Availability of Arbitration Sample Clauses

Availability of Arbitration. If arbitration is not available to review disciplinary determinations of the town, the Town and/or the Union may submit any dispute arising out of the interpretation of the terms of this Agreement or either party’s obligations under this Agreement, other than a dispute concerning discipline of an employee or a group of employees, to arbitration for final and binding review. However, arbitration is not available to the Union until the parties have exhausted the grievance procedure in Section B of this article. The party seeking arbitration must provide the other party with a written notice of intent to arbitrate within thirty (30) calendar days from the determination or incident giving rise to the dispute. Thereafter, the party seeking arbitration shall file a Demand for Arbitration with the Public Employment Relations Board (PERB) in accordance with its rules and regulations. All decisions rendered in the arbitration shall be final and binding. No arbitrator functioning under these procedures shall have any power to amend, modify or delete any provisions of the Collective Bargaining Agreement.
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Availability of Arbitration. The provisions of the remainder of this Article 8 shall be available only with respect to Disputes as to which the parties have attempted but failed to arrive at resolution by use of the procedures set forth in section 8.1.
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Related to Availability of Arbitration

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

  • Terms of Arbitration The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Notice of Arbitration If a Person asserts that there exists a Dispute, then such Person (the “Disputing Person”) will give each other Person involved in such Dispute a written notice setting forth the nature of the asserted Dispute. If all such Persons do not resolve any such asserted Dispute prior to the 10th business day after such notice is given, then any of them may commence arbitration pursuant to this Paragraph 19 by giving each other Person involved in such Dispute a written notice to that effect (an “Arbitration Notice”), setting forth any matters which are required to be set forth therein in accordance with the AAA Rules.

  • Conduct of Arbitration a) The seat of the arbitration shall be at New Delhi, India.

  • Place of Arbitration Any arbitration under this Part shall, at the request of any party to the dispute, be held in a state that is party of the New York Convention. Claims submitted to arbitration under this Part shall be considered to arise out of a commercial relationship or transaction for purpose of Article 1 of the New York Convention.

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

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