Arbitration - Expedited. 1. The parties agree to use an expedited arbitration system for all non-priority grievances, except as otherwise provided herein. The arbitrator shall be assigned from a designated panel. The arbitrator shall be a member of the Expedited Panel agreed upon by the parties. After the parties have signed the Step 4 resolution moving the grievance to Expedited arbitration, the parties shall arrange a place and date to conduct the hearing within a period of not more than sixty (60) days. Nothing herein precludes multiple cases being heard on the same day before the same arbitrator. 2. If either party concludes that the issues involved are of such complexity or significance as to warrant referral to the Regular Arbitration Panel, that party shall notify the other party of same at least five (5) working days prior to the scheduled time for the expedited arbitration. If there is a cancellation fee, that party shall bear the cost. 3. The hearing shall be conducted in accordance with the following: a) the hearing shall be informal; b) no briefs shall be filed or transcripts made; c) there shall be no formal rules of evidence; d) the hearing shall normally be completed within one day; e) if the parties mutually agree at the hearing that the issues involved are of such complexity or significance as to warrant reference to the Regular Arbitration Panel, the case shall be referred to that panel and the parties shall split the arbitrator’s cost; and f) the arbitrator may issue a bench decision at the hearing but in any event shall render a decision within two (2) working days after conclusion of the hearing. Such decision shall be based on the evidence before the arbitrator and shall include a brief written explanation of the basis for such conclusion. An arbitrator who issues a bench decision shall furnish a written copy of the award to the parties within two (2) working days of the close of the hearing; g) the parties agree to attempt to arrive at a joint stipulation of facts and issues prior to arbitration; h) the parties shall attempt to limit the number of witnesses and the overall time for the presentation of the grievance so that additional grievances may be presented on the same day. Discussion for the purpose of limiting the length of the arbitration shall take place prior to the date of the arbitration. 4. A decision by a member of the Expedited Panel shall be final and binding, except it shall not be regarded as precedent or be cited in any future proceeding. Regular Arbitration 1. Only priority grievances as defined in the MOU on Special Grievances, contract interpretation cases or those other disputes as may be mutually determined by the parties shall be scheduled for Regular Arbitration. 2. Arbitrators shall be selected from a permanent regular panel agreed upon by the parties. Each such arbitrator shall commit in advance to a minimum of two dates a month for the calendar year. 3. The parties shall make every effort to have the dispute heard at an arbitration hearing to be held within sixty (60) days following the Step 4A signoff. 4. The arbitrator in any given case must render an award therein within thirty (30) days of the close of the record in the case.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration - Expedited. 1. The parties agree to use an expedited arbitration system for all non-priority grievances, except as otherwise provided herein. The arbitrator shall be assigned from a designated panel. The arbitrator shall be a member of the Expedited Panel agreed upon by the parties. After the parties have signed the Step 4 resolution moving the grievance to Expedited arbitration, the parties shall arrange a place and date to conduct the hearing within a period of not more than sixty (60) days. Nothing herein precludes multiple cases being heard on the same day before the same arbitrator.
2. If either party concludes that the issues involved are of such complexity or significance as to warrant referral to the Regular Arbitration Panel, that party shall notify the other party of same at least five (5) working days prior to the scheduled time for the expedited arbitration. If there is a cancellation fee, that party shall bear the cost.
3. The hearing shall be conducted in accordance with the following:
a) the hearing shall be informal;
b) no briefs shall be filed or transcripts made;
c) there shall be no formal rules of evidence;
d) the hearing shall normally be completed within one day;
e) if the parties mutually agree at the hearing that the issues involved are of such complexity or significance as to warrant reference to the Regular Arbitration Panel, the case shall be referred to that panel and the parties shall split the arbitrator’s cost; and
f) the arbitrator may issue a bench decision at the hearing but in any event shall render a decision within two (2) working days after conclusion of the hearing. Such decision shall be based on the evidence before the arbitrator and shall include a brief written explanation of the basis for such conclusion. An arbitrator who issues a bench decision shall furnish a written copy of the award to the parties within two (2) working days of the close of the hearing;
g) the parties agree to attempt to arrive at a joint stipulation of facts and issues prior to arbitration;
h) the parties shall attempt to limit the number of witnesses and the overall time for the presentation of the grievance so that additional grievances may be presented on the same day. Discussion for the purpose of limiting the length of the arbitration shall take place prior to the date of the arbitration.
4. A decision by a member of the Expedited Panel shall be final and binding, except it shall not be regarded as precedent or be cited in any future proceeding. Regular Arbitration.
1. Only priority grievances as defined in the MOU on Special Grievances, contract interpretation cases or those other disputes as may be mutually determined by the parties shall be scheduled for Regular Arbitration.
2. Arbitrators shall be selected from a permanent regular panel agreed upon by the parties. Each such arbitrator shall commit in advance to a minimum of two dates a month for the calendar year. If the parties are unable to agree on an arbitrator, the parties shall meet to discuss an alternative measure to select an arbitrator.
3. The parties shall make every effort to have the dispute heard at an arbitration hearing to be held within sixty (60) days following the Step 4A signoff.
4. The arbitrator in any given case must render an award therein within thirty (30) days of the close of the record in the case.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration - Expedited. 1. The parties agree to use an expedited arbitration system for all non-priority grievances, except as otherwise provided herein. The arbitrator shall be assigned from a designated panel. The arbitrator shall be a member of the Expedited Panel agreed upon by the parties. After the parties have signed the Step 4 resolution moving the grievance to Expedited arbitration, the parties shall arrange a place and date to conduct the hearing within a period of not more than sixty (60) days. Nothing herein precludes multiple cases being heard on the same day before the same arbitrator.
2. If either party concludes that the issues involved are of such complexity or significance as to warrant referral to the Regular Arbitration Panel, that party shall notify the other party of same at least five (5) working days prior to the scheduled time for the expedited arbitration. If there is a cancellation fee, that party shall bear the cost.
3. The hearing shall be conducted in accordance with the following:
a) the hearing shall be informal;
b) no briefs shall be filed or transcripts made;
c) there shall be no formal rules of evidence;
d) the hearing shall normally be completed within one day;
e) if the parties mutually agree at the hearing that the issues involved are of such complexity or significance as to warrant reference to the Regular Arbitration Panel, the case shall be referred to that panel and the parties shall split the arbitrator’s cost; and
f) the arbitrator may issue a bench decision at the hearing but in any event shall render a decision within two (2) 2 working days after conclusion of the hearing. Such decision shall be based on the evidence before the arbitrator and shall include a brief written explanation of the basis for such conclusion. An arbitrator who issues a bench decision shall furnish a written copy of the award to the parties within two (2) working days of the close of the hearing;
g) the parties agree to attempt to arrive at a joint stipulation of facts and issues prior to arbitration;
h) the parties shall attempt to limit the number of witnesses and the overall time for the presentation of the grievance so that additional grievances may be presented on the same day. Discussion for the purpose of limiting the length of the arbitration shall take place prior to the date of the arbitration.
4. A decision by a member of the Expedited Panel shall be final and binding, except it shall not be regarded as precedent or be cited in any future proceeding. Regular Arbitration
1. Only priority grievances as defined in the MOU on Special Grievances, contract interpretation cases or those other disputes as may be mutually determined by the parties shall be scheduled for Regular Arbitration.
2. Arbitrators In order to avoid loss of available hearing time, the parties may schedule a primary arbitration case and a back-up arbitration case for each day of hearing set before an arbitrator, who shall be selected from a permanent regular panel agreed upon by the parties. Each such arbitrator shall commit in advance to a minimum of two dates a month for the calendar year.
3. Unless the parties agree otherwise, the primary arbitration case shall be a priority grievance as defined by the MOU on Special Grievances, unless there are no priority grievances pending at arbitration. The parties back-up case shall make every effort to have be a contract interpretation case. If the dispute primary case is heard, the back-up case that has been scheduled in conjunction with such case shall be heard at an arbitration hearing to be held as a primary case within sixty forty-five (6045) days following the Step 4A signoffcalendar days.
4. The arbitrator in any given In the event the parties settle or the Union withdraws the primary case must render an award therein within thirty five (305) working days of or more prior to the close of scheduled arbitration date, the record in back-up case shall be heard. If the case.parties settle a case less than five
Appears in 1 contract
Samples: Collective Bargaining Agreement