Step Six: ARBITRATION Clause Samples

The 'Step Six: ARBITRATION' clause establishes that disputes between the parties, if unresolved through prior steps, must be settled through arbitration rather than litigation. Typically, this means that an impartial third-party arbitrator will hear both sides and render a binding decision, often following specific rules or procedures agreed upon in the contract. This clause serves to provide a private, efficient, and potentially less adversarial method for resolving conflicts, thereby avoiding the time and expense of court proceedings.
Step Six: ARBITRATION. (a) If the Union is not satisfied with the disposition of the grievance by the Superintendent of Schools, then within fifteen (15) calendar days from the date of receipt of the decision of the Superintendent of Schools, the grievance may be submitted to arbitration. (b) Absent mutual agreement on an arbitrator, the Union shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons. The representatives of the Board and the Union shall determine by lot the order of elimination, and thereafter each party shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person shall thereupon be accepted by both parties as the Arbitrator. (c) The Arbitrator shall not have the jurisdiction to add to, subtract from, or modify any of the terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of any of the parties hereto. (d) The Arbitrator, the Union or the Board may call any person as a witness in any arbitration hearing. (e) Each party shall be responsible for the expenses of the witnesses that they may call. (f) The fees and expenses of the Arbitrator shall be paid solely by the non-prevailing party. In cases where one party withdraws from arbitration after the deadline to do so without paying a fee, that party will be solely responsible for paying the fee. In cases where an agreement has been reached between the two parties and the services of the Arbitrator are no longer required, and the deadline has passed, the Arbitrator fee shall be equally divided. (g) The Arbitrator shall render his/her decision within thirty (30) calendar days from the date of the conclusion of the arbitration hearing. (h) The decision of the Arbitrator shall be final, conclusive and binding upon all Employees, the Board and the Union.
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Step Six: ARBITRATION. 1. In disciplinary cases involving a suspension, or a reduction in rank, or removal the Union may make a written request that the grievance be submitted to binding arbitration pursuant to Step Six, hereunder. A written request for appellate arbitration must be submitted to the Township within fourteen (14) calendar days following the written decision of the Board of Trustees. 2. Upon receipt of a request for appellate arbitration, the Township and the Union 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
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Step Six: ARBITRATION. If no settlement is reached in Step 5, the Union may request that the matter be submitted to an arbiter as hereinafter provided: A. Written notice of a request for arbitration shall be made to the Superintendent within ten
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Step Six: ARBITRATION. (a) If the Union is not satisfied with the disposition of the grievance by the Superintendent of Schools, then within fifteen (15) calendar days from the date of receipt of the decision of the Superintendent of Schools, the grievance may be submitted to arbitration. (b) Absent mutual agreement on an arbitrator, the Union shall request the Federal Mediation and Conciliation Service to submit a list of five (5) persons. The representatives of the Board and the Union shall determine by lot the order of elimination, and thereafter each party shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person shall thereupon be accepted by both parties as the Arbitrator. (c) The Arbitrator shall not have the jurisdiction to add to, subtract from, or modify any of the terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his/her discretion for that of any of the parties hereto. (d) The Arbitrator, the Union or the Board may call any person as a witness in any arbitration hearing. (e) Each party shall be responsible for the expenses of the witnesses that they may call. (f) The fees and expenses of the Arbitrator shall be paid solely by the non-prevailing
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Step Six: ARBITRATION. A. In the event that the appealing party is not satisfied with the disposition of the grievance by the Board of Education, then within fifteen (15) calendar days from the date of receipt of the answer given by the Board of Education the grievance may be submitted to arbitration. Written notice of the intent to process the grievance to arbitration shall be served on the Human Resources Manager within the specified time period as required to process the grievance to arbitration. B. The appealing party shall request the American Arbitration Association to submit a listing of seven (7) persons to both parties. The Representatives of the Employer and the Union shall return the listing of the seven (7) potential arbitrators to the designated mailing address of the American Arbitration Association within the specified time period, as is furnished to the parties by the American Arbitration Association. Each party, upon returning their listing of potential arbitrators to the American Arbitration Association, shall indicate as to their preference of the arbitrator, by the numbering of said arbitrators, one (1) through seven (7). The American Arbitration Association shall assign one (1) of the persons on the submitted list as the Arbitrator or in the event that only one (1) of the parties returns their listing within the specified time period, the American Arbitration Association shall assign the arbitrator from the listing, based on the highest preference of the party that did return their listing within the specified time period. In either of these instances, both of the parties shall accept that person as the Arbitrator. C. The Arbitrator, the Union, or the Board may call any person as a witness in any arbitration hearing. D. Each party shall be responsible for the expenses of the witnesses that they may call. E. The Arbitrator shall not have jurisdiction to subtract from or modify any of the terms of this Agreement, or any written amendments hereof, or to specify the terms of a new Agreement, or to substitute his discretion for that of the parties hereto. F. The fees, expenses and filing fees of the Arbitrator shall be paid solely by the non-prevailing party. G. The Arbitrator shall render his decision in writing relative to the grievance within thirty (30) calendar days from the date of the conclusion of the arbitration hearing. H. The decision of the Arbitrator shall be final, conclusive, and binding upon all Employees, the Employer, and the Union.
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Step Six: ARBITRATION. The grievance may be referred to arbitration by either party in any of the following circumstances after completing STEP 4 or STEP 5 of this procedure: (1) parties cannot agree to seek mediation; (2) no resolution comes out of mediation; (3) the grievant is not satisfied with the disposition of the grievance at STEP FOUR; (4) no decision has been rendered within ten (10) working days after the meeting with the City Manager or designee. The requesting party must notify the other party and the State of Montana Office of Labor Relations in writing of the decision to take the grievance to final and binding arbitration. This must be done within fifteen (15) working days of the City Manager’s decision.
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Related to Step Six: ARBITRATION

  • 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

  • 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.

  • 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.

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • 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.