Common use of Standing Arbitrator Clause in Contracts

Standing Arbitrator. Effective January 1, 2024, on discharge and suspension cases only, an impartial arbitrator will sit as a fifth (5th) Panel member of the UPS Local 710 Grievance Committee who shall hear all testimony and receive evidence with the UPS Local 710 Grievance Committee. The impartial arbitrator shall render a bench decision only if, and after, the UPS Local 710 Grievance Committee deadlocks the discipline grievance. The Arbitrator’s decision shall be final and binding on the parties. The Employee will be notified of the arbitrator’s decision the following business day. Within fourteen (14) days of ratification of this Agreement, the parties shall jointly request from the Federal Mediation and Conciliation Service (FMCS) a panel consisting of 25 arbitrators who are members of the National Academy of Arbitrators who shall agree, if mutually selected by the parties, to be part of a permanent panel of five (5) arbitrators. The arbitrators will rotate each month in serving as the fifth (5th) Panel member. The initial selection of the arbitrators for the permanent panel shall be made by the ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. After receiving the arbitrators’ schedules for the upcoming year, the parties will meet in November of each year to mutually establish the rotating schedule of arbitrators for the upcoming calendar year. No later than November 1 of each calendar year, either party may notify the other party of its intent to remove one of the arbitrators from the permanent panel effective January 1 of the following year. An arbitrator may also be removed from the permanent panel at any time upon the mutual written agreement of the parties. When choosing a replacement arbitrator for the permanent panel, the arbitrator shall be selected from a list of seven (7) arbitrators who are members of the National Academy of Arbitrators to be furnished by the FMCS. Selection for the replacement arbitrator shall be made by ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. When choosing a replacement arbitrator, either party may reject a panel in its entirety one time. For purposes of this subsection only, the arbitrator’s fees and expenses shall be borne equally by the parties. The procedure of using an impartial arbitrator shall be reviewed yearly and may be amended by mutual agreement of the parties, or canceled by either the Union or Company upon thirty (30) days notice prior to the end of the calendar year. No attorneys shall be allowed at the UPS Local 710 Grievance Committee. All deadlocked cases not covered by this Section shall be resolved in accordance with the procedure set forth in Section 1 (G).

Standing Arbitrator. Effective January 1, 2024, on discharge and suspension cases only, an impartial arbitrator will sit as a fifth (5th) Panel member of the UPS Local 710 Grievance Committee who shall hear all testimony and receive evidence with the UPS Local 710 Grievance Committee. The impartial arbitrator shall render a bench decision only if, and after, the UPS Local 710 Grievance Committee deadlocks the discipline grievance. The Arbitrator’s decision shall be final and binding on the parties. The Employee will be notified of the arbitrator’s decision the following business day. Within fourteen (14) days of ratification of this Agreement, the parties shall jointly request from the Federal Mediation and Conciliation Service (FMCS) a panel consisting of 25 arbitrators who are members of the National Academy of Arbitrators who shall agree, if mutually selected by the parties, to be part of a permanent panel of five (5) arbitrators. The arbitrators will rotate each month in serving as the fifth (5th) Panel member. The initial selection of the arbitrators for the permanent panel shall be made by the ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. After receiving the arbitrators’ schedules for the upcoming year, the parties will meet in November of each year to mutually establish the rotating schedule of or arbitrators for the upcoming calendar year. No later than November 1 of each calendar year, either party may notify the other party of its intent to remove one of the arbitrators from the permanent panel effective January 1 of the following year. An arbitrator may also be removed from the permanent panel at any time upon the mutual written agreement of the parties. When choosing a replacement arbitrator for the permanent panel, the arbitrator shall be selected from a list of seven (7) arbitrators who are members of the National Academy of Arbitrators to be furnished by the FMCS. Selection for the replacement arbitrator shall be made by ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. When choosing a replacement arbitrator, either party may reject a panel in its entirety one time. For purposes of this subsection only, the arbitrator’s fees and expenses shall be borne equally by the parties. The procedure of using an impartial arbitrator shall be reviewed yearly and may be amended by mutual agreement of the parties, or canceled by either the Union or Company upon thirty (30) days notice prior to the end of the calendar year. No attorneys shall be allowed at the UPS Local 710 Grievance Committee. All deadlocked cases not covered by this Section shall be resolved in accordance with the procedure set forth in Section 1 (G).