Common use of Non-Traditional Arbitration Clause in Contracts

Non-Traditional Arbitration. The parties agree to utilize a variety of non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties. Except for patient/client related cases, the grievances presented to the arbitrator under this Section will consist of disciplinary actions of five (5) days or less, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness. The arbitrator may ask questions of the witness and/or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.

Non-Traditional Arbitration. The parties may agree to utilize a variety of non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with written bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties. Except for patient/client related cases, the The grievances presented to the arbitrator under this Section will may, by mutual agreement, consist of disciplinary actions of suspensions or fines of five (5) days or lessless and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position. The Employer and the Association are limited to no more than two (2) witnesses each, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness. The arbitrator may ask questions of the witness and/or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue Disciplinary grievances to non-traditional arbitrationadjudicated in this forum shall not be mediated.

Non-Traditional Arbitration. The parties may agree to utilize a variety of non-non- traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with written bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties. Except for patient/client related cases, the The grievances presented to the arbitrator under this Section will may, by mutual agreement, consist of disciplinary actions of suspensions or fines of five (5) days or lessless and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position. The Employer and the Association are limited to no more than two (2) witnesses each, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness. The arbitrator may ask questions of the witness and/or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue Disciplinary grievances to non-traditional arbitrationadjudicated in this forum shall not be mediated.

Non-Traditional Arbitration. The parties may agree to utilize a variety of non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with written bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties. Except for patient/client related cases, the The grievances presented to the arbitrator under this Section will may, by mutual agreement, consist of disciplinary actions of suspensions or fines of five (5) days or lessless and non- selection grievances where the sole issue is whether an employee met the minimum qualifications for the position. The Employer and the Association are limited to no more than two (2) witnesses each, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness. The arbitrator may ask questions of the witness and/or the grievant. The Union and Office of Collective Bargaining may jointly decide Disciplinary grievances adjudicated in this forum shall not be mediated. Non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position shall be mediated prior to take issue grievances to being heard at non-traditional arbitration.

Non-Traditional Arbitration. The parties may agree to utilize a variety of non-traditional arbitration mechanisms. Such mechanisms may include but not be limited to, presentation of argument based on factual stipulations, presentation of argument without factual stipulations, and presentation of more than one case on a given day with written bench decisions being orally rendered by the arbitrator. The arbitrator shall issue a written decision to the parties by the end of the hearing day. Decisions issued pursuant to this procedure shall have precedence for progressivity purposes only or unless mutually agreed otherwise by the parties. Except for patient/client related cases, the The grievances presented to the arbitrator under this Section will may, by mutual agreement, consist of disciplinary actions of suspensions or fines of five (5) days or lessless and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position. The Employer and the Association are limited to no more than two (2) witnesses each, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation, and the Employer and the Union are limited to one (1) witness each. The grievant, chapter representative and staff representative are all parties to the proceeding; however, testimony will be limited to either the grievant or the union witness. The arbitrator may ask questions of the witness and/or the grievant. The Union and Office of Collective Bargaining may jointly decide Disciplinary grievances adjudicated in this forum shall not be mediated. Non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position shall be mediated prior to take issue grievances to being heard at non-traditional arbitration.