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 individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to one

Non-Traditional Arbitration. The parties 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 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 individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to oneone (1) witness each in this forum. 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 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 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 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 individual progressivity purposes only, unless mutually agreed otherwise by the parties. Where the parties mutually agree, grievances may be identified as being ripe for resolution through such arbitration mechanisms and may be scheduled accordingly. Since the vehicle for resolution is non- non-traditional in nature and the traditional notions of proof may not apply, the Union shall present to the Employer a signed waiver by each grievant in disciplinary grievances of more than five (5) day fines or suspension whereby the grievant agrees to be bound by the decision. Except for patient/client related cases, in disciplinary grievances of five (5) day fines or suspension or less, and non-selection grievances where the sole issue is whether an employee met the minimum qualifications for the position, non-traditional arbitration is mandatory, unless mutually agreed otherwise. In disciplinary grievances adjudicated in this forum, there shall be no mediation unless mutually agreed. The Employer and the Union are limited to oneone (1) witness each in this forum. 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 or the grievant. The Union and Office of Collective Bargaining may jointly decide to take issue grievances to non-traditional arbitration.