Fourth Step - Arbitration Sample Clauses
The 'Fourth Step - Arbitration' clause establishes that disputes unresolved by prior negotiation or mediation steps must be submitted to binding arbitration. In practice, this means that if parties cannot settle their disagreement through earlier dispute resolution methods outlined in the contract, they are required to present their case to a neutral arbitrator or arbitration panel, whose decision will be final and enforceable. This clause ensures that there is a definitive and efficient mechanism for resolving disputes, thereby avoiding prolonged litigation and providing certainty for both parties.
Fourth Step - Arbitration. If the Association is not satisfied with the disposition of the grievance at Step Three, the Association may submit the grievance to final and binding arbitration through the American Arbitration Association, which shall act as the administrator of the proceedings. If a demand for arbitration is not filed within thirty (30) calendar days of the date for the Step Three answer, then the grievance shall be deemed withdrawn. Neither the Board nor the Association shall be permitted to assert any new grounds or evidence before the arbitrator, which were not previously disclosed to the other party. The fees and the expenses of the arbitrator shall be shared equally by the parties. The arbitrator shall have no power to alter the terms of this Agreement.
Fourth Step - Arbitration. A. Within thirty (30) days after receipt of the decision of the Board of Education the Union shall notify the Board of their intent to arbitrate. The parties shall attempt to select an arbitrator. If one is not selected within thirty (30) days from the notice of intent to arbitrate, the Union shall proceed under the auspices and rules of the American Arbitration Association.
B. Any arbitrator selected shall have only the functions set forth herein. The scope and extent of the jurisdiction of the arbitrator shall only extend and be limited to those grievances arising out of and pertaining to the respective rights of the parties within the four (4) corners of this agreement and pertaining to the interpretation thereof. He shall be without power or authority to make any decision contrary to or inconsistent with or modifying or varying in any way the terms of this Agreement or of applicable laws or rules or regulations having the force and effect of law.
C. Fees and approved expenses of an arbitrator will be paid by the parties equally.
D. To the extent that the laws of the State of Michigan permit, it is agreed that any arbitrator's decision shall be final and binding on the Union and its members, the employee or employees involved and the Employer and that there shall be no appeal from any such decision unless such decision shall extend beyond the limits of the powers and jurisdiction herein conferred upon such arbitrator.
Fourth Step - Arbitration. A. Within five (5) working days after receipt from the Board of Education the Union may appeal the decision binding arbitration under the auspices and rules of American Arbitration Association.
B. Any arbitrator selected shall have only the functions set forth herein. The scope and extent of the jurisdiction of the arbitrator shall only extend and be limited to those grievances arising out of and pertaining to the respective rights of the parties within the four (4) corners of this Agreement and pertaining to the interpretation thereof. He/she shall be without power or authority to make any decision, contrary to or inconsistent with or modifying or varying in any way, the terms of this Agreement or of applicable laws or rules or regulations having the force and effect of law.
▇. ▇▇▇▇ and approved expenses of an arbitrator will be paid by the parties equally.
D. To the extent that the laws of the State of Michigan permit it is agreed that any arbitrator's decision shall be final and binding on the Union and its members, the employee or employees involved and the Employer and that there shall be no appeal from any such decision unless such decision shall extend beyond the limits of the powers and jurisdiction herein conferred upon such arbitrator.
Fourth Step - Arbitration. A. Within thirty (30) calendar days after receipt of the Employer's answer at Step 3, the Union may move the grievance to arbitration by notifying the Employer of their intent to arbitrate. The parties shall then attempt to mutually select an arbitrator.
B. If within thirty (30) calendar days from the Union's notice of intent to arbitrate, an arbitrator has not been mutually selected, the grievance may then be appealed to the American Arbitration Association to be processed in accordance with its voluntary labor arbitration rules.
C. Any arbitrator selected shall have only the functions set forth herein. The scope and extent of the jurisdiction of the arbitrator shall only extend and be limited to those grievances arising out of and pertaining to the respective rights of the parties within the four (4) corners of this agreement and pertaining to interpretation thereof. He/she shall be without power or authority to make any decision, contrary to or inconsistent with or modifying or varying in any way, the terms of this agreement or of applicable laws or rules or regulations having the force and effect of law.
D. Fees and approved expenses of an arbitrator will be paid by the parties equally.
E. To the extent that the laws of the State of Michigan permit, it is agreed that any arbitrator's decision shall be final and binding on the Union and its members, the employee or employees involved and the Employer, and that there shall be no appeal from any such decision unless such decision shall extend beyond the limits of the powers and jurisdiction herein conferred upon such arbitrator.
Fourth Step - Arbitration. A. The Association may submit the grievance to arbitration before an impartial arbitrator within 25 calendar days after receipt of a decision of the Board if the decision is not acceptable. If the parties cannot mutually agree as to the arbitrator within five (5) calendar days from the notification date that arbitration will be pursued, he shall be selected by the American Arbitration Article IV - 4 Association in accord with its rules which shall likewise govern the arbitration proceeding. The Board and the Association shall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The fees and expenses, only of the arbitrator, shall be paid by the losing party. Each party shall assume its own cost of representation.
B. It shall be the function of the arbitrator, and he shall be empowered, except as his powers are limited below, after due investigation, to make a decision in cases of alleged violation, misapplication, or misinterpretation of the specific articles and sections of this Agreement.
1. He shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
2. He shall have no power to establish salary scales or change any salary as specified in the Agreement.
3. He shall have no power to rule on any of the following: The termination of services or failure to re-employ any teacher to a position on the extra-curricular schedule.
4. He shall have no power to change any practice, policy, or rule of the Board unless such practice, policy or rule is an alleged violation, misinterpretation, or misapplication of the express articles or sections of this Agreement. It is understood that any matter not specifically set forth in the Agreement remains within the reserved rights of the Board.
C. Both parties agree to be bound by the decision of the arbitrator if the award is within his authority as specified in this Article. It is further agreed that either party may appeal the arbitrator's decision or award to a court of competent jurisdiction or refuse to be bound by said award or decision if the arbitrator has exceeded his authority or if there is evidence of fraud.
D. The time limits provided in this Article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Boa...
Fourth Step - Arbitration. In the event the parties are unable to arrive at a mutually acceptable solution to the grievance or if the mediation step was bypassed, and the Union wishes to appeal the matter to arbitration, it shall notify the Human Resources/Labor Relations Director or designee of its intent within thirty (30) calendar days of the receipt of summary from Human Resources, file a Demand for Arbitration with the appropriate Arbitrator on the arbitration panel. Such arbitration hearing shall be held in accordance with the rules of the American Arbitration Association then in effect. The parties shall select an Arbitrator from the following mutually agreed upon panel of Arbitrators on a rotating basis: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ The Arbitrators shall be placed on the panel in alphabetical order. The first Arbitrator selected shall be the Arbitrator whose name is at the top of the list. After an Arbitrator has been assigned a grievance from the Parties, his/her name shall be placed at the bottom of the list. The Arbitrator whose name is at the top of the list shall be assigned the next grievance, and so on. If a selected Arbitrator is not able to hear a grievance, his/her name shall remain in the same place on the list and the next Arbitrator on the list shall be selected. This procedure shall continue until an Arbitrator is selected. Local 2775 shall submit the grievance and notification to the City and the AFSCME Council 25. AFSCME Council 25 Arbitration Department shall review the grievance on its merits. AFSCME Council 25 shall submit approved cases to the appropriate Arbitrator within 30 calendar days from the date of notice by Local 2775 to the City. AFSCME Council 25 Arbitration Department shall track selection of the Arbitrators from the approved panel of Arbitrators. When an Arbitrator is selected, the Parties shall jointly ask the Arbitrator to provide a hearing date (or dates) as soon as possible. If the Arbitrator is unable to offer a hearing date within six (6) months of selection, the Parties may, by mutual agreement, select the next Arbitrator on the list if that Arbitrator is available to hear the grievance sooner. This process shall continue through the list to assign the grievance to the closest date after the six (6) month target. AFSCME Council 25 Arbitration Department shall coordinate the setting of dates with the City’s Human Resources/Labor Relations Director, or designee. The Union and the City may mutually ...
Fourth Step - Arbitration. 3-3.1. If the parties are unable to resolve their differences at the Third Step, within ten (10) working days after receipt of the decision of the Chief Executive Officer, the UNION only may advance the dispute to arbitration. The parties shall utilize the Federal Mediation and Conciliation Service for arbitration under its rules of any grievance which alleges that there has been a violation, misinterpretation or misapplication of any provision of this Agreement. Following the advancement of a grievance to arbitration and prior to the hearing, upon agreement of the parties, a grievance may be submitted to voluntary mediation before a neutral person. The cost of the mediation shall be shared equally by the parties.
Fourth Step - Arbitration. If the grievance is not settled in the Third Step, the Union may give written notice of arbitration to the Executive Director within sixty (60) business days of the deadline for the Third Step written response. The parties will meet promptly to discuss the possibility of mediation or other pre-arbitration resolution. If the parties are unable to agree on a mediator or arbitrator within an additional ten (10) calendar days of such notice, the matter will be submitted to arbitration under American Arbitration Association rules, in the event of discharge on an expedited basis. The arbitrator’s award will be final and binding on all parties. The arbitrator shall have no power to add to, subtract from, alter, amend, or modify any of the terms and provisions of this Agreement, and shall have no power to impose any new agreement or any renewal or extension of this Agreement. The Union and Employer will share equally in the arbitrator’s fees and expenses.
Fourth Step - Arbitration. In the event the grievance is unresolved after being processed through the steps of the grievance procedures, the Union may, within ten (10) working days after receiving notification of the Commissioner of Human Resources’ decision, submit the grievance to Arbitration. Upon filing a demand for Arbitration through PERB, the Union shall communicate its intention to proceed to arbitration to the Director or the Director’s designee. The expense of the arbitration shall be shared equally by the County and the Union. All other expenses incurred shall be paid by the party incurring them. The decision of the arbitrator shall be final and binding on the parties to this Agreement. The arbitrator shall, when making said decision, have no power to add to, subtract from, or modify the specific provisions of this Agreement.