Voluntary and Binding Arbitration Clause Samples
The Voluntary and Binding Arbitration clause establishes that disputes between the parties will be resolved through arbitration rather than litigation, and that the outcome will be final and enforceable. Typically, this means that if a disagreement arises, both parties agree to submit their case to a neutral arbitrator or panel, whose decision they must accept without further appeal to the courts. This clause streamlines dispute resolution, reduces legal costs, and provides a private, efficient alternative to traditional court proceedings.
Voluntary and Binding Arbitration. If the grievant chooses to submit the appeal to voluntary binding arbitration, he/she shall sign a waiver indicating he/she acknowledges that the decision of the arbitrator is final, except as provided in the Uniform Arbitration Act, and cannot be appealed. If the waiver is not filed within ten working days of the appeal being filed at Step 2, it shall be presumed that the grievant does not wish to participate in voluntary binding arbitration, and the appeal shall be processed through the State Personnel Board hearing process.
Voluntary and Binding Arbitration. The arbitrator's scope of review shall be to determine whether or not term(s) of this Contract has/have been violated, and whether the Agency's action was taken in good faith and for cause. Arbitration hearings shall be informal and the rules of evidence shall not apply. The parties may be represented by attorneys in arbitration hearings. In cases involving discipline, the agency shall present its case first, and in all other cases the grievant shall present his/her case first. The decision of the arbitrator shall be final and may not be appealed. The arbitrator shall decide the grievance in question based upon the issues presented in the written grievance filed pursuant to the grievance procedure. The arbitrator may interpret relevant provisions of this Contract and apply them to the particular case presented to him/her, but the arbitrator shall have no authority to add to, subtract from, or in any way modify the terms of this Contract or any agreements made supplementary hereto. The arbitrator shall have the authority to order reinstatement and to award back pay. The fee and expenses of an arbitrator employed by the Administrator of the DAS Employee Relations Division shall be borne equally by the parties. Arbitrators shall be selected from lists developed and mutually agreed upon by NAPE/AFSCME and the Administrator of the DAS Employee Relations Division. If the parties cannot agree upon an arbitrator, a method of alternate striking of names shall be employed. If an arbitrator was selected prior to the Step 3 appeal for an objection to discovery hearing pursuant to Section 4.9.5, the same arbitrator shall hear the Step 3 appeal.