Common use of Formal Arbitration Clause in Contracts

Formal Arbitration. Disputes arising between BART and the Association regarding any grievance as defined in the first paragraph of this Section that the parties elect not to submit to the Review Board may be submitted to final and binding arbitration provided, however, that BART need not submit to arbitration, unless the District so elects, any grievance which deals solely with any Management rights decision or policy which affects the operation and conduct of the District’s business and which has no practical consequence or effect on the wages, hours, or other terms and conditions of employment of any employee covered by this Agreement. In the event the parties to this Agreement are unable to agree upon the selection of an arbitrator, then either party may request the California State Mediation and Conciliation Service to furnish a list of five (5) persons from which the arbitrator shall be selected. The parties shall within five (5) working days after the receipt of such list determine by lot the order of elimination and thereafter each shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person on the list shall be the arbitrator. The decision of the arbitrator shall be final and binding. In any arbitration held pursuant to the Agreement the person acting as arbitrator shall act in a judicial, not legislative manner. The arbitrator shall not amend, modify, nullify, ignore, add to or subtract from the provisions of the Agreement but, rather, shall interpret and apply its terms. The arbitrator shall consider and decide only the issue or issues agreed upon by the parties, including the issue of arbitrability. If the parties are unable to decide upon the issue or issues to be submitted to the arbitrator, the arbitrator shall decide what the issue or issues are, based upon the grievance that was filed. If the arbitrator sustains the grievance, he or she shall fashion an appropriate remedy that does not conflict with provisions contained in this Agreement. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceedings and all other expenses shall be paid by the party incurring them.

Formal Arbitration. Disputes arising between BART and the Association regarding any grievance as defined in the first paragraph of this Section that the parties elect not to submit to the Review Board may be submitted to final and binding arbitration provided, however, that BART need not submit to arbitration, unless the District so elects, any grievance which deals solely with any Management rights decision or policy which affects the operation and conduct of the District’s 's business and which has no practical consequence or effect on the wages, hours, or other terms and conditions of employment of any employee covered by this Agreement. In the event the parties to this Agreement are unable to agree upon the selection of an arbitrator, then either party may request the California State Mediation and Conciliation Service to furnish a list of five (5) persons from which the arbitrator shall be selected. The parties shall within five (5) working days after the receipt of such list determine by lot the order of elimination and thereafter each shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person on the list shall be the arbitrator. The decision of the arbitrator shall be final and binding. In any arbitration held pursuant to the Agreement the person acting as arbitrator shall act in a judicial, not legislative manner. The arbitrator shall not amend, modify, nullify, ignore, add to or subtract from the provisions of the Agreement but, rather, shall interpret and apply its terms. The arbitrator shall consider and decide only the issue or issues agreed upon by the parties, including the issue of arbitrability. If the parties are unable to decide upon the issue or issues to be submitted to the arbitrator, the arbitrator shall decide what the issue or issues are, based upon the grievance that was filed. If the arbitrator sustains the grievance, he or she shall fashion an appropriate remedy that does not conflict with provisions contained in this Agreement. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceedings and all other expenses shall be paid by the party incurring them.