Common use of Four - Arbitration Clause in Contracts

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 remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. The decision of the Arbitrator will be final and binding on all parties to this Agreement, except as may be otherwise provided in the Civil Service Rules and Regulations. Arbitration decisions shall not be appealed to the Civil Service Commission, except as may be provided by the Civil Service Rules and Regulations. When the Arbitrator declares a bench decision, such decision shall be rendered in writing within fifteen (15) calendar days from the date of the arbitration hearing. The written decision of the Arbitrator shall be rendered within thirty (30) calendar days from the closing of the record of the hearing.

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 there upon 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 quarterly each calendar 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, 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 remain subject to and subordinate to the limitations and restrictions on subject matter and personal jurisdiction in the Civil Service Rules and Regulations. The decision of the Arbitrator will be final and binding on all parties to this Agreement, except as may be otherwise provided in the Civil Service Rules and Regulations. Arbitration decisions shall not be appealed to the Civil Service Commission, except as may be provided by the Civil Service Rules and Regulations. When the Arbitrator declares a bench decision, such decision shall be rendered in writing within fifteen (15) calendar days from the date of the arbitration hearing. The written decision of the Arbitrator shall be rendered within thirty (30) calendar days from the closing of the record of the hearing.