Common use of Xxxxxxx Arbitration Clause in Contracts

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.