Common use of Availability of Arbitration Clause in Contracts

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.

Availability of Arbitration. If arbitration Arbitration is not available to review disciplinary determinations of the town, 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.