Final Stage - Arbitration Clause Samples
Final Stage - Arbitration. Failing a settlement at second stage or at the meeting convened to deal with a Policy grievance, then within twenty (20) days of the receipt of an answer at second stage either Party may notify the other in writing of its intention to take the grievance to arbitration. In general, it is intended that grievances which are not resolved at the second stage shall be submitted to a single arbitrator, however, either Party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply.
Final Stage - Arbitration a. Upon written request by the Union, an arbitrator shall hear a grievance which has been processed in accordance with the provision of this Article, but not satisfactorily resolved at the Third Stage. The arbitrator will be selected under the rules of the American Arbitration Association (AAA).
b. The Union must notify the College, and AAA, in writing of its intent to proceed to arbitration within twenty-one (21) calendar days of the President or Designee issuing the Third Stage response.
c. Any grievance falling under Article XXXII (Grievance) of this Agreement (that is, any grievance which complains of a violation, misinterpretation, or misapplication of any provision of this Agreement) shall be subject to final and binding arbitration. The arbitrator shall confine the opinion to the sole question of whether or not there has been a violation, misinterpretation or misapplication of any provision of this Agreement. The arbitrator shall give no opinion with respect to any matter left by this Agreement or by law to the discretion of the Board or Administration. The arbitrator's award shall be final and binding upon its delivery to both of the parties.
d. Compensation and necessary expenses of the arbitrator shall be shared equally by the College and the Union. Each party shall make arrangements for and pay the compensation and expenses of witnesses called by that party. All other expenses, such as expenses of attorneys, other participants or observers, documents, etc., shall be borne by the party incurring them. The arbitrator shall have no right or power to add to, subtract from, modify, change or disregard any of the provisions of this Agreement, or to change existing wage rates or establish a new wage rate.
e. The arbitration clause of this grievance procedure shall not be used to resolve impasses in the negotiation of a successor collective bargaining agreement.
f. Any agreement reached through the grievance procedure must be implemented as soon as conditions and circumstances make possible. When conditions and circumstances permit, such a decision shall be implemented within thirty (30) calendar days.
Final Stage - Arbitration. If the Union is dissatisfied with the decision of the Board, the Union may refer the matter to arbitration by delivering written notice of its desire to arbitrate to the Chairperson of the Board within ten (10) working days after the Union's receipt of the decision of the Board. The arbitrator shall be selected, and the arbitration shall be conducted, under the rules of the American Arbitration Association. The fees and expenses of the arbitrator shall be shared equally by the Board and the Union.
Final Stage - Arbitration i) If the two (2) parties are unable to agree at the second stage, then within fifteen
Final Stage - Arbitration. If the two (2) parties are unable to agree at third stage, then within ten (10) days of receipt of an answer at third stage, the Union must notify the Corporation in writing of its intention to take the grievance to Arbitration. Grievances which are not resolved at the third stage shall be submitted to a Single Arbitrator.
Final Stage - Arbitration a. Upon written request by the Union, an arbitrator shall hear a grievance which has been processed in accordance with the provision of this Article, but not satisfactorily resolved at the Third Stage. The arbitrator will be selected, and the arbitration will be conducted, pursuant to the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”), except to the extent those Rules are contrary to the provisions of this Article, in which case the provisions of this Article shall govern.
b. The Union must notify the College, and AAA, in writing of its intent to proceed to arbitration within twenty-one (21) calendar days of the President or Designee issuing the Third Stage response.
c. The arbitrator shall issue a written opinion, in the manner and within the time limits provided by the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. The arbitrator shall issue his or her opinion based on evidence received, both documentary and through oral testimony. The arbitrator shall make rulings concerning the admissibility of all evidence. The Michigan Rules of Evidence shall govern the admissibility of all evidence. The hearing shall be at the Southfield, Michigan, office of AAA (or as close thereto as possible) unless the parties mutually agree otherwise. The decision of the arbitrator shall be final and binding on all parties, the Employee involved, the College and the Union.
d. Compensation and necessary expenses of the arbitrator shall be shared equally by the College and the Union. Each party shall make arrangements for and pay the compensation and expenses of witnesses called by that party. All other expenses, such as expenses of attorneys, other participants or observers, documents, etc., shall be borne by the party incurring them. The arbitrator shall have no right or power to add to, subtract from, modify, change or disregard any of the provisions of this Agreement, or to change existing wage rates or establish a new wage rate.
Final Stage - Arbitration. If the Association is dissatisfied with the decision of the President or designee, the Association may refer the matter to arbitration by delivering written notice of its desire to arbitrate to the President or designee within ten (10) working days after the Association's receipt of the decision of the President. The Association must then deliver written notice to the American Arbitration Association of its desire to arbitrate postmarked within thirty (30) calendar days after delivering such notice to the President. The arbitrator shall be selected, and the arbitration shall be conducted, under the rules of the American Arbitration Association. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. The arbitrator shall confine the opinion to the sole question of whether or not there has been a violation, misinterpretation, or misapplication of any provision of this Agreement. The arbitrator shall give no opinion with respect to any matter left by this Agreement or by law to the discretion of the Board or administration. The arbitrator's award shall be final and binding on the fifteenth (15th) day following its delivery to both parties. At any step in the grievance procedure, representatives from the Association may be present. A grievance not initiated, or taken from one step to the next, within the time limits above specified, shall not be considered. A grievance not answered within the time limits above specified may be referred by the administrator to the next step within the same time limits as would have pertained had the grievance been timely answered. Time limits may be extended by mutual written agreement of both parties.