Appeal to Arbitration definition

Appeal to Arbitration. The School District and the exclusive representative shall endeavor to select a mutually acceptable arbitrator to hear and decide the grievance. If the parties are unable to agree on an arbitrator, they shall request a list of five (5) names from the Public Employment Relations Board. Within the ten (10) days following receipt of the list, the parties shall meet and alternately strike names from the list until only one ( 1) name remains. The remaining arbitrator shall hear and decide the grievance. If the parties are unable to agree on who shall strike the first name, the question shall be decided by a flip of the coin. Each party shall be responsible for equally compensating the arbitrator for fees and necessary expenses. The arbitrator shall not have the power to add to, to subtract from, or to modify in any way the terms of the existing agreement. The decision of the arbitrator shall be final and binding upon the parties subject, however, to the limitations on arbitration decisions contained in P.E.L.R.A. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall waive his/her right to initiate a grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of the arbitrator.

Examples of Appeal to Arbitration in a sentence

  • The University shall acknowledge receipt of the Union’s Appeal to Arbitration through a computer-generated, automatic email response.

  • Step Two (2) - Appeal to Arbitration Grievances which have not been settled under the foregoing procedure may be appealed to arbitration by the Union by providing a written appeal and a legible copy of the Working Out of Class grievance form to the Deputy Director of the Office of Collective Bargaining within twenty (20) days of the Step One (1) answer or the date such answer was due.

  • The University shall acknowledge receipt of the Union’s Appeal to Arbitration through a computer- generated, automatic email response.

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  • If an appeal to Arbitration is received outside of normal business hours, the following business day will be deemed the filing date of the Appeal to Arbitration.

  • The University shall acknowledge receipt of the UAW’s Appeal to Arbitration through a computer-generated, automatic email response.

  • The union's failure to meet any time limit, or extension to a time limit, will render the Appeal to Arbitration ineligible for further processing and the University's last answer will be considered final.

  • Notice of Appeal to Arbitration shall be made in writing, to the Director of Labor and Employee Relations for a grievance initiated by the Union or the President of District 1199 NM for a grievance initiated by Management, within fifteen (15) work days after receipt of the grievance response at Step Three or within fifteen (15) work days after the conclusion of unsuccessful mediation, whichever is later.

  • If the Union, the Company or any employee desires to process a grievance, each step in the Grievance Procedure (up to and including Notice of Appeal to Arbitration) shall be taken by the grieving party within the time set forth, or the grievance shall be deemed to have been abandoned.

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Related to Appeal to Arbitration

  • Arbitration means any arbitration whether or not administered by a permanent arbitral institution;

  • Voluntary arbitration means the procedure whereby parties involved in a labor dispute

  • Arbitration Board has the meaning set forth in Section 9.10.

  • Arbitration Award shall have the meaning given such term in Section 22.5.

  • Notice of Arbitration means the formal notice from the CONTRACTOR or the CUSTOMER to the other party referring a dispute to arbitration in accordance with the provisions of Schedule 2-9.

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Arbitrable Dispute means any dispute arising under or in connection with this Agreement.

  • Dispute Resolution means the procedure set forth in this LGIP for resolution of a dispute between the Parties.

  • Arbitration Panel shall have the meaning set forth in Section 3 hereof.

  • Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • Compulsory arbitration means the procedure whereby parties involved in a labor dispute

  • Arbitration Notice has the meaning set forth in Section 9.13.

  • arbitration agreement means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not;

  • Dispute Resolution Procedure means the procedure for resolution of Disputes set forth in Article 26;

  • Accounting Arbitrator has the meaning set forth in Section 2.6(c).

  • Arbitration Act means the Arbitration and Conciliation Act, 1996 and shall include modifications to or any re-enactment thereof, as in force from time to time;

  • UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law.

  • Dispute Resolution Procedures means the procedures outlined in Annexure A of the MSA Determination.

  • Arbitrators has the meaning set forth in Section 11.5.3.

  • ICC Rules means the Rules of Arbitration of the International Chamber of Commerce in effect on the date the applicable arbitration proceeding begins.

  • Expedited Appeal means if a Member appeals a decision regarding a denied request for Prior Authorization (Pre-Service Claim) for an Urgent Care Claim, the Member or Member’s Authorized Representative can request an Expedited Appeal, either orally or in writing. Decisions regarding an Expedited Appeal are generally made within seventy-two (72) hours from the Plan’s receipt of the request.

  • Arbitration Rules means the AAA’s Commercial Arbitration Rules and Mediation Procedures.

  • Arbitration Request shall have the meaning set forth in Section 7.3(a).

  • Expedited Dispute Timetable means the timetable set out in paragraph 164 of Call Off Schedule 11 (Dispute Resolution Procedure);

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;