Selecting an Arbitrator. The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.
Selecting an Arbitrator. This Exhibit A mandates Arbitration under the then current rules of the Judicial Arbitration and Mediation Service (JAMS) regarding employment disputes. The arbitrator shall be either a retired judge or an attorney experienced in employment law and licensed to practice in the state in which arbitration is convened. The parties shall select one arbitrator from among a list of three qualified neutral arbitrators provided by JAMS. If the parties are unable to agree on the arbitrator, each party shall strike one name and the remaining named arbitrator shall be selected.
Selecting an Arbitrator. The Port and the Union mutually agree that either Party to this Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) persons who are qualified and available to serve as arbitrators for the dispute involved. The Parties agree to equally split any costs associated with obtaining a list of arbitrators from FMCS. Within ten (10) days of receipt of the FMCS list, the Parties will jointly select an arbitrator from the list by alternately striking one (1) arbitrator on the list until the final remaining arbitrator is selected as the arbitrator for the particular hearing. The Parties shall determine first initiative through a coin flip. The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue or issues presented; and shall confine his/her decision solely to the interpretation, application, or enforcement of this Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted to him/her for arbitration, and shall not have the authority to determine any other issue(s) not so submitted to him/her. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Union, and the Port. The fees and expenses of the arbitrator shall be equally split between the Parties; otherwise, each Party shall pay its own fees, expenses, and costs, including attorney fees, witness compensation, and transcript requests.
Selecting an Arbitrator. The parties will select an arbitrator by mutual agreement or by alternately striking names from the list of arbitrators, and will follow the Labor Arbitration Rules of the American Arbitration Association (AAA) unless they agree otherwise in writing.
Selecting an Arbitrator. If the organization administering the arbitration so permits, either party may nominate any person(s) for consideration as an arbitrator. If the parties do not mutually agree on an arbitrator, a list of nine (9) neutral potential arbitrators will be submitted to the parties by the arbitration administrator. From that list, the Company and you will each have the opportunity to strike up to three names and “rank” their preference for the remaining names, and the arbitration administrator shall select a neutral arbitrator that is highest ranked by both parties and not stricken by either party.
Selecting an Arbitrator. If a grievance has been processed through Step 2 of the grievance procedure and the parties have not resolved such grievance the Union may select either the FMCS or the PERC to settle the dispute. If FMCS is selected, the parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the FMCS. This will apply to the first five (5) grievances filed after July 1, 2019. The next five (5) grievances not resolved at Step 2, in which the Union seeks arbitration to settle the dispute, the Employer will select either the FMCS or PERC. This approach will continue with the Union selecting between FMCS or the PERC on the next five (5) consecutive grievances, followed by the Employer selecting on the next five (5) grievances, unresolved at Step 2 and the Union desires to proceed to arbitration. Grievances settled between the parties, prior to an arbitration award, will not count as one of the five (5) selections by either party. The method described above will continue until July 1, 2018 at which time the alternating process will begin again with the Union selection of the first five (5) grievances followed by the Employer and continue until June 30, 2019.