Level III – Binding Arbitration Clause Examples

Level III – Binding Arbitration. Within five (5) Days after the Superintendent’s action, if the Grievant is not satisfied, the Grievant may appeal to the Association to request binding arbitration. If the Association proceeds to arbitration, it shall notify the District in writing within ten (10) Days. Within ten
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Level III – Binding Arbitration. 10.4.4.1 If the aggrieved person is not satisfied with the disposition of his/her grievance at Level II, or if no written decision has been rendered within ten (10) days after the final meeting with the superintendent or designee, he/she shall, within ten (10) days after a decision by the superintendent or designee, request in writing that the Association submit the grievance to arbitration. The appeal shall include the same information and documents as the Level II appeal. The Association, by written notice to the superintendent within fifteen (15) days after receipt of a timely request from the aggrieved person, may submit the grievance to binding arbitration. 10.4.4.2 The parties shall select a mutually acceptable arbitrator. Should they be unable to agree on an arbitrator within ten (10) days of the Association's submission of the grievance to arbitration, a list of seven (7) persons shall be requested from the State Mediation and Conciliation Service. Each side shall then alternately strike names until only one (1) person remains on the list who shall serve as the impartial neutral arbitrator. Also each side shall have the right to reject one (1) full list from the State Mediation and Conciliation Service. 10.4.4.3 The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is inconsistent with the terms of this Agreement. Also the arbitrator shall be without authority to modify or change the terms of this Agreement. The decision of the arbitrator will be submitted to the superintendent and the Association and will be final and binding upon the parties of this Agreement. 10.4.4.4 All costs for the services of the arbitrator, including but not limited to per diem expenses, travel, a transcript, and subsistence expenses and the cost of any hearing room, will be borne equally by the Board and the Association. All other costs will be borne by the party incurring them.
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Level III – Binding Arbitration. Within 15 days after either Party requests Binding Arbitration pursuant to 15.2.2.2.2, the Parties shall meet to select an arbitrator. The Parties shall meet and select the arbitrator, by mutually agreed to means, and the arbitrator shall schedule a hearing and render a final and binding decision. The Parties may choose the arbitrator from any of the following options: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5)
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Level III – Binding Arbitration. If the grievant is not satisfied with the decision at Level II, within ten (10) days after receiving the decision, the unit member may request in writing that the Association submit the grievance to arbitration. The Association, by written notice to the Superintendent within fifteen (15) working days after receipt of the request from the grievant, may submit the grievance to binding arbitration. If any questions arise as to the arbitrability of the grievance, such questions shall be ruled upon by the Arbitrator after a hearing on the arbitrability question(s). If the grievance is ruled to be arbitrable, the hearing on the merits of the grievance shall follow immediately.
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Level III – Binding Arbitration. Within 15 days after either Party requests Binding Arbitration pursuant to 15.2.2.2.2, the Parties shall meet to select an arbitrator. The Parties shall meet and select the arbitrator, by mutually agreed to means, and the arbitrator shall schedule a hearing and render a final and binding decision. The Parties may choose the arbitrator from any of the following options: 15.2.2.3.1 The Parties may each choose five (5) arbitrators from the list of arbitrators provided by the American Arbitration Association. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker shall be determined by a coin flip. 15.2.2.3.2 The Parties may each choose five (5) private arbitrators and/or arbitration services. The Parties shall alternate striking names from each of the five (5) proposed arbitrators to determine the presiding arbitrator. The initial striker will be determined by a coin flip. 15.2.2.3.3 The Parties may file for arbitration with State Mediation and Conciliation Services (SMCS). If the Parties cannot mutually agree to one of the three options stated in 15.2.2.3, the Parties shall identify whether the Director, designee or Association shall submit a request for arbitration to both options and the arbitrator and/or arbitration service who responds with the first available date will be the presiding arbitrator. The Parties will agree to the rules and procedures for conducting grievance arbitrations as soon as possible. Any and all costs for the services of the arbitrator shall be borne equally by the Association and the District.
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Level III – Binding Arbitration a. In the event that the parties have not resolved the grievance with the assistance of the mediator, the Union may request within ten (10) days of the meeting with the mediator to resolve the issue through binding arbitration. The parties shall select an arbitrator from the State Mediation and Conciliation Services via a list of seven arbitrators, with the party striking first to be determined by coin toss. The process of striking names shall occur within ten (10) days of receipt of the list. Once the arbitrator has been selected, hearings shall commence at the earliest convenience of the arbitrator. b. The decision of the arbitrator shall be submitted to the parties and will be final and binding upon the parties. c. The parties shall equally split the cost of an arbitrator, and each party shall bear the full costs for its representation in the arbitration.
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Level III – Binding Arbitration. If the grievant is not satisfied with the decision rendered at Level II, he/she may appeal the decision in writing within ten (10) working days to binding arbitration. CSEA shall retain the right to determine which cases proceed to arbitration. 17.8.1 The parties shall select a mutually acceptable arbitrator. In the event they are unable to agree on an arbitrator within ten (10) working days of the submission of the grievance to arbitration, the arbitrator shall be selected from a list submitted by the State Mediation and Conciliation Service or the American Arbitration Association. If the grievant and the District cannot agree on an arbitrator from the list, each party shall alternately strike names until only one name remains after determining the first strike by lot. 17.8.2 The arbitrator shall conduct a hearing at which both parties may present evidence. After concluding the hearing, he/she shall prepare a report listing the issues and pertinent facts found at the hearing. The arbitration award resulting from this procedure shall be final and binding on both parties. The arbitrator award shall be sent to the Governing Board, with copies to the grievant, CSEA and the Superintendent. The Superintendent shall implement the award within ten (10) working days. The cost of the arbitration shall be borne equally by the parties.
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Related to Level III – Binding Arbitration

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Final and Binding Arbitration If the grievance has not been resolved at Step 2, either party to this Agreement may refer unsettled grievances to final and binding arbitration.

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.