Common use of Board of Arbitrators Clause in Contracts

Board of Arbitrators. The panel of arbitrators will be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the United States Federal Mediation and Conciliation Service (USFMCS) within thirty (30) working days of the signing of the Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS. The selected arbitrator will be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time, and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator will be submitted to the Employer and to the Association and will be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, or eliminate any of the terms of this Agreement. The Arbitrator can only modify a penalty or other management action by finding a contractual violation. The arbitrator shall have the power to return a grievant to employee status with or without restoration of back pay, or mitigate the penalty if the arbitrator determines there has been a contractual violation. Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party shall be free to take whatever action it deems necessary within the confines of this agreement.

Appears in 2 contracts

Samples: Bargaining Agreement, Collective Bargaining Agreement

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Board of Arbitrators. The panel of arbitrators will be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the United States Federal Mediation and Conciliation Service (USFMCS) within thirty (30) working days of the signing of the Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS. The selected arbitrator will be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time, and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator will be submitted to the Employer and to the Association and will be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, or eliminate any of the terms of this Agreement. The Arbitrator can only modify a penalty or other management action by finding a contractual violation. The arbitrator shall have the power to return a grievant to employee status with or without restoration of back pay, or mitigate the penalty if as equity suggests under the arbitrator determines there has been a contractual violationfacts. Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party shall be free to take whatever action it deems necessary within the confines necessary, and such action will not be considered in violation of this agreement.

Appears in 1 contract

Samples: Bargaining Agreement

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Board of Arbitrators. The panel of arbitrators will be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the United States Federal Mediation and Conciliation Service (USFMCS) within thirty (30) working days of the signing of the Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six six- month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS. The selected arbitrator will be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time, and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator will be submitted to the Employer and to the Association and will be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, or eliminate any of the terms of this Agreement. The Arbitrator can only modify a penalty or other management action by finding a contractual violation. The arbitrator shall have the power to return a grievant to employee status with or without restoration of back pay, or mitigate the penalty if the arbitrator determines there has been a contractual violation. Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party shall be free to take whatever action it deems necessary within the confines of this agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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