Arbitration Selection Process Sample Clauses
The Arbitration Selection Process clause defines the method by which parties choose an arbitrator or arbitration panel to resolve disputes arising under the agreement. Typically, this clause outlines steps such as each party nominating a candidate, jointly agreeing on a neutral arbitrator, or following the rules of a specified arbitration institution. For example, it may require that if the parties cannot agree, an independent body will appoint the arbitrator. The core function of this clause is to ensure a fair and efficient mechanism for selecting an impartial decision-maker, thereby preventing deadlock and reducing delays in resolving disputes.
Arbitration Selection Process. 1. Within 45 days after either party notifies the other of its desire for Arbitration, as provided herein, either party may request the Federal Mediation and Conciliation Service (FMCS), or its successor, in writing, to submit a list of either five (5) or seven (7) arbitrators from which the Union and the Company shall strike off the names on the list who are not acceptable and shall indicate an order of preference of those remaining. In the event all names are stricken from the list, the Union and the Company shall within ten (10) days of such action request the FMCS, or its successor, to provide a second list containing the names of five (5) or seven (7) arbitrators. The parties will then strike the names of the arbitrators until one (1) arbitrator remains that will then be designated to hear the dispute.
2. Grievances processed through Step 2 of the grievance procedure normally will be presented to the Arbitrator in the order that they are filed; however, the Union may indicate cases of high priority to be heard by the arbitrator out of normal order.
3. In the event a dispute should arise involving any classified information, the arbitrators must have a security clearance as required by DOE.
4. Cost of official transcripts of arbitration proceedings shall be at the expense of the requesting party, which shall include a copy furnished to the other party and the arbitrator .
5. Should one of the above arbitrators die, become incapacitated, or refuse to act, the parties thereto shall mutually agree upon a successor to the panel.
Arbitration Selection Process. The Company and the Union may stipulate the nature of the dispute and the issues involved jointly in one (1) stipulation or singly in separate stipulations. In the event that the parties stipulate the nature and issues of the dispute singly, a copy of such stipulation shall be furnished to the other party at the same time the stipulation is submitted to the arbitrator.
Arbitration Selection Process. 1. Within 45 days after either party notifies the other of its desire for Arbitration, as provided herein, either party may request the Federal Mediation and Conciliation Service (FMCS), or its successor, in writing, to submit a list of either five (5) or seven (7) arbitrators from which the Union and the Company shall strike off the names on the list who are not acceptable and shall indicate an order of preference of those remaining. In the event all names are stricken from the list, the Union and the Company shall within ten (10) days of such action request the FMCS, or its successor, to provide a second list containing the names of five (5) or seven (7) arbitrators. The parties will then strike the names of the arbitrators until one (1) arbitrator remains that will then be designated to hear the dispute.
2. Grievances processed through Step 2 of the grievance procedure normally will be presented to the Arbitrator in the order that they are filed; however, the Union may indicate cases of high priority to be heard by the arbitrator out of normal order.