Common use of Final and Binding Arbitration Clause in Contracts

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, except, however, that the following subjects shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any job, except as provided in the contracting and subcontracting provision. 3. Any pension matter. The specific exceptions noted above are not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of the three names remaining on each list. The Director of Human Resources will notify the six named Arbitrators of their selection to serve on the Roster of Arbitrators. The Director of Human Resources will also ask the Arbitrators to advise the parties of their fees and expenses and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their fees and expenses will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty days of notice that a grievance is ready for arbitration and submit their decision within sixty days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two other Arbitrators from the National Academy of Arbitrators’ list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and the other party shall strike one name and the remaining Arbitrator shall be contacted by the Director of Human Resources to serve on the roster so each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, except, however, that the following subjects subject shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any jobjob where the tasks being performed on the job are no longer necessary, except as provided in or where the contracting and subcontracting provision. 3. Any pension matterBoard of Commissioners through the budget process eliminates or discontinues jobs. The specific exceptions exception noted above are is not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of forward the remaining three names remaining on each list. The the District’s list to the Director of Human Resources who will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty 60 days of notice that a grievance is ready for arbitration and submit their decision within sixty 60 days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two contact other Arbitrators from on the National Academy Roster of Arbitrators’ list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and provided by the other party shall strike one name and the remaining Arbitrator shall to obtain their agreement to be contacted by the Director of Human Resources to serve on the roster Roster of Arbitrators so that each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from of the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the DistrictLocal Union 9, and the employeeDistrict. The authority of the arbitrator shall be limited to the construction and application of the specific terms of this Agreement. He/she shall have no authority or jurisdiction directly or indirectly to add to, subtract from or amend any of the specific terms of this Agreement or to impose liability not specifically expressed herein. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced replace them with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, except, however, that the following subjects subject shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any jobjob where the tasks being performed on the job are no longer necessary, except as provided in or where the contracting and subcontracting provision. 3. Any pension matterBoard of Commissioners through the budget process eliminates or discontinues jobs. The specific exceptions exception noted above are is not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of forward the remaining three names remaining on each list. The the District's list to the Director of Human Resources who will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty 60 days of notice that a grievance is ready for arbitration and submit their decision within sixty 60 days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two contact other Arbitrators from on the National Academy Roster of Arbitrators’ ' list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and provided by the other party shall strike one name and the remaining Arbitrator shall to obtain their agreement to be contacted by the Director of Human Resources to serve on the roster Roster of Arbitrators so that each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s 's commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from of the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the DistrictLocal Union 9, and the employeeDistrict. The authority of the arbitrator shall be limited to the construction and application of the specific terms of this Agreement. He/she shall have no authority or jurisdiction directly or indirectly to add to, subtract from or amend any of the specific terms of this Agreement or to impose liability not specifically expressed herein. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced replace them with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application application, or enforcement of the provisions of this Agreement, except, however, that the following subjects shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any jobjob where the tasks being performed on the job are no longer necessary, except as provided in or where the contracting and subcontracting provision. 3. Any pension matterBoard of Commissioners through the budget process eliminates or discontinues jobs. The specific exceptions noted above are not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours hours, and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of the three names remaining on each list. The Director of Human Resources will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty days of notice that a grievance is ready for arbitration and submit their decision within sixty days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two other Arbitrators from the National Academy Roster of Arbitrators’ list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and the other party shall strike one name and the remaining Arbitrator shall be contacted by the Director of Human Resources to serve on the roster so each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, Agreement except, however, that the following subjects shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any jobjob where the tasks being performed on the job are no longer necessary, except as provided in or where the contracting and subcontracting provisionBoard of Commissioners through the budget process eliminates or discontinues jobs. 32. Any pension Pension matter. The specific exceptions noted above are not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and other conditions of employment as specifically set forthforth in this Agreement. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this the list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of the three names remaining on each the list. The Director of Human Resources will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty days of notice that a grievance is ready for arbitration and submit their decision within sixty days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two contact other Arbitrators from the National Academy Roster of Arbitrators’ list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and provided by the other party shall strike one name and the remaining Arbitrator shall to obtain their agreement to be contacted by the Director of Human Resources to serve on the roster Roster of Arbitrators so that each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee(s). The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee. Upon renewal of the Agreement, Agreement each party has the right to remove three Arbitrators arbitrators from the Roster roster of Arbitrators arbitrators and those removed Arbitrators shall be replaced replace them with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application or enforcement of the provisions of this Agreement, except, however, that the following subjects shall not be submitted nor subject to binding arbitration:. 1. Provisions The elimination or discontinuance of any job where the Agreement which relate to tasks being performed on the job are no longer necessary, or in any manner affect where the obligations Board of Commissioners through the District as expressed budget process eliminates or intended by the provisions of applicable Illinois Statutesdiscontinues jobs. 2. The elimination or discontinuance of any job, except as provided in the contracting and subcontracting provisionManagement Rights section. 3. Any pension Pension matter. The specific exceptions noted above are not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, Indiana or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of the three names remaining on each list. The Director of Human Resources will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty 60 days of notice that a grievance is ready for arbitration and submit their decision within sixty 60 days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, Arbitrators or later withdraws, the party which selected the Arbitrator will then select two contact other Arbitrators from the National Academy Roster of Arbitrators’ list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and provided by the other party shall strike one name and the remaining Arbitrator shall to obtain their agreement to be contacted by the Director of Human Resources to serve on the roster Roster of Arbitrators so that each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.

Final and Binding Arbitration. Arbitration may be resorted to only when issues arise between the parties hereto with reference to the interpretation, application application, or enforcement of the provisions of this Agreement, except, however, that the following subjects shall not be submitted nor subject to binding arbitration: 1. Provisions of the Agreement which relate to or in any manner affect the obligations of the District as expressed or intended by the provisions of applicable Illinois Statutes. 2. The elimination or discontinuance of any jobjob where the tasks being performed on the job are no longer necessary, except as provided in or where the contracting and subcontracting provision. 3. Any pension matterBoard of Commissioners through the budget process eliminates or discontinues jobs. The specific exceptions noted above are not intended to limit the right of the Union to proceed to final and binding arbitration in disputes affecting the entitlement of employees to existing and establishing wages, hours hours, and conditions of employment as specifically set forth. The parties agree that the Director of Human Resources will contact the National Academy of Arbitrators for a listing of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin. Once this list is obtained, a copy will be given to the Union. Both parties will then select from this list six Arbitrators that each party wants to serve on the Roster of Arbitrators. The parties will then exchange lists and strike three names from the list of the other party. The District and the Union will notify each other of the three names remaining on each list. The Director of Human Resources will notify then send a written request to each of the six named Arbitrators of their selection and ask him/her to serve on the Roster of Arbitrators. The Director of Human Resources Arbitrators will also ask the Arbitrators to advise the parties of their fees and expenses prior to selection and notify the Arbitrators that they will be expected to charge such fees and expenses. Payment of their Arbitrator fees and expenses expenses, including the cost of the transcription service, will be borne equally by both parties. Arbitrators will also be told that they will have to select a date for arbitration within sixty days of notice that a grievance is ready for arbitration and submit their decision within sixty days following such hearing. If any selected Arbitrator refuses to be on the Roster of Arbitrators, or later withdraws, the party which selected the Arbitrator will then select two other Arbitrators from the National Academy Roster of Arbitrators’ ' list of Academy Arbitrators who reside in Illinois, Indiana, or Wisconsin and the other party shall strike one name and the remaining Arbitrator shall be contacted by the Director of Human Resources to serve on the roster so each party will have a full complement of three selected Arbitrators on the Roster of Arbitrators. These Arbitrators will then be listed in alphabetical order on a list retained by both the Director of Human Resources and the Union. As grievances become ready for arbitration, Arbitrators will be contacted in an alphabetical order to obtain an Arbitrator’s 's commitment to arbitrate the respective grievances within the stated time limit. Arbitrators will be contacted by the Director of Human Resources in an alphabetically rotating manner within seven (7) days from the date the grievances are submitted to the arbitration process. The parties may agree to submit more than one grievance to a selected Arbitrator. The Arbitrator’s 's authority shall be limited to making a decision on the grievance in question which conforms with the terms of this Agreement. The Arbitrator shall have no right to add to, take from, or modify any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding upon the Union, the District, and the employee. Upon renewal of the Agreement, each party has the right to remove three Arbitrators from the Roster of Arbitrators and those removed Arbitrators shall be replaced with other Arbitrators selected from the ranks of the National Academy of Arbitrators, in accordance with the procedures given in this Section of the Agreement. Arbitrators will continue to be listed on the Roster of Arbitrators until removed in this manner.