/her grievance be submitted to arbitration.

  • Mandatory Arbitration ANY AND ALL DISPUTES OR CONTROVERSIES BETWEEN PARTICIPANT AND THE CORPORATION ARISING OUT OF, RELATING TO OR OTHERWISE CONNECTED WITH THIS AGREEMENT OR THE AWARD OF RESTRICTED STOCK UNITS EVIDENCED HEREBY OR THE VALIDITY, CONSTRUCTION, PERFORMANCE OR TERMINATION OF THIS AGREEMENT SHALL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION TO BE HELD IN THE COUNTY IN WHICH PARTICIPANT IS (OR HAS MOST RECENTLY BEEN) EMPLOYED BY THE CORPORATION (OR ANY PARENT OR SUBSIDIARY) AT THE TIME OF SUCH ARBITRATION. THE ARBITRATION PROCEEDINGS SHALL BE GOVERNED BY (i) THE NATIONAL RULES FOR THE RESOLUTION OF EMPLOYMENT DISPUTES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION AND (ii) THE FEDERAL ARBITRATION ACT. THE ARBITRATOR SHALL HAVE THE SAME, BUT NO GREATER, REMEDIAL AUTHORITY AS WOULD A COURT HEARING THE SAME DISPUTE. THE DECISION OF THE ARBITRATOR SHALL BE FINAL, CONCLUSIVE AND BINDING ON THE PARTIES TO THE ARBITRATION AND SHALL BE IN LIEU OF THE RIGHTS THOSE PARTIES MAY OTHERWISE HAVE TO A JURY TRIAL; PROVIDED, HOWEVER, THAT SUCH DECISION SHALL BE SUBJECT TO CORRECTION, CONFIRMATION OR VACATION IN ACCORDANCE WITH THE PROVISIONS AND STANDARDS OF APPLICABLE LAW GOVERNING THE JUDICIAL REVIEW OF ARBITRATION AWARDS. THE PREVAILING PARTY IN SUCH ARBITRATION, AS DETERMINED BY THE ARBITRATOR, AND IN ANY ENFORCEMENT OR OTHER COURT PROCEEDINGS, SHALL BE ENTITLED, TO THE EXTENT PERMITTED BY LAW, TO REIMBURSEMENT FROM THE OTHER PARTY FOR ALL OF THE PREVAILING PARTY’S COSTS, EXPENSES AND ATTORNEY’S FEES. HOWEVER, THE ARBITRATOR’S COMPENSATION AND OTHER FEES AND COSTS UNIQUE TO ARBITRATION SHALL IN ALL EVENTS BE PAID BY THE CORPORATION. JUDGMENT SHALL BE ENTERED ON THE ARBITRATOR’S DECISION IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OF SUCH DISPUTE OR CONTROVERSY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY IN AN APPROPRIATE MATTER APPLY TO A COURT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8, OR ANY COMPARABLE STATUTORY PROVISION OR COMMON LAW PRINCIPLE, FOR PROVISIONAL RELIEF, INCLUDING A TEMPORARY RESTRAINING ORDER OR A PRELIMINARY INJUNCTION. TO THE EXTENT PERMITTED BY LAW, THE PROCEEDINGS AND RESULTS, INCLUDING THE ARBITRATOR’S DECISION, SHALL BE KEPT CONFIDENTIAL.

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