Common use of Step 3 - Arbitration Clause in Contracts

Step 3 - Arbitration. If the Union is not satisfied with the Step 2 response, the Union may submit a notice to the District to proceed with the grievance to arbitration within twenty-one (21) calendar days of the Step 2 decision. The Arbitrator shall be selected in the following manner: The parties shall submit a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohio. The parties shall alternately strike the names of the Arbitrators until only one (1) name remains. Either party may reject the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that shall be final and binding on both parties. The Arbitrator shall not have the authority or power to add to, subtract from, disregard, alter, or modify any of the express terms or provisions of this Agreement. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The requesting party shall be responsible for paying court reporter fees; however, such fees shall be split equally if both parties desire a reporter or request a copy of the transcript.

Step 3 - Arbitration. If the Union is not satisfied with the Step 2 response, the Union may submit a notice to the District to proceed with the grievance to arbitration within twenty-one fourteen (2114) calendar days of the Step 2 decision. The Arbitrator shall be selected in the following manner: The parties party that wishes to move the grievance forward shall submit a written request to the Federal Mediation and Conciliation Service to submit a panel list of seven (7) arbitrators from Ohio. The That party shall also be responsible for any filing costs. Once a list is received, both parties shall alternately strike the names of the Arbitrators until only one (1) name remains. Either party may reject the list, and request from FMCS another list of seven (7) names, until a mutually agreed arbitrator is selected. Both parties may exercise this option one time in any one grievance. The parties may, at any time, mutually agree to an alternate arbitration service or method of selection of an Arbitrator. The Arbitrator will conduct a hearing, following which he will make a written award that shall be final and binding on both parties. The Arbitrator shall not have the authority or power to add to, subtract from, disregard, alter, or modify any of the express terms or provisions of this Agreement. The Arbitrator shall expressly confine himself to the precise issue(s) submitted for arbitration and shall, absent mutual agreement of the parties, have no authority to determine any other issue not so submitted. The Arbitrator shall not change wage rates already in effect pursuant to this Agreement. Except to the extent modified by this Agreement, no decision by an Arbitrator shall be inconsistent with law. The Arbitrator shall hear only one (1) grievance at a time unless both parties agree to consolidate two (2) or more grievances. The issue of arbitrability may be submitted to the Arbitrator before the merits of the grievance are heard. The costs of the services of the Arbitrator, the fee of the Arbitrator and the Arbitrator’s housing and lodging, if any, shall be shared equally by the parties. The expense of any non-employee witnesses shall be borne, if at all, by the party calling that witness. The requesting party shall be responsible for paying court reporter fees; however, such fees shall be split equally if both parties desire a reporter or request a copy of the transcript.