Four - Arbitration a. If the grievant is not satisfied with the disposition of the grievance at Step Three, the teacher may ask the Association to refer the grievance to arbitration.
Four - Arbitration. A panel of Arbitrators are to serve to hear timely appeals to Step Four (4). Such Arbitrators shall be mutually selected by the Union and the Employer. After the expiration of the one hundred eighty (180) calendar day period following appointment of the Arbitration Panel, if any Arbitrator who has been appointed to the panel becomes unacceptable to either or both of the parties, appropriate written notice shall be sent to the Arbitrator and the other party, and he/she shall thereupon conclude his/her services. In addition to the agreed upon compensation to be paid for such services, the Arbitrator shall be entitled to necessary travel expenses incurred in connection with the performance of his/her arbitration duties. An Arbitrator's services shall be deemed concluded when he/she has rendered decisions on any grievances pending that have already been heard by him/her. The parties shall agree to a method for scheduling arbitration cases before individual Arbitrators on the panel. Scheduling meetings shall be held at least semi-annually, but not later than June 1 and December 1 of each year. If no agreement is reached, the Arbitrator shall be selected under the rules of the American Arbitration Association. When an Arbitrator is not available from the panel and unless agreement has already been reached on any preferred method of selection, the Arbitrator shall be selected and the hearing conducted under the rules of the American Arbitration Association. The Federal Mediation and Conciliation Service or Michigan Employee Relations Commission may be used by mutual agreement. Unless agreement is reached otherwise, the arbitration hearing shall be conducted pursuant to the rules of the American Arbitration Association. The expenses and fees of the Arbitrator and the cost of the hearing room, if any, shall be shared equally by the parties to the arbitration. The expenses of a court reporter shall be borne by the party requesting the reporter unless the parties agree to share the cost. The Arbitrator shall only have authority to adjust grievances in accordance with this Agreement. The Arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of the Civil Service Rules and Regulations and this Agreement and shall not make any award which in effect would grant the Union or the Employer any rights or privileges which were not obtained in the negotiation process. The authority of the Arbitrator shall rema...
Four - Arbitration. If the grievance remains unresolved at the conclusion of Step Three, it may be submitted for binding arbitration at the request of the Federation, provided written notice of the request for submission to arbitration is delivered to the Superintendent within nine calendar days after the date of receipt of the Superintendent's written decision at Step Three. Within seven calendar days after the date of the written notice to the Superintendent, the Federation must file a request for arbitration with the American Arbitration Association, or the grievance is closed. The arbitrator must then be selected according to the rules of the American Arbitration Association. The case shall be heard and presented in accordance with the rules of the American Arbitration Association. The arbitrator shall hear the grievance, if within the arbitrator's power, and shall render a decision in writing within thirty days from the close of the hearing. The arbitrator's decision shall be submitted in writing and shall set forth the arbitrator's findings and conclusions with respect to the issues submitted to arbitration.
Four - Arbitration. 1502 1. Invocation - Within ten (10) days after receipt of the previous 1503 decision, or within twenty (20) days of the previous step hearing if no 1504 response is forthcoming, the Union may invoke arbitration by filing a 1505 request for arbitration with the Federal Mediation and Conciliation Service 1506 (FMCS) and by delivering a copy of the request indicating their intentions 1507 to the Superintendent or designee in person or via certified mail, return 1508 receipt requested.
Four - Arbitration. A. If the decision at Step 3 does not resolve the grievance to the satisfaction of CASA, and the grievance relates to a violation, misinterpretation, or misapplication of the provisions of this Agreement, CASA may submit the grievance to the American Arbitration Association for arbitration in accordance with its administrative procedure, practices, and rules. Whether or not previously indicated at earlier steps, the provisions of the agreement which are involved shall be identified in the submission.
Four - Arbitration. 165 1. Invocation - Within ten (10) days after receipt of the previous 166 decision, or within twenty (20) days of the previous step hearing if no 167 response is forthcoming, the Union may invoke arbitration by filing a 168 request for arbitration with the Federal Mediation and Conciliation Service 169 (FMCS) and by delivering a copy of the request indicating their intentions 170 to the Superintendent or designee in person or via certified mail, return 171 receipt requested. 172 2. Arbitrator - The FMCS shall furnish a panel of seven (7) names. 173 Within five (5) days of receipt of the panel from the FMCS, either party 174 shall have the right to reject the first list provided before the striking out of 175 names occurs. Upon rejection of the first list, either party may request a 176 second panel of seven (7) names from the FMCS. Within five (5) days of 177 receipt of the second list from the FMCS, the parties shall meet to select 178 an arbitrator from the list by alternately striking three (3) names each, thus 179 leaving the seventh who shall be the impartial arbitrator. The parties shall 180 then promptly notify the FMCS and the selected arbitrator of his selection 181 and shall confer about appropriate dates for the hearing(s).
Four - Arbitration. If the grievance remains unresolved after Step 3, the Union may notify the University, within twenty (20) working days that the grievance will proceed to arbitration. The filing party shall request a list of seven (7) potential arbitrators from the Oregon Employment Relations Board. Upon receipt of the list of names, the parties shall alternately strike names until one name remains. The final name shall be that of the arbitrator who shall hear the grievance. The party making the first strike will be determined by a coin toss. Decisions or awards rendered by the arbitrator shall be final and binding upon the Parties. The arbitrator's fees and expenses shall be equally shared between the Parties. The arbitrator shall first decide the issue to be arbitrated. Second, the arbitrator's jurisdiction shall be decided. If the arbitrator's jurisdiction/arbitrability of the matter is in dispute between the Parties, the arbitrator shall hear the arguments from Parties on the arbitrability question before deciding whether the arbitrator does or does not have jurisdiction to hear the merits of the case. Once the arbitrator has made a decision regarding the arbitrability of the case, that decision shall be announced. Should the arbitrator determine that they have jurisdiction over the matter, the arbitrator may normally proceed with a hearing on the merits of the case. Should the arbitrator determine that they do not have jurisdiction over the matter, the arbitrator shall not hear the matter or make any decision or recommendation regarding the merits of the issue without the mutual agreement of the Parties. Neither Party shall be obligated to the cover the cost of a reporter or transcript. However, if the arbitrator requests that a transcript be made of the hearing, then the costs of the transcript shall be considered a cost of the arbitration. The arbitrator shall have no authority to add to, subtract from or modify the terms of the contract. The arbitrator shall refrain from issuing any statement, opinion, or conclusions not essential to determination of the issue submitted. The arbitrator shall have no authority to award monetary penalties or damages. The arbitrator shall have the authority to make the bargaining unit member whole, but does not have the authority to direct that a bargaining unit member be reappointed, promoted, or awarded employment. The arbitrator shall have no authority to make any decision limiting or interfering in any way with the powers, duties,...
Four - Arbitration. 1. Invocation - Within ten (10) days after receipt of the previous decision, or within twenty
Four - Arbitration. If the grievance is still unresolved the Union has fifteen (15) working 12 days to request an arbitration hearing. The Union will give written notice to the Superintendent 13 or designee, of the Union’s intent to request an arbitration hearing of the grievance.
Four - Arbitration. 1. If the Faculty Council is not satisfied with the disposition of the grievance at Step Three or the Step Three-time limits expire without a written response from the President, then only the Faculty Council may submit the grievance to final and binding arbitration under the rules of the American Arbitration Association which will act as administrator of the proceedings.
