Xxxxxxx Arbitration. Contractor shall establish a binding arbitration process for resolving disputes between bus drivers and Contractor that is expeditious, uses a neutral decision maker and is economical for all parties. Binding arbitration shall be made available to any bus driver who has successfully completed their probationary period. The scope of issues subject to this provision shall be limited to terminations, suspensions of more than three (3) days, and pay rate differences from the published rates in the “Employee Handbook”. Nothing in this paragraph is intended to preclude a Contractor from expanding the scope of issues subject to arbitration beyond those specified in this paragraph, or from expanding the number of days within which a grievance can be filed beyond the 10-day period specified below, whether pursuant to an agreement with a union representing drivers who perform work under the contract between MPS and Contractor or otherwise. A bus driver seeking binding arbitration shall notify the Contractor, in writing of his or her grievance within 10 days of the date the grievance arose, or within 10 days of the aggrieved bus driver, in exercise of reasonable diligence, should have known of the grievance. Absent agreement between the Contractor and the aggrieved employee (or his or her union, if the employee is represented) to proceed differently, any such arbitration shall be conducted as follows: the arbitrator shall be selected from a panel of Wisconsin Employment Relations Commission (“WERC”) arbitrators provided by the WERC or MPS approved alternate arbitration service, with costs shared equally by the bus driver (or his or her union) and the Contractor; subject to the arbitrator’s availability and schedule, the arbitration shall take place within 45 days of the date an arbitrator is selected; and, if the bus driver will represent himself or herself at the arbitration, such bus driver shall be permitted to contact the arbitrator to discuss issues of procedure prior to the hearing, as long as the Contractor is provided an opportunity to participate in any discussions. This binding arbitration requirement does not require a Contractor to allow bus drivers to arbitrate any matters or disputes other than those involving work under the Contractor’s contract with MPS.
Xxxxxxx Arbitration. If the decision of the Board does not resolve the grievance to the satisfaction of the employee grievant and she/he wishes a review by a third party, he shall so notify the Association within ten (10) school days of receipt of the Board's decision. If the Association determines that the matter should be reviewed further, it shall ask the Board to agree to a mutually acceptable arbitrator within twenty (20) school days of receipt of the Board's decision. In the event the parties are not able to agree on an arbitrator, the Association shall request the American Arbitration Association to submit a panel of arbitrators for mutual selection by the parties.
Xxxxxxx Arbitration. A party may pursue binding arbitration to enforce any term of this CBA that has allegedly been breached. A party may seek arbitration relief, and the arbitrator shall have the power to order, affirmative equitable and or affirmative injunctive relief, temporary or permanent, requiring a defaulting party to comply with this CBA. The parties hereto agree that monetary damages would be an inadequate remedy for any breach of this CBA. With the exception of an order by the arbitrator to a party to pay sums it has agreed to pay under this CBA, monetary damages shall in no circumstances be available as a remedy for default of this CBA. Arbitration shall be conducted in St. Louis, Missouri under the rules of the American Arbitration Association, by an arbitrator mutually agreed to by the parties. Each party to bear its own fees and other costs.
Xxxxxxx Arbitration. If the employee disagrees with the decision reached by the City Manager, they may submit a written request to the Human Resources Department within ten (10) calendar days from the date the decision was rendered. The City shall request a list of seven (7) arbitrators, who are licensed as attorneys in the state of California, from the State Mediation and
Xxxxxxx Arbitration. 9.1. Defendant and the Xxxxxxx Plaintiffs-Intervenors agree to vacatur of the January 28, 2014 and September 11, 2014 orders issued by the arbitration Panel in the Xxxxxxx Arbitration. Within five days of execution of this Settlement Agreement (or if the fifth day falls on a weekend or a federal holiday, then on the next business day thereafter), Defendant and the Xxxxxxx Plaintiffs-Intervenors shall jointly submit a mutually-agreed upon form of vacatur to the arbitration Panel. Consistent with paragraph 9.4, the Xxxxxxx Plaintiff-Intervenors and Defendant agree to reinstate the orders if the Settlement Agreement does not become Final.
Xxxxxxx Arbitration. Permanent employees who receive a long-term suspension or are demoted or terminated may, after the Xxxxxx hearing, appeal the discipline by submitting it to binding arbitration. Arbitration shall be conducted as follows: If the parties cannot mutually choose an arbitrator, the parties will select the names of five (5) arbitrators from the Federal Mediation and Conciliation Service. The parties will flip a coin. The winner shall choose the first name and so on until one name is left who shall be the arbitrator. The arbitrator must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. Limited discovery may be conducted in the arbitration proceeding upon a showing of good cause and the approval of the arbitrator. Unless the employee and the City stipulate to the contrary, prior to the appointment of the arbitrator, all disputes shall first be submitted to non-binding mediation, conducted by a neutral mediator. The parties shall split the cost of all fees charged for such mediation and arbitration proceedings. The arbitrator’s decision is final and binding.
Xxxxxxx Arbitration. The parties hereby agree that any and all claims, disputes or controversies arising from or related to this Agreement, whether existing at or arising after the effective date of the Agreement, shall be submitted to binding arbitration under the Delaware Rapid Arbitration Act, 10 Del. C. §§ 5801 et seq. (“DRAA”). Absent a written agreement signed by all parties hereto amending, waiving or modifying the rules for DRAA arbitrations adopted by the DRAA and the Delaware courts (the “Arbitration Rules”), the DRAA and the Arbitration Rules shall govern all aspects of the arbitration. In no event shall class arbitration be permitted, and the arbitrator shall have no authority to conduct any class arbitration. The parties knowingly and voluntarily consent to the waiver of any rights resulting from this Arbitration Provision or application of the DRAA or the Arbitration Rules. The parties agree that arbitration shall be the sole and exclusive forum for resolving disputes subject to this Arbitration Provision. In the event a party initiates litigation in
Xxxxxxx Arbitration. If not satisfied with the decision at the previous level, the grievant as an alternate to appealing to the Board of Education may, within five (5) days, submit a request in writing to the Association for binding arbitration of the dispute. The Association, by written notice to the Certificated Human Resources Department Administrator, may submit the grievance to binding arbitration, within ten (10) working days of receipt from grievant. In addition to notifying the Certificated Human Resources Department Administrator of their intent to move the grievance to arbitration, the Association will within the same ten
