Appeal to Arbitration. An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:
Appeal to Arbitration. If an appellant believes that an adverse decision ultimately rendered on appeal by the President was caused in substantial part by a procedural error or omission, either in the original decision-making process or in the appeals process and such alleged procedural error or omission was raised when it occurred, or in the original appeal and in the appeal to the Joint Appeals Board or occurred during the Joint Appeals Board or Presidential review, such appellant may, with the concurrence of the Association, appeal the matter to arbitration. This shall be done by filing a grievance, which shall be initiated at the Step 2 level and thereafter proceed to arbitration pursuant to the procedures established in Section 1.H. In any such arbitration the Arbitrator will be limited to a review of the procedural requirements set forth in Article VI and this Section 2 of Article VII and in relevant University policy. In no event shall an arbitrator consider, review, or substitute his/her judgment for the University’s on a substantive academic judgment as described in this Section 2. In the event the Arbitrator finds that (a) a prejudicial procedural error or omission occurred in the original decision-making process or in the appeals process, (b) the error or omission was raised timely by the grievant so that the error or omission could have been corrected prior to the President's decision, and (c) the procedural error or omission was of such a nature that the substantive academic judgment could have been adversely affected by the error or omission, his/her sole authority shall be to send the matter back to the governance procedure under Article VI or under Section 2 of this Article VII or in relevant University policy, as the case may be, with specific findings regarding the procedural error or omission and with instructions to re-evaluate the substantive academic judgment in accordance with the contractual procedures.
Appeal to Arbitration. Any grievance as defined in Article 11 of this Agreement that has been properly processed in a timely manner through the grievance procedure set forth in this Article and that has not been settled at the conclusion of Step 4 may be appealed to arbitration by the Union with written notice of its intent to appeal. Failure to appeal a grievance to arbitration within ten (10) days after receipt of the written answer from the Administration at Step 4 of the grievance procedure set forth in this Article of this Agreement shall constitute a waiver of the Union’s right to appeal to arbitration, and the written answer of the Administration at Step 4 of the grievance procedure shall be final and binding on the aggrieved employee, the Union and the Administration.
Appeal to Arbitration. Should the grievance not be satisfactorily resolved at the Formal Internal Step or through mediation, the Union may appeal the grievance to binding arbitration within thirty (30) calendar days of the completion of mediation, providing written notice to the Director of Human Resources.
Appeal to Arbitration. If a grievance or a dispute which has been processed in conformance with the procedures set forth in Articles 16 and 17, and which involves the interpretation, application or breach of any of the terms of this Agreement or the discipline or discharge of any Operator covered by this Agreement is not settled to the satisfaction of the Union or METRO, either party may, within twenty (20) days from the date of the decision, by written notice to the other party, request that the matter be submitted to arbitration for decision. By mutual agreement of the parties, any matter subject to this article may be submitted to mediation through the State Mediation and Conciliation Service prior to arbitration.
Appeal to Arbitration. If the grievant is not satisfied with the written response at Level 3, within seven (7) days of such response, the grievant, the Association or the Association’s authorized representative may file a written appeal by hand delivery or by e-mail (with confirmation of delivery) which notifies the City Manager of the intention to appeal the matter to arbitration. The City Manager will, subject to Subsection g of Section 4 of this Article, contact the person that made the arbitration request within seven (7) days of receipt of the request to begin the arbitrator selection process in accordance with Article 28.
Appeal to Arbitration. In the event a grievance is unresolved after being 5 processed through all steps of the Grievance Procedure, unless mutually waived, then 6 within ten (10) days after the rendering of the decision at Step 3, the grievant may submit 7 the grievance to arbitration. Within this ten (10) day period, the parties will meet to 8 attempt to mutually agree upon an arbitrator. If such agreement is not reached, the 9 parties will promptly request the Federal Mediation and Conciliation service to submit a 10 panel of arbitrators and will choose one by the alternative strike method. 11
Appeal to Arbitration. If the grievance is not resolved at Step 2, or an answer is not given by Employee & Labor Relations within the time specified, the Union may request that the grievance be referred to an impartial arbitrator selected in the manner described below.
Appeal to Arbitration. In the event the decision at Step 3 is not satisfactory to the Association or the County, either party within fifteen (15) calendar days may request from the State Employment Relations Board a list of seven (7) arbitrators. Such request shall also be copied to the other party. The parties shall select an arbitrator from the list by such method as they may jointly elect, or if they are unable to agree, then by the method of alternative striking of names under which the aggrieved party shall strike the first name objectionable to him or her and the responding party involved shall strike a name objectionable to it. The final name left on the list shall be the arbitrator. Nothing in this section shall prohibit the parties from agreeing upon a permanent arbitrator or permanent list. The arbitrator's decision shall be final and binding, but he or she shall have no power to alter, modify, add to or detract from the terms of this Agreement. His or her decision shall be within the scope and terms of this Agreement. The arbitrator shall be asked to submit his or her decision within sixty (60) days from the date of the hearing. His or her decision may also apply retroactively, but is limited to the date of the original filing of the grievance and shall state the effective date. The arbitrator's fee and the cost of any non-County hearing room, unless such are paid for by the State of Oregon, shall be borne by the losing party. The County and the Association shall assume individual liability for the cost of their representatives and preparation of their respective cases. All meetings and hearings under this procedure shall be kept informal and private, and shall include only such persons at interest and/or designated representatives as referred to in this procedure. Any time limits specified in the grievance procedure may be waived only by mutual written agreement of the parties. Failure by the Association to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. A grievance may be terminated at any time upon receipt of a signed statement from the Association that the matter has been resolved. Failure by the County to respond to a grievance within the time limits specified herein shall constitute the County's rejection of the grievance at that step and allow the grievance to be pursued by the Association at the next step. The Association shall not be required to pursue to binding arbitration any grie...
Appeal to Arbitration. Consistent with applicable law, in connection with every type of grievance, including those which allege employment discrimination in any form or any other violation of law, the right to arbitrate such a grievance will be in place of any right the aggrieved employee or the Union might otherwise have to pursue such grievance, or the facts underlying such grievance, administratively or in court, including a right to trial by jury. But only the Union will have the right to determine whether to appeal any grievance to arbitration. But if the grievance concerns a legal right, and the Union decides not to appeal it to arbitration, the aggrieved employee will retain the option to pursue it administratively and, if he or she prefers, in court.
