Step 4 - Arbitration Sample Clauses

Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Medical Center Chief Administrative Officer or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from Washington and Oregon and the parties shall alternate in striking names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneysfees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.
Step 4 - Arbitration. If a grievance still exists after Step 3, the association shall file a written request for arbitration with the Public Employment Relations Board and with the board secretary. The written request must be filed within fourteen (14) calendar days of receipt of the Step 3 disposition. PERB shall provide a list of seven (7) names. Each party may request a list from PERB one time. The parties shall determine by lot which party has the right to remove the first name from the list. The parties shall alternately strike one name until only one name remains. The person whose name remains shall be the arbitrator. Names shall be struck within ten (10) calendar days of receipt of the list. The arbitrator selected will confer with the representatives of the association and the employer, hold a hearing promptly, and issue a written decision. The arbitrator’s decision shall be issued not later than thirty (30) calendar days from the close of the hearing, or if briefs are to be filed, from the date that final briefs are submitted. The arbitrator’s decision shall be in writing and shall set forth findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision that is in violation of the terms of this agreement. The arbitrator’s decision shall be final and binding on both parties. The costs for the arbitrator and the costs of any meeting room shall be shared equally by the employer and the association. All other costs will be borne by the party incurring them.
Step 4 - Arbitration. In the event the grievance is not settled at STEP 3, the grieving party may appeal, within twenty (20) working days of the said judge's answer or failure to answer, to arbitration. The Employer and the Union shall mutually select the Arbitrator. The arbitration procedures under this contract, including the selection of an Arbitrator, in the event the parties are not able to mutually agree on an Arbitrator, shall be conducted under the voluntary rules and regulations of the American Arbitration Association. The Arbitrator shall proceed as promptly as possible to hear the controversy between the parties. The decision of the Arbitrator shall be binding and final on both parties. The Arbitrator's decision on any matter properly submitted as a grievance for dispute must be based upon an interpretation of the provisions of this Agreement or any supplemental agreements entered into between the Employer and the Union. The Arbitrator shall have no authority to require the Employer to purchase buildings or new equipment. The Arbitrator shall have no power to add to or subtract from or modify the terms and conditions of this Agreement. The Arbitrator's fees and the expense of arbitration shall be shared equally by the Employer and the Union. However, each party shall bear their own expenses in connection with the arbitration.
Step 4 - Arbitration. If the grievance is not satisfactorily settled at Step 2, the Union has twenty (20) days from the date of the Step 2 written statement or Step 1 response, to file for arbitration, by sending a Notice of Intent to Arbitrate to the Director of Human Resources. If the Union fails to request arbitration within this time limit, the grievance shall be deemed not eligible to go to arbitration. The Notice of Intent to Arbitrate shall identify the name of the Arbitrator selected by the procedure set forth below.
Step 4 - Arbitration. If no settlement has been reached in Step 3, the grievance may be submitted to arbitration within ten (10) calendar days of receipt of the superintendent’s decision. The Employer and the Council shall immediately thereafter select an arbitrator to hear the dispute. If the Employer and the Council are not able to agree upon an arbitrator within ten (10) workdays after receipt by the Employer of the demand for arbitration, the parties may request a list of five
Step 4 - Arbitration. 6.5.1 Should either Party have opted to bypass Step 3 or declined to accept the recommendation of the Investigator then the grieving Party may advance the matter to a single arbitrator for a final and binding decision. Notice of advancement must be in writing to the University President and to the Union within twenty (20) working days of receiving the decision at Step 2 or within twenty (20) working days of receiving the recommendation from the Investigator.
Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration.
Step 4 - Arbitration. 6.3.4.1 If the grievance is not resolved at Step 3, and if it involves a complaint that there has been a violation, misinterpretation or misapplication of any provision(s) of this agreement, the Union may, at its option, submit the grievance to the American Arbitration Association for appointment of an arbitrator by written notice delivered to the Superintendent or to the Union President as the case may be, and the American Arbitration Association ten (10) workdays after receipt of the answer in Step 3. If no such notices are given within the ten (10) workday period, the answer from Step 3 shall be final and binding on the Union, the employee(s) involved and the Board.