Labor Arbitration Rules American Arbitration Association

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Regional Vice Presidents and Assistant Vice Presidents. States Delaware District of Columbia Maryland States Rhode Island. New Jersey Pennsylvania West Virginia Frank Binda,Kenneth Egger Assistant Vice President. Vice President Phone 401 431 4701,Phone 215 731 2281 Email BindaF adr org. Email EggerK adr org,States Alaska Arizona California Colorado. States Illinois Indiana Iowa Kansas Kentucky Hawaii Idaho Louisiana Montana Nevada. Michigan Minnesota Missouri Nebraska New Mexico Oklahoma Oregon Texas Utah. North Dakota Ohio South Dakota Tennessee Washington Wyoming. Wisconsin Patrick Tatum,Jan Holdinski Vice President. Vice President Phone 559 490 1905,Phone 248 352 5509 Email TatumP adr org.
Email HoldinskiJ adr org,States Connecticut Maine Massachusetts. New Hampshire New York Vermont,Ann Lesser Esq,Vice President. Phone 212 484 4084,Email LesserA adr org,States Alabama Arkansas Florida Georgia. Mississippi North Carolina South Carolina,Charles Dorsey. Assistant Vice President,Phone 866 686 6024,Email DorseyC adr org.
Case Management Operations,Frank Binda,Assistant Vice President. Phone 401 431 4701,Email BindaF adr org, 2 RULES AND MEDIATION PROCEDURES American Arbitration Association. Table of Contents,Introduction 6,Labor Arbitration Rules 8. 1 Agreement of Parties 8,2 AAA and Delegation of Duties 8. 3 Jurisdiction 8,4 Panel of Neutral Labor Arbitrators 8.
5 Initiation under an Arbitration Clause in a Collective Bargaining Agreement 9. 6 Answer 9,7 Initiation under a Submission 9,8 Fixing of Locale 9. 9 Qualifications of Arbitrator 10,10 Appointment from National Roster 10. 11 Direct Appointment by Parties 11, 12 Appointment of Neutral Arbitrator by Party Appointed Arbitrators 11. 13 Number of Arbitrators 11,14 Notice to Arbitrator of Appointment 12. 15 Disclosure and Challenge Procedure 12,16 Vacancies 12.
17 Date Time and Place of Hearing 12,18 Representation 12. 19 Stenographic Record 13,20 Interpreters 13,21 Attendance at Hearing 13. 22 Postponements 13,23 Oaths 13,24 Majority Decision 13. 25 Order of Proceedings 14, 26 Arbitration in the Absence of a Party or Representative 14. 27 Evidence and Filing of Documents 14,28 Evidence by Affidavit 15.
29 Inspection 15,30 Closing of Hearing 15,31 Reopening of Hearing 15. 32 Waiver of Oral Hearing 16,33 Waiver of Rules 16. Rules Amended and Effective July 1 2013 Fee Schedule Amended and Effective January 1 2019 LABOR RULES 3. 34 Extensions of Time 16,35 Serving of Notice 16,36 Time of Award 17. 37 Form of Award 17,38 Award Upon Settlement 17,39 Delivery of Award to Parties 17. 40 Modification of Award 17, 41 Release of Documents for Judicial Proceedings 18.
42 Judicial Proceedings and Exclusion of Liability 18. 43 Administrative Fees 18,44 Expenses 18,45 Suspension for Non Payment 18. 46 Communication with Arbitrator 19,47 Interpretation and Application of Rules 19. Administrative Fees 20,Full Service Administrative Fee 20. Arbitrator Compensation 20,Hearing Room Rental 20,Postponement Fees 20. Expedited Labor Arbitration Procedures 21,E1 Agreement of Parties 21.
E2 Appointment of Neutral Arbitrator 21,E3 Qualifications of Neutral Arbitrator 21. E4 Vacancies 22,E5 Date Time and Place of Hearing 22. E6 No Stenographic Record 22,E7 Proceedings 22,E8 Post hearing Briefs 22. E9 Time of Award 22,E10 Form of Award 22, 4 RULES AND MEDIATION PROCEDURES American Arbitration Association. Administrative Fees 23,Expedited Administrative Fee 23.
Arbitrator Compensation 23,Hearing Room Rental 23,Postponement Fees 23. Fees for Additional Services 23,Optional Labor Services 24. O1 List Only Service 24,O2 List with Appointment 24. O3 Rapid Resolve Procedure 24,O4 Documents Only Procedure 24. O5 Emergency Scheduling Procedure 25,O6 Administration of Permanent Panels 25.
O7 Grievance Mediation Services 25,O8 Customized Services 26. Rules Amended and Effective July 1 2013 Fee Schedule Amended and Effective January 1 2019 LABOR RULES 5. Labor Arbitration Rules,Including Expedited Labor Arbitration Rules. Introduction, Every year labor and management enter into thousands of collective bargaining. agreements Virtually all of these agreements provide for arbitration of unresolved. grievances For decades the American Arbitration Association AAA has been a. leading administrator of labor management disputes. The American Arbitration Association is a public service not for profit. organization offering a broad range of dispute resolution services to business. executives attorneys individuals trade associations unions management. consumers families communities and all levels of government Services are. available through AAA headquarters in New York City and through offices. located in major cities throughout the United States Hearings may be held. at locations convenient for the parties and are not limited to cities with AAA. offices In addition the AAA serves as a center for education and training issues. specialized publications and conducts research on all forms of out of court. dispute settlement, Arbitration is a tool of industrial relations Like other tools it has limitations as. well as advantages In the hands of an expert it produces useful results When. abused or made to do things for which it was never intended the outcome can be. disappointing For these reasons all participants in the process union officials. employers personnel executives attorneys and the arbitrators themselves. have an equal stake in orderly efficient and constructive arbitration procedures. The AAA s Labor Arbitration Rules provide a time tested method for efficient. fair and economical resolution of labor management disputes By referring to. them in a collective bargaining agreement the parties can take advantage of. these benefits, 6 RULES AND MEDIATION PROCEDURES American Arbitration Association.
The parties can provide for arbitration of future disputes by inserting the. following clause into their contracts, Any dispute claim or grievance arising from or relating to the interpretation or. application of this agreement shall be submitted to arbitration administered by. the American Arbitration Association under its Labor Arbitration Rules The parties. further agree to accept the arbitrator s award as final and binding on them. For relatively uncomplicated grievances parties who use the labor arbitration. services of the American Arbitration Association may agree to use expedited. procedures that provide a prompt and inexpensive method for resolving. disputes This option responds to a concern about rising costs and delays in. processing grievance arbitration cases The AAA s Expedited Labor Arbitration. Procedures by eliminating or streamlining certain steps are intended to resolve. cases within a month of the appointment of the arbitrator The procedures are. in the following pages, Rules Amended and Effective July 1 2013 Fee Schedule Amended and Effective January 1 2019 LABOR RULES 7. Labor Arbitration Rules,1 Agreement of Parties, The parties shall be deemed to have made these rules a part of their arbitration. agreement whenever in a collective bargaining agreement or submission they. have provided for arbitration by the American Arbitration Association hereinafter. the AAA or under its rules These rules and any amendment of them shall apply. in the form in effect at the time the administrative requirements are met for a. demand for arbitration or submission agreement received by the AAA The. parties by written agreement may vary the procedures set forth in these rules. 2 AAA and Delegation of Duties, When parties agree to arbitrate under these rules or when they provide for. arbitration by the AAA and an arbitration is initiated under these rules they. thereby authorize the AAA to administer the arbitration The authority and duties. of the AAA are prescribed in the agreement of the parties and in these rules and. may be carried out through such of the AAA s representatives as it may direct. The AAA may in its discretion assign the administration of an arbitration to any. of its offices,3 Jurisdiction, a The arbitrator shall have the power to rule on his or her own jurisdiction including.
any objections with respect to the existence scope or validity of the arbitration. b The arbitrator shall have the power to determine the existence or validity of a contract. of which an arbitration clause forms a part Such an arbitration clause shall be treated. as an agreement independent of the other terms of the contract A decision by the. arbitrator that the contract is null and void shall not for that reason alone render invalid. the arbitration clause, c A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim. or counterclaim no later than the filing of the answering statement to the claim or. counterclaim that gives rise to the objection The arbitrator may rule on such objections. as a preliminary matter or as part of the final award. 4 Panel of Neutral Labor Arbitrators, The AAA shall establish and maintain a National Roster of Labor Arbitrators and. shall appoint arbitrators as provided in these rules. 8 RULES AND MEDIATION PROCEDURES American Arbitration Association. 5 Initiation under an Arbitration Clause in a Collective Bargaining Agreement. Arbitration under an arbitration clause in a collective bargaining agreement. under these rules may be initiated by either party in the following manner. a by giving written notice to the other party of its intention to arbitrate demand which. notice shall contain a statement setting forth the nature of the dispute the names and. addresses of all other parties including phone number and email address the remedy. sought and the hearing locale requested, b by filing at any regional office of the AAA a copy of the notice together with a copy. of the collective bargaining agreement or other relevant documents that relate to the. dispute including the arbitration provisions together with the appropriate filing fee as. provided in the schedule included with the rules After the arbitrator is appointed no. new or different claim may be submitted except with the consent of the arbitrator and. all other parties, The party upon whom the demand for arbitration is made may file an answering. statement with the AAA within 10 days after notice from the AAA simultaneously. sending a copy to the other party If no answer is filed within the stated time it. will be treated as a denial of the claim Failure to file an answer shall not operate. to delay the arbitration,7 Initiation under a Submission.
Parties to any collective bargaining agreement may initiate an arbitration. under these rules by filing at any regional office of the AAA a copy of a written. agreement to arbitrate under these rules submission signed by the parties. and setting forth the nature of the dispute the names and addresses of all other. parties including phone number and email address the remedy sought and the. hearing locale requested,8 Fixing of Locale, The parties may mutually agree on the geographic region locale where the. arbitration is to be held If the locale is not designated in the collective bargaining. agreement or submission and if the parties disagree as to the locale the AAA. may initially determine the place of arbitration subject to the power of the. arbitrator s after their appointment to make a final determination on the locale. All such determinations shall be made having regard for the contentions of the. parties and the circumstances of the arbitration, Rules Amended and Effective July 1 2013 Fee Schedule Amended and Effective January 1 2019 LABOR RULES 9. 9 Qualifications of Arbitrator, Any neutral arbitrator appointed pursuant to Section 10 11 or 12 or selected. by mutual agreement of the parties or their appointees shall be subject to. disqualification for the reasons specified in Section 15 If the parties specifically. agree in writing the arbitrator shall not be subject to disqualification for those. reasons Unless the parties agree otherwise an arbitrator selected unilaterally. by one party is a party appointed arbitrator and is not subject to disqualification. pursuant to Section 15, The term arbitrator in these rules refers to the arbitration panel whether. composed of one or more arbitrators and whether the arbitrators are neutral or. party appointed,10 Appointment from National Roster.
If the parties have not appointed an arbitrator and have not provided any. other method of appointment the arbitrator shall be appointed in the following. manner immediately after the filing of the demand or submission the AAA. shall submit simultaneously to each party an identical list of names of persons. chosen from the National Roster of Labor Arbitrators The Parties are encouraged. to agree to an arbitrator from the submitted list and to advise the AAA of their. agreement If the parties are unable to agree upon an arbitrator each party. shall have 10 days from the transmittal date in which to strike names objected to. number the remaining names to indicate the order of preference and return the. list to the AAA, If a party does not return the list within the time specified all persons named. the American Arbitration Association under its Labor Arbitration Rules The parties further agree to accept the arbitrator s award as final and binding on them For relatively uncomplicated grievances parties who use the labor arbitration services of the American Arbitration Association may agree to use expedited procedures that provide a prompt and inexpensive method for resolving disputes

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