Common use of Arbitration Selection and Authority Clause in Contracts

Arbitration Selection and Authority. For dismissal grievances refer to Section 10 of this Article. Within fifty-five (55) calendar days of receipt of OUS’s response at Step 3 by the Union’s Legal Department, the Union shall notify the Federal Mediation and Conciliation Service (FMCS) of the dispute and request a list of arbitrators that shall be specifically limited to Oregon, Washington and Idaho arbitrators. (During the term of the 2013- 15 Agreement, the parties shall attempt to reach agreement on a permanent panel of arbitrators and a process for using such arbitrators, in lieu of the current FMCS selection process. In the absence of agreement on such a panel and process, the current selection process will be retained.) A copy of such notice shall be sent concurrently to the OUS Office of General Counsel and the Human Resources Office for the university with which the grievance was initially filed. Selection of arbitrators and dates shall be in accordance with the rules of FMCS. The arbitration will be handled in accordance with the rules of FMCS. In the event the Union fails to notify FMCS within fifty-five (55) calendar days of receipt of the OUS Step 3 response, as specified above, the grievance shall be considered withdrawn and it cannot be resubmitted. The Union may request, and OUS may agree, to an additional thirty (30) calendar days in which to file a request to select an arbitrator. However, any additional time agreed to will not be used in calculating the Employer’s liability for any remedy awarded by an arbitrator.

Arbitration Selection and Authority. (A) For dismissal grievances refer to Section 10 11 of this Article. Within fifty-five (55) calendar days of receipt of OUS’s 's response at Step 3 by the Union’s Legal Department, the Union shall notify the Federal Mediation and Conciliation Service (FMCS) of the dispute and request a list of arbitrators that shall be specifically limited to Oregon, Washington and Idaho arbitrators. (During the term of the 2013- 15 Agreement, the parties shall attempt to reach agreement on a permanent panel of arbitrators and a process for using such arbitrators, in lieu of the current FMCS selection process. In the absence of agreement on such a panel and process, the current selection process will be retained.) A copy of such notice shall be sent concurrently to the OUS Chancellor’s Office of General Counsel and the Human Resources Office for the university with which the grievance was initially filed. Selection of arbitrators and dates shall be in accordance with the rules of FMCS. The arbitration will be handled in accordance with the rules of FMCS. In the event the Union fails to notify FMCS within fifty-five (55) calendar days of receipt of the OUS Step 3 response, as specified above, the grievance shall be considered withdrawn and it cannot be resubmitted. The Union may request, and OUS may agree, to an additional thirty (30) calendar days in which to file a request to select an arbitrator. However, any additional time agreed to will not be used in calculating the Employer’s liability for any remedy awarded by an arbitrator.