Common use of Election to Arbitrate Clause in Contracts

Election to Arbitrate. Section 4.1 Within twenty-eight (28) calendar days from the date of the written decision at Step 3, either party may elect to submit a grievance, which is otherwise subject to arbitration under the terms of this Agreement, to arbitration. The election shall be by written notice. The written notice shall state the specific grievance and issue to be arbitrated, the contractual provision(s) involved and the remedy sought. The parties will mutually attempt to select an arbitrator. If the parties are unable to mutually select an arbitrator, the parties shall jointly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services (“FMCS”). If the list is not satisfactory to either party, a new list can be requested. Each party is limited to requesting one (1) additional list. The parties shall each strike one (1) name from the list until one (1) name remains and that person shall arbitrate the dispute. If no application has been made to the FMCS within ninety (90) calendar days from the date of the written decision at Step 3, the dispute will be considered closed and the grievance shall not be arbitrable. The compensation and expenses of the arbitrator and the general administrative expenses of the arbitration shall be borne equally by the Company and the Union. Each party shall be responsible for payment for time consumed by and the expenses of its representatives and witnesses.

Election to Arbitrate. Section 4.1 5.1 Within twenty-eight (28) calendar days from the date of the written decision at Step 3, either party may elect to submit a grievance, which is otherwise subject to arbitration under the terms of this Agreementagreement, to arbitration. The election shall be by written notice. The written notice shall state the specific grievance and issue to be arbitrated, the contractual provision(s) involved and the remedy sought. The parties will mutually attempt to select an arbitrator. If the parties are unable to mutually select an arbitrator, the parties shall jointly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services (“FMCS”). If the list is not satisfactory to either party, a new list can be requested. Each party is limited to requesting one (1) additional list. The parties shall each strike one (1) name from the list until one (1) name remains and that person shall arbitrate the dispute. If no application has been made to the FMCS within ninety (90) calendar days from the date of the written decision at Step 3, the dispute will be considered closed and the grievance shall not be arbitrable. The compensation and expenses of the arbitrator and the general administrative expenses of the arbitration shall be borne equally by the Company and the Union. Each party shall be responsible for payment for time consumed by and the expenses of its representatives and witnesses.

Election to Arbitrate. Section 4.1 5.1 Within twenty-eight (28) calendar days from the date of the written decision at Step 3, either party may elect to submit a grievance, which is otherwise subject to arbitration under the terms of this Agreementagreement, to arbitration. The election shall be by written notice. The written notice shall state the specific grievance and issue to be arbitrated, the contractual provision(s) involved and the remedy sought. The parties will mutually attempt to select an arbitrator. If the parties are unable to mutually select an arbitrator, the parties shall jointly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Services (“FMCS”). If the list is not satisfactory to either party, a new list can be requested. Each party is limited to requesting one (1) additional list. The parties shall each strike one (1) name from the list until one (1) name remains and that person shall arbitrate the dispute. If no application has been made to the FMCS within ninety (90) calendar days from the date of the written decision at Step 3, the dispute will be considered closed and the grievance shall not be arbitrable. The compensation and expenses of the arbitrator and the general administrative expenses of the arbitration shall be borne equally by the Company and the Union. Each party shall be responsible for payment for time consumed by and the expenses of its representatives and witnesses.