Common use of Appeal to Arbitration Clause in Contracts

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 grievance which, in its sole determination, lacks merit.

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 grievance which, in its sole determination, lacks merit.. Article 14XIV – Compensation

Appeal to Arbitration. In the event the decision at Step 3 is not satisfactory to the Association Federation 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. 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 Federation 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 Federation 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 Federation 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 Federation at the next step. The Association Federation shall not be required to pursue to binding arbitration any grievance which, in its sole determination, lacks merit.