Step 6 - Arbitration Clause Samples
The 'Step 6 - Arbitration' clause establishes that disputes between the parties, after other resolution steps have failed, will be resolved through arbitration rather than litigation. Typically, this means that an independent arbitrator or panel will hear both sides and issue a binding decision, often following specific rules or procedures agreed upon in the contract. This clause provides a structured, private, and potentially faster alternative to court proceedings, aiming to resolve conflicts efficiently and reduce the costs and public exposure associated with lawsuits.
Step 6 - Arbitration. The Arbitrator shall convene a hearing at the earliest possible date for the purpose of hearing the grievance.
7.1. The Arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the specific written provisions of this Agreement. The Arbitrator shall only consider and make a decision with respect to the specific issue submitted by the Parties, and shall have no authority to make a decision on any other issue not so submitted. The Arbitrator shall provide the parties with his decision within thirty (30) days following the close of the hearing. The Arbitrator's decision shall be final and binding on all Parties as to the matter in dispute.
7.2. Nothing in this section limits the right of the Parties to be represented by legal counsel during the arbitration process.
7.3. Each Party shall pay the expenses of their own representatives, and they shall equally share the cost of the Arbitrator.
7.4. If either Party desires a verbatim record of the proceedings, it may cause a record to be made, providing it pays for the record and makes copies available without charge to the other Party and to the Arbitrator.
7.5. Any award recommended by the Arbitrator may be retroactive to the date the grievance was submitted at Step 1 or up to an additional five (5) days if the event occurred within this time period. In no case shall a grievance be deemed to have occurred prior to the effective date of this Agreement, except as specifically acknowledged and identified in writing by the parties on the date this Agreement is signed.
Step 6 - Arbitration a. If the grievance is not settled or disposed of at Step 4, within ten (10) working days the Union may submit the grievance to the Director of Human Resources for arbitration. The Arbitrator shall be selected from a panel provided by the State Mediation and Conciliations Service. The hearing shall be conducted in accordance with the rules and regulations of the American Arbitration Association unless the parties mutually agree to other rules or procedures for the conduct of such arbitration. The Arbitrator’s decision and award shall be final and binding on the parties unless the grievance is based solely on a department-wide policy or practice, in which case the matter may go to Step 6 as provided for below.
b. The fees and expenses of the Arbitrator shall be shared equally by the parties involved, it being understood and agreed that all other expense including, but not limited to, fees for witnesses, transcripts, and similar costs incurred by the parties during arbitration, will be the responsibility of the individual party involved.
c. Not more than one grievance shall be submitted to arbitration in the same proceeding without the consent of the parties, except that grievances that are based on the same set of facts which must necessarily be decided in the same way can be submitted in a single arbitration subject to the consent of the parties.
d. The County and the Union shall endeavor to make a submission agreement, setting forth the issue of issues to be submitted to arbitration and any agreed stipulated relevant facts and principles. In the event of disagreement between the County and the Union, the issue or issues of the grievance shall be determined by the Arbitrator.
e. The Arbitrator shall have jurisdiction and authority to interpret the specific terms and provisions of this Memorandum of Understanding. Only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Understanding may be submitted to arbitration hereunder. In no event shall such arbitration extend to:
1. The interpretation, application, or legality of any federal, State or local law, ordinances or resolutions adopted by the County's Board of Supervisors; however, if the Arbitrator, in his discretion, finds it necessary to interpret or apply such federal, State or local law or ordinance or resolutions in order to resolve the grievance which has been submitted to arbitration, he may do so.
2. The in...
Step 6 - Arbitration. If the written decision at Step 4 does not settle the grievance, or if Step 5 is waived or does not settle the grievance, the grievant and the Union jointly may serve upon the head of the department, office or bureau a written notice that a written request for arbitration has been filed with the Employee Relations Board. The request for arbitration must be filed with the Employee Relations Board within fifteen (15) calendar days following the date of service of the written decision of the General Manager/Commission or their designee at Step 4, or the date of the mediator’s opinion in Step 5. Failure of the grievant and the Union jointly to serve a written request for arbitration with the Employee Relations Board within said period shall constitute a waiver of the grievance. If such written notice is served, the parties shall meet for the purpose of selecting an arbitrator from a list of seven (7) arbitrators furnished by the Employee Relations Board, within seven (7) calendar days following receipt of said list.
Step 6 - Arbitration. If the mediator declares the parties to be at impasse, or if the mediation step is waived, the parties shall request an arbitrator within fifteen (15) working days from the date the parties waive mediation or reach impasse, in accordance with the following procedures:
Step 6 - Arbitration. Within ten (10) days after receipt of the decision of the Board of Education, the Union may appeal the decision to binding arbitration by filing with the Superintendent of Schools the arbitration form. If the parties are unable to mutually agree upon an arbitrator within ten (10) days of the date the arbitration grievance form is filed with the Superintendent of Schools, then the union may request that the Michigan Employment Relations Commission provide a list of arbitrators. If the parties cannot agree upon an arbitrator, an arbitrator shall be selected by allowing each party to alternatively strike one (1) arbitrator from the list until a final unstricken arbitrator is selected.
Step 6 - Arbitration. If the parties are unable to settle the Grievance by mediation, the Grievance may be submitted to arbitration by a single arbitrator. The mediator used in Step 5 above will also be selected by the parties to arbitrate the Grievance unless otherwise agreed by the parties, in which case the parties may select an arbitrator from the list above in Article 16.6(ii).
Step 6 - Arbitration. In the event that the grievance is not resolved at either Step 4 or Step 5, the Union may refer the grievance to Arbitration in accordance with the A lberta Labour Relations Code.