- Step Four (Regular Arbitration) Sample Clauses

The 'Step Four (Regular Arbitration)' clause establishes the process by which disputes that remain unresolved after prior negotiation or mediation steps are submitted to formal arbitration. Under this clause, parties agree to refer their disagreement to an independent arbitrator or arbitration panel, which will review evidence and arguments before issuing a binding decision. This mechanism ensures that unresolved conflicts are settled efficiently and fairly outside of court, providing a definitive resolution and reducing the risk of prolonged litigation.
- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee(s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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- Step Four (Regular Arbitration). Within seven (7) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Chief Human Resources Officer or designee that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The Arbitrator shall be selected on an alphabetical, rotational basis with each Party having the right to exercise one strike. If the Arbitrator is stricken, they will retain their position in the order. Either party may request an annual review of the panel at which time a new panel may be selected. Within thirty (30) days following the close of the hearing or the submission of briefs by the parties, the arbitrator shall render a written decision based upon the facts presented and provide the reasons for the determination. The decision shall resolve the grievance and order any appropriate relief. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee (s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Director of Labor Relations that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty
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- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. One representative of the Union, the grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding, if during regular work hours. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the City, the Union and the employee(s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. policy. The arbitrator is also prohibited from making any decision that is contrary to law or to public
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- Step Four (Regular Arbitration). Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Director Labor Relations that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The Arbitrator shall be selected on an alphabetical, rotational basis with each Party having the right to exercise one strike. If the arbitrator is stricken, they will retain their position in the order. Either Party may request an annual review of the panel at which time a new panel will be selected. Within thirty (30) days following the close of the hearing or the submission of briefs by the parties, the arbitrator shall render a written decision based upon the facts presented and provide the reasons for the determination. The decision shall resolve the grievance and order any appropriate relief. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee(s) it represents. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy.
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- Step Four (Regular Arbitration). Within seven (7) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Employer’s Director, Labor Relations that the matter is to be arbitrated. Thereafter, the Parties shall attempt to have the grievance resolved in a timely manner. When a party has the burden of production, any period of inactivity greater than thirty (30) days shall result in the matter becoming untimely. The defaulting party shall be solely responsible for the arbitrator’s fee, if any. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the Parties within thirty (30) days of the ratification of this Agreement. Arbitrators shall be selected from the panel on a rotating basis. Within thirty (30) days following the close of the hearing or the submission of briefs by the parties, the arbitrator shall render a written decision based upon the facts presented and provide the reasons for the determination. The decision shall resolve the grievance and order any appropriate relief. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee
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- Step Four (Regular Arbitration). ‌ Within twenty (20) days of the date of the step three decision the Union shall have the right to submit the matter to arbitration by informing the Bureau of Mediation Services and the Director, Labor Relations that the matter is to be arbitrated. If the matter is to be arbitrated, a single arbitrator shall be selected from the panel of mutually agreed upon arbitrators. The panel of arbitrators shall be determined by the parties within thirty (30) days of the ratification of this agreement. Arbitrators shall be selected from the panel on a rotating basis. The arbitrator shall render a written decision and the reasons, therefore resolving the grievance, and order any appropriate relief within thirty (30) days following the close of the hearing or the submission of briefs by the parties. The decision and award of the arbitrator shall be final and binding upon the Employer, the Union and the employee (s) affected. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this agreement. The arbitrator is also prohibited from making any decision that is contrary to law or to public policy. Subd. 1. Pay During Proceeding‌ One representative of the Union, the Grievant and all necessary employee witnesses shall receive their regular salary and wages for the time spent in the arbitration proceeding if such proceeding is held during regular work hours.
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Related to - Step Four (Regular Arbitration)

  • Step Four - Arbitration 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township. 2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter. 3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits. 6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • Level Four - Arbitration a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Board, he/she may, within five (5) days after the grievance was delivered to the Board, whichever is sooner, request in writing that the Association submit its grievance to arbitration. If the Association determines that the grievance is meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a request by the aggrieved person. b. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties shall then be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator. c. The arbitrator so selected shall confer with the representative of the Board and Association and hold hearings promptly and shall issue his/her decision not later than twenty (20) days from the date of the close of hearings, or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is in violation of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the Association and shall be final and binding on the parties. The arbitrator shall be limited to the issues submitted and shall consider nothing else. The arbitrator may add nothing to modify or subtract anything from the Agreement between the parties. d. The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

  • Procedure for Arbitration (1) The parties hereby agree that any controversy, dispute or claim arising out of, or relating to, this Agreement, or breach of this Agreement, including disputes concerning termination of this Agreement, shall be settled by arbitration in San Mateo, California. This agreement to arbitrate shall be specifically enforceable. Judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction. (2) Any demand for arbitration must be served on the other party within forty-five (45) days of the act or omission giving rise to the controversy, dispute or claim. (3) There shall be one impartial arbitrator chosen by the parties from a list procured from the California Mediation and Conciliation Service. (4) The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. (5) The decision of the Arbitrator within the scope of the submission shall be final and binding on all parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived (unless otherwise provided by applicable law), except suit to enforce this arbitration award. (6) Executive agrees that such arbitration shall be the exclusive forum for any controversy, dispute or claim arising out of or relating to this Agreement, or breach or termination of this Agreement. Executive further expressly agrees that in arbitration his exclusive remedy shall be a money award not to exceed the amount of wages he would have earned under this Agreement but for the alleged violation and the Executive shall not be entitled to any other remedy, at law or in equity, including but not limited to reinstatement, other money damages, punitive damages and/or injunctive relief. (7) Each party shall pay such party's own attorney or other representative, and the expenses of such party's witnesses and all other expenses connected with his case. Other costs of the arbitration, including the cost of any record or transcript of the arbitration, administrative fees, arbitrator's fees, and all other fees and costs, shall be borne by the Corporation; provided, however, that at the discretion of the Arbitrator, and upon a preponderance of the evidence that one of the parties has engaged in malice, fraud or oppression relating to the termination of the Executive's employment, reasonable attorney's fees and costs may be awarded to the other party.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.