ADR Procedure. Any dispute subject to ADR, as described in subparagraph (2), shall be resolved exclusively by the following procedure:
a. Board Consideration: Within ninety (90) days of the occurrence of any dispute, the objecting party (the "Claimant") shall submit a written notice of the dispute to the Chairperson specifying in detail the nature of the dispute, the parties claimed to have been involved, the specific conduct claimed, the basis under the Agreement for the Participant's objection, the specific injury or damages claimed to have been caused by the objectionable conduct to the extent then ascertainable, and the requested action or resolution of the dispute. A dispute shall be deemed to have occurred on the date the objecting party knew or reasonably should have known of the basis for the dispute.
i. Within sixty (60) days of the submission of the written notice, the Executive Committee shall, as necessary, request further information from the Claimant, collect such other information from any other interested party or source, form a recommendation as to whether the Claimant has a valid objection or claim, and if so, recommend a fair resolution of said claim. During such period, each party shall provide the other with any reasonably requested information within such party's control. The Executive Committee shall present its recommendation to the Board in writing, including any underlying facts, conclusions or support upon which it is based, within such sixty (60) day period.
ii. Within sixty (60) days of the submission of the Executive Committee's recommended resolution of the dispute, the Board shall convene in a special meeting to consider the dispute and the recommended resolution. The Claimant and the Executive Committee shall each be entitled to present any argument or material it deems pertinent to the matter before the Board. The Board shall hold discussion and/or debate as appropriate on the dispute and may question the Claimant and/or the Executive Committee on their respective submissions. Pursuant to its regular procedures, the Board shall vote on whether the Claimant has a valid claim, and if so, what the fair resolution should be. The weighted voting procedure set forth in Section D shall not apply to this provision. The Board's determination shall be deemed final subject to the Claimant's right to arbitrate as set forth below.
ADR Procedure. Any disputes arising in connection with this Agreement which cannot be resolved by the Parties within forty-five (45) days after initiation of dispute resolution proceedings under Section 18.2(a) shall be finally settled by binding Alternate Dispute Resolution ("ADR") in accordance with the procedures set forth in the attached Exhibit D.
ADR Procedure. Pursuant to Sections 4117.14(C) and 4117.14(E) of the Ohio Revised Code, the parties have established the following mutually agreed upon negotiations and dispute resolution procedure. This procedure supersedes the procedures listed in the Section 4117.14(C)(2)-(6) and any other procedure to the contrary. In the event that agreement is not reached after full consideration of proposals and counterproposals, either party may declare impasse. If impasse is declared, the parties shall request the services of the Federal Mediation and Conciliation Service. Mediation shall occur at times and places mutually agreed to by the parties. If mediation is unsuccessful, the Union may exercise its right to strike pursuant to R.C. 4117.14(O)(2).
ADR Procedure. Any dispute subject to ADR, as described in subparagraph (2), shall be resolved exclusively by the following procedure:
ADR Procedure. The ADR Procedure is as follows:
ADR Procedure. 8.3(e) ADR Service...............................................................................................8.3(e) Agreed Amount.............................................................................................8.3(d) Agreement...........................................................................................
ADR Procedure a. If informal attempts under Section 4, Article 29, Grievance Procedure, fail to resolve an issue, an Employee may elect to have his issue heard by this Committee or proceed through the negotiated grievance procedure, within twenty (20) calendar days of the incident in question, or proceed through a statutory procedure. The Employee's election of the ADR process will be presented to the first-line supervisor. Upon election of the ADR process, the supervisor will notify the XXXX Personnel Management Specialist. When a complaint concerns a decision of a disciplinary action, the ADR election will be presented to a Management official above the level of the supervisor who took the action, if possible.
b. Upon notification of election of the ADR process, the Personnel Management Specialist will meet with the Union President or designee to establish the ADR Committee. The peer Employee and peer supervisor will be selected from two (2) lists of no more than twelve (12) volunteers, updated annually. The Personnel Management Specialist and Union President or designee will jointly select the peer Employee and peer supervisor, neither of whom will be involved in the issue. The Employee and the supervisor will have ten (10) calendar days to provide issues and interests in writing to the Committee. No member of the Committee will receive or review the written issues and interests from either party until all Committee members have been identified.
ADR Procedure. The ADR Procedure is as follows:
(i) Informal Resolution.
ADR Procedure. To begin the ADR process, a Party first must send written notice of the dispute to the other Party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) days after such notice is received (all references to “days” in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days after the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either Party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
ADR Procedure. Any ADR Procedure undertaken by the Indemnifying Person and the Indemnified Person shall be considered a compromise negotiation for purposes of federal and state rules of evidence, and all statements, offers, opinions and disclosures (whether written or oral) made in the course of the ADR Procedure by or on behalf of the Indemnifying Person, the Indemnified Person or the ADR Service shall be treated as confidential and, where appropriate, as privileged work product. Such statements, offers, opinions and disclosures shall not be discoverable or admissible for any purposes in any litigation or other proceeding relating to the Dispute (provided that this sentence shall not be construed to exclude from discovery or admission any matter that is otherwise discoverable or admissible). The fees and expenses of any ADR Service used by the Indemnifying Person and the Indemnified Person shall be shared equally by the Indemnifying Person, on the one hand, and the Indemnified Person on the other hand.
