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.
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
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
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
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.
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.