Common use of Answer Clause in Contracts

Answer. The appeal to arbitration will consist of a written notice to the Office of the State Employer and the affected Department. Within ten (10) weekdays of the receipt of the Union’s notice, the Office of the State Employer shall request arbitration in accordance with the procedures specified herein. Within thirty days after approval of this Agreement the Union and the Office of the State Employer shall simultaneously exchange the names of eight (8) labor arbitrators (who are members of the National Academy of Arbitrators, or on the American Arbitration Association, the Federal Mediation and Conciliation Service or Michigan Employee Relations Commission Rolls). Each party shall then have the right to strike five names from the other party’s list. The remaining names shall be the pool of arbitrators to be used for all grievances. Any arbitrator nominated by both parties shall serve on the panel. Should a selected arbitrator decline to serve on the panel, the party proposing the name may submit another name of an arbitrator to be considered by the other party. Once the panel is established the names will be listed in alphabetical order. Assignments shall be in a rotational order. The Office of the State Employer shall provide copies of the request for arbitration to the affected Department and the Union. Each request for arbitration shall require that the Arbitrator schedule and hold the hearing within sixty (60) calendar days of receipt of the request for arbitration. The parties shall set aside normal business in order to schedule and hold the hearing within this time frame. By mutual written agreement, the parties may waive the sixty (60) calendar day time limit. Upon receipt of notice from the Arbitrator that the sixty (60) calendar day time limit cannot be met, the Office of the State Employer shall send a second request for arbitration to the next Arbitrator on the list. The Arbitrator will conduct the hearing in accordance with the Commercial Arbitration Rules and Mediation Procedures of the Rules of the American Arbitration Association (AAA), except as otherwise provided for in this Agreement The Arbitrator’s authority will be confined to the specific written provisions of this Agreement. The Arbitrator shall have no authority to add to, subtract from, modify, ignore, or otherwise amend any term of this Agreement and Civil Service Rules or Regulations. The authority of the Arbitrator shall remain subject to and subordinate to the limitations and restrictions on subject matters and personal jurisdiction in the Civil Service Rules and Regulations. Employees who can provide relevant and material testimony shall be subject to subpoena by the Arbitrator. Except as provided in the Civil Service Rules and Regulations, the Arbitrator’s ruling will be binding on both parties. During January of each year the Union has the right to remove one Arbitrator from the panel and the Office of the State Employer has the right to remove one Arbitrator from the panel. The Union and the Office of the State Employer will mutually agree upon the replacement Arbitrator(s).