Assignment of a Single Arbitrator. (a) When a party has requested that a grievance be submitted to an arbitration and either party has requested that a hearing date be set, an arbitrator will be assigned from the mutually agreed upon list of single arbitrators. (b) Depending upon availability, single arbitrators shall be assigned cases on a rotating basis. (c) The parties shall agree upon a list of arbitrators which shall be appended to this agreement. An arbitrator may be removed from the list by mutual agreement. (d) The parties shall endeavour to develop and maintain a list of acceptable arbitrators which is gender balanced. (e) The parties agree to the following as a pilot project for the term of the 18th Main Agreement: (1) The parties will schedule four blocks of arbitration dates ("Blocks") for each year within the term of the 18th Main Agreement. Blocks will be five days long and scheduled by mutual agreement, to facilitate the expeditious resolution of grievances scheduled for full hearing ("Cases"). This does not preclude the parties from scheduling additional mutually agreeable hearing dates. (2) Designated representatives from both parties will meet no later than 90 days prior to the scheduled start of the Block to discuss which Cases will be assigned to each Block. The determination of Cases to be scheduled to each Block will be by mutual agreement and must be established no later than 75 days prior to the start of the Block. The parties will prioritize terminations. (3) The parties agree to fully utilize the scheduled dates in each Block. The parties agree that they will schedule an appropriate number of Cases for each Block with the intent to fill up the days. In anticipation that those Cases are settled or withdrawn prior to the hearing, or mediated or resolved early in the Block, the parties will also schedule no more than two additional Cases that can reasonably be anticipated to last no more than five days. (4) Cases that had not been identified under (1) and (2) may not be added to the scheduled dates except by mutual agreement. (5) The parties agree that the initial disclosure of evidence will take place by the party bearing the onus a minimum of 60 days prior to the commencement of the Block to which the Case is assigned, with disclosure by the other party to take place a minimum of 30 days prior to the commencement of the Block. (6) The parties agree that Xxxx Xxxxx, or another arbitrator as mutually agreed, shall be appointed to act as arbitrator under this pilot project, and unless otherwise mutually agreed, the hearings will take place in Vancouver. The Arbitrator will deliver the award in writing to the parties within 60 days following the conclusion of the arbitration hearing. All awards shall be final and binding upon the parties, but in no event shall the Arbitrator have the power to alter, modify or amend this agreement in any respect. (7) Any Case assigned to a Block that is not heard within that Block may, by mutual agreement, be assigned to a different arbitrator pursuant to Article 9.2. However, if a Case is commenced during the Block, but the arbitration is not completed, the Arbitrator will retain jurisdiction over that Case and it shall be completed during a subsequent Block. (8) Unless agreed to by the parties, this provision - Article 9.2(e) will expire at the end of the term of the 18th Main Agreement.
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Assignment of a Single Arbitrator. (a) When a party has requested that a grievance be submitted to an arbitration and either party has requested that a hearing date be set, an arbitrator will be assigned from the mutually agreed upon list of single arbitrators.
(b) Depending upon availability, single arbitrators shall be assigned cases on a rotating basis.
(c) The parties shall agree upon a list of arbitrators which shall be appended to this agreement. An arbitrator may be removed from the list by mutual agreement.
(d) The parties shall endeavour to develop and maintain a list of acceptable arbitrators which is gender balanced.
(e) The parties agree to the following as a pilot project for the term of the 18th Main Agreement:
(1) The parties will schedule four blocks of arbitration dates ("Blocks") for each year within the term of the 18th Main Agreement. Blocks will be five days long and scheduled by mutual agreement, to facilitate the expeditious resolution of grievances scheduled for full hearing ("Cases"). This does not preclude the parties from scheduling additional mutually agreeable hearing dates.
(2) Designated representatives from both parties will meet no later than 90 days prior to the scheduled start of the Block to discuss which Cases will be assigned to each Block. The determination of Cases to be scheduled to each Block will be by mutual agreement and must be established no later than 75 days prior to the start of the Block. The parties will prioritize terminations.
(3) The parties agree to fully utilize the scheduled dates in each Block. The parties agree that they will schedule an appropriate number of Cases for each Block with the intent to fill up the days. In anticipation that those Cases are settled or withdrawn prior to the hearing, or mediated or resolved early in the Block, the parties will also schedule no more than two additional Cases that can reasonably be anticipated to last no more than five days.
(4) Cases that had not been identified under (1) and (2) may not be added to the scheduled dates except by mutual agreement.
(5) The parties agree that the initial disclosure of evidence will take place by the party bearing the onus a minimum of 60 days prior to the commencement of the Block to which the Case is assigned, with disclosure by the other party to take place a minimum of 30 days prior to the commencement of the Block.
(6) The parties agree that Xxxx Xxxxx, or another arbitrator as mutually agreed, shall be appointed to act as arbitrator under this pilot project, and unless otherwise mutually agreed, the hearings will take place in Vancouver. The Arbitrator will deliver the award in writing to the parties within 60 days following the conclusion of the arbitration hearing. All awards shall be final and binding upon the parties, but in no event shall the Arbitrator have the power to alter, modify or amend this agreement in any respect.
(7) Any Case assigned to a Block that is not heard within that Block may, by mutual agreement, be assigned to a different arbitrator pursuant to Article 9.2. However, if a Case is commenced during the Block, but the arbitration is not completed, the Arbitrator will retain jurisdiction over that Case and it shall be completed during a subsequent Block.
(8) Unless agreed to by the parties, this provision - Article 9.2(e) will expire at the end of the term of the 18th Main Agreement. *Note: The pilot project is conditional upon the parties agreeing on the selection of arbitrators and their acceptance of the assignment.
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Assignment of a Single Arbitrator. (a) When a party has requested that a grievance be submitted to an arbitration and either party has requested that a hearing date be set, an arbitrator will be assigned from the mutually agreed upon list of single arbitrators.
(b) Depending upon availability, single arbitrators shall be assigned cases on a rotating basis.
(c) The parties shall agree upon a list of arbitrators which shall be appended to this agreement. An arbitrator may be removed from the list by mutual agreement.
(d) The parties shall endeavour to develop and maintain a list of acceptable arbitrators which is gender balanced.
(e) The parties agree to the following as a pilot project for the term of the 18th 19th Main Agreement:
(1) The parties will schedule four blocks of arbitration dates ("Blocks") for each year within the term of the 18th 19th Main Agreement. Blocks will be five days long and scheduled by mutual agreement, to facilitate the expeditious resolution of grievances scheduled for full hearing ("Cases"). This does not preclude the parties from scheduling additional mutually agreeable hearing dates.
(2) Designated representatives from both parties will meet no later than 90 days prior to the scheduled start of the Block to discuss which Cases will be assigned to each Block. The determination of Cases to be scheduled to each Block will be by mutual agreement and must be established no later than 75 90 days prior to the start of the BlockBlock or these timelines may be adjusted by mutual agreement. The parties Terminations will prioritize terminationsdefault to 9(2)(e), unless one party puts the other on notice that the grievance will proceed under 9.2(b) above.
(3) The parties will agree on an arbitrator to serve as lead block booking arbitrator and case manager (“Lead Arbitrator”) within 90 days of the ratification of the 19th Main Agreement. The parties agree to fully utilize the scheduled dates in each Block. The parties agree that they will schedule an appropriate number of Cases for each Block with the intent to fill up the days. In anticipation that those Cases are settled or withdrawn prior to the hearing, or mediated or resolved early in the Block, the parties will also schedule no more than two additional Cases that can reasonably be anticipated to last no more than five days.
(4) Cases that had not been identified under (1) and (2) may not be added to the scheduled dates except by mutual agreement.
(5) The parties agree that the initial disclosure of evidence will take place by the party bearing the onus a minimum of 60 days prior to the commencement of the Block to which the Case is assigned, with disclosure by the other party to take place a minimum of 30 days prior to the commencement of the Block.
(6) The parties agree that Xxxx Xxxxxan arbitrator, or another arbitrator as mutually agreed, shall be appointed to act as arbitrator Lead Arbitrator under this pilot project, project and unless otherwise mutually agreed, the hearings will take place in Vancouver. The Arbitrator will deliver the award in writing to the parties within 60 days following the conclusion of the arbitration hearing. All awards shall be final and binding upon the parties, but in no event shall the Arbitrator have the power to alter, modify or amend this agreement in any respect.
(7) Any Case assigned to a Block that is not heard within that Block may, by mutual agreement, be assigned to a different arbitrator pursuant to Article 9.2. However, if a Case is commenced during the Block, but the arbitration is not completed, the Arbitrator will retain jurisdiction over that Case and it shall be completed during a subsequent Block.
(8) Unless agreed to by the parties, this provision - ‐ Article 9.2(e) will expire at the end of the term of the 18th 19th Main Agreement. *Note: The pilot project is conditional upon the parties agreeing on the selection of arbitrators and their acceptance of the assignment.
Appears in 1 contract
Samples: Public Service Agreement
Assignment of a Single Arbitrator. (a) When a party has requested that a grievance be submitted to an arbitration and either party has requested that a hearing date be set, an arbitrator will be assigned from the mutually agreed upon list of single arbitrators.
(b) Depending upon availability, single arbitrators shall be assigned cases on a rotating basis.
(c) The parties shall agree upon a list of arbitrators which shall be appended to this agreement. An arbitrator may be removed from the list by mutual agreement.
(d) The parties shall endeavour to develop and maintain a list of acceptable arbitrators which is gender balanced.
(e) The parties agree to the following as a pilot project for the term of the 18th 19th Main Agreement:
(1) The parties will schedule four blocks of arbitration dates ("Blocks") for each year within the term of the 18th 19th Main Agreement. Blocks will be five days long and scheduled by mutual agreement, to facilitate the expeditious resolution of grievances scheduled for full hearing ("Cases"). This does not preclude the parties from scheduling additional mutually agreeable hearing dates.
(2) Designated representatives from both parties will meet no later than 90 days prior to the scheduled start of the Block to discuss which Cases will be assigned to each Block. The determination of Cases to be scheduled to each Block will be by mutual agreement and must be established no later than 75 90 days prior to the start of the BlockBlock or these timelines may be adjusted by mutual agreement. The parties Terminations will prioritize terminationsdefault to 9(2)(e), unless one party puts the other on notice that the grievance will proceed under 9.2(b) above.
(3) The parties will agree on an arbitrator to serve as lead block booking arbitrator and case manager (“Lead Arbitrator”) within 90 days of the ratification of the 19th Main Agreement. The parties agree to fully utilize the scheduled dates in each Block. The parties agree that they will schedule an appropriate number of Cases for each Block with the intent to fill up the days. In anticipation that those Cases are settled or withdrawn prior to the hearing, or mediated or resolved early in the Block, the parties will also schedule no more than two additional Cases that can reasonably be anticipated to last no more than five days.
(4) Cases that had not been identified under (1) and (2) may not be added to the scheduled dates except by mutual agreement.
(5) The parties agree that the initial disclosure of evidence will take place by the party bearing the onus a minimum of 60 days prior to the commencement of the Block to which the Case is assigned, with disclosure by the other party to take place a minimum of 30 days prior to the commencement of the Block.
(6) The parties agree that Xxxx Xxxxxan arbitrator, or another arbitrator as mutually agreed, shall be appointed to act as arbitrator Lead Arbitrator under this pilot project, project and unless otherwise mutually agreed, the hearings will take place in Vancouver. The Arbitrator will deliver the award in writing to the parties within 60 days following the conclusion of the arbitration hearing. All awards shall be final and binding upon the parties, but in no event shall the Arbitrator have the power to alter, modify or amend this agreement in any respect.
(7) Any Case assigned to a Block that is not heard within that Block may, by mutual agreement, be assigned to a different arbitrator pursuant to Article 9.2. However, if a Case is commenced during the Block, but the arbitration is not completed, the Arbitrator will retain jurisdiction over that Case and it shall be completed during a subsequent Block.
(8) Unless agreed to by the parties, this provision - Article 9.2(e) will expire at the end of the term of the 18th 19th Main Agreement. *Note: The pilot project is conditional upon the parties agreeing on the selection of arbitrators and their acceptance of the assignment.
Appears in 1 contract
Samples: Public Service Agreement
