Common use of STEP IV: Binding Arbitration Clause in Contracts

STEP IV: Binding Arbitration. Within forty-five (45) working days after the completion of Step III, the Union must request arbitration, in writing, to the Vice Chancellor for Human Resources. During the following ten (10) working days, the parties will endeavor to mutually select an arbitrator. If they are unsuccessful, then within fifteen (15) working days of when the initial request was made, and if the Union still wishes to pursue arbitration, the Union will file a Petition for Grievance Arbitration with the Michigan Employment Relations Commission (“MERC”) and provide the Vice Chancellor for Human Resources with a copy of the Petition. The Petition shall be filed in accordance with MERC’s rules and procedures, and any administrative fees charged by the MERC will be shared equally by the parties. The Petition shall ask MERC to provide the parties with a list of fifteen (15) MERC-approved grievance arbitrators. During the following ten (10) working day period, the parties will confer and, beginning with the Union, alternately strike listed names until one name remains. The remaining name will be appointed the Arbitrator for that matter, and the parties shall so inform the Arbitrator. The Union and the College may be represented by counsel at the hearing. Each party shall bear the cost of his/her own counsel and the parties shall split costs of the Arbitrator. The Arbitrator shall apply the substantive law of Michigan, federal law, or both, as applicable to the claim(s) asserted. Pre-hearing discovery may be permitted by the Arbitrator. During the hearing the Arbitrator shall generally apply the federal rules of evidence; however, she/he shall be the judge of the relevancy and materiality of the evidence offered. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. However, if the party who has not arranged for a court reporter desires a transcript, that party must split the expenses of the court reporter/transcripts. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion no later than thirty (30) calendar days after the close of the hearing or receipt by the Arbitrator of post-hearing briefs, whichever is later, in the form typically rendered in labor arbitration. The Arbitrator shall not have the power to modify, amend, add to, or subtract from this Agreement. Further, with respect to damages or remedies in a suspension or discharge grievance, the Arbitrator’s award of any damages and relief to any party shall be limited to the following: back pay (including lost benefits) less interim earnings, unemployment, retirement, disability and other benefits, and severance payments received by or to be received by a party; any other out-of-pocket expense; documented economic damages; and reinstatement to the same or a substantially equivalent position with the College. The decision of the Arbitrator shall be final and binding on the parties.

STEP IV: Binding Arbitration. Within forty-five (45) working days after the completion of Step III, the Union must request arbitration, in writing, to the Vice Chancellor for Chief Human ResourcesResources Officer. During The Arbitrator shall be selected from the following ten (10) working daysAmerican Arbitration Association under, and in accordance with, the parties will endeavor rules thereof. The notice shall request the Arbitrator to mutually select an arbitratordetermine a hearing date. If they are unsuccessfulthe Arbitrator declines the appointment, then within fifteen (15) working days of when the initial request was made, and if the Union still wishes to pursue arbitration, the Union will file a Petition for Grievance Arbitration with the Michigan Employment Relations Commission (“MERC”) and provide the Vice Chancellor for Human Resources with a copy of the Petition. The Petition another Arbitrator shall be filed selected in accordance with MERC’s rules and procedures, and any administrative fees charged by the MERC will be shared equally by the parties. The Petition shall ask MERC to provide the parties with a list of fifteen (15) MERC-approved grievance arbitrators. During the following ten (10) working day period, the parties will confer and, beginning with the Union, alternately strike listed names until one name remains. The remaining name will be appointed the Arbitrator for that matter, and the parties shall so inform the Arbitratorsame manner as described above. The Union and the College may be represented by counsel at the hearing. Each party shall bear the cost of his/her own counsel and the parties shall split costs of the Arbitrator. The Arbitrator shall apply the substantive law of Michigan, federal law, or both, as applicable to the claim(s) asserted. Pre-hearing discovery may be permitted by the Arbitrator. During the hearing the Arbitrator shall generally apply the federal rules of evidence; however, she/he shall be the judge of the relevancy and materiality of the evidence offered. Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings. However, if the party who has not arranged for a court reporter desires a transcript, that party must split the expenses of the court reporter/transcripts. Either party, upon request at the close of hearing, shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator. The Arbitrator shall render an award and opinion no later than thirty (30) calendar days after the close of the hearing or receipt by the Arbitrator of post-hearing briefs, whichever is later, in the form typically rendered in labor arbitration. The Arbitrator shall not have the power to modify, amend, add to, or subtract from this Agreement. Further, with respect to damages or remedies in a suspension or discharge grievance, the Arbitrator’s award of any damages and relief to any party shall be limited to the following: back pay (including lost benefits) less interim earnings, unemployment, retirement, disability and other benefits, and severance payments received by or to be received by a party; any other out-of-pocket expense; documented economic damages; and reinstatement to the same or a substantially equivalent position with the College. The decision of the Arbitrator shall be final and binding on the parties.