Common use of Arbitrator Decisions Clause in Contracts

Arbitrator Decisions. A. Upon timely receipt by the College of the Association’s written notice of its desire to take a grievance to arbitration, the parties shall have five (5) working days within which to attempt to select a mutually acceptable party to act as arbitrator. If the parties fail to agree within this period on an arbitrator who is able and willing to serve, they shall jointly request the Oregon State Conciliation Division of the Employment Relations Board to submit a list of seven (7) disinterested persons who are qualified and willing to act as an impartial arbitrator. Both the Association and the College shall have the right to strike two names from the list. A flip of the coin shall determine which party shall strike first. The remaining name on the list shall be that of the arbitrator. B. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. At that hearing each party shall have the right to present evidence, examine and cross-examine witnesses, make a record and file arguments. C. Expenses of the arbitrator shall be borne by the losing party, while each party shall be responsible for its own expenses, including compensating its own witnesses and representative. D. The arbitrator shall have authority to consider only a claim which is based upon a specific provision of this Agreement and shall have no right to modify, detract from or add to this Agreement. They shall act solely in a judicial, not a legislative capacity, interpreting and/or applying the express language of a specific provision or provisions of this Agreement and shall not decide on the merits or wisdom of any action or failure to act by the College, but only on the contractual obligations inherent in this Agreement. Any decision of the arbitrator within the scope of this Agreement shall be final and binding on the College, the Association and the employee or employees involved. If the matter sought to be arbitrated does not involve an interpretation or application of the express language of this Agreement, the arbitrator shall so rule and make no further decision, in which event the expenses of the arbitrator shall be borne by the Association.

Arbitrator Decisions. A. Upon timely receipt by the College of the Association’s written notice of its desire to take a grievance to arbitration, the parties shall have five (5) working days within which to attempt to select a mutually acceptable party to act as arbitrator. If the parties fail to agree within this period on an arbitrator who is able and willing to serve, they shall jointly request the Oregon State Conciliation Division of the Employment Relations Board to submit a list of seven (7) disinterested persons who are qualified and willing to act as an impartial arbitrator. Both the Association and the College shall have the right to rightto strike two names from the list. A flip of the coin shall determine which party shall strike first. The remaining name on the list shall be that of the arbitrator. B. The designated arbitrator shall set a time and place for hearing which is agreeable to both parties. At that hearing each party shall have the right to present evidence, examine and cross-examine witnesses, make a record and file arguments. C. Expenses of the arbitrator shall be borne by the losing party, while each party shall be responsible for its own expenses, including compensating its own witnesses and representative. D. The arbitrator shall have authority to consider only a claim which is based upon a specific provision of this Agreement and shall have no right to modify, detract from or add to this Agreement. They He/she shall act solely in a judicial, not a legislative capacity, interpreting and/or applying the express language of a specific provision or provisions of this Agreement and shall not decide on the merits or wisdom of any action or failure to act by the College, but only on the contractual obligations inherent in this Agreement. Any decision of the arbitrator within the scope of this Agreement shall be final and binding on the College, the Association and the employee or employees involved. If the matter sought to be arbitrated does not involve an interpretation or application of the express language of this Agreement, the arbitrator shall so rule and make no further decision, in which event the expenses of the arbitrator shall be borne by the Association.