Board of Arbitrators Sample Clauses

Board of Arbitrators. The panel of arbitrators shall be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the Federal Mediation and Conciliation Service (FMCS) within thirty (30) working days of the signing of this Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six (6) month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the FMCS. The selected arbitrator shall be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator shall be submitted to the Employer and to the Association and shall be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from or eliminate any of the terms of this Agreement. The arbitrator shall have the power to return a grievant to bargaining unit member status with or without restoration of back pay or mitigate the penalty as equity suggests under the facts.
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Board of Arbitrators. In any case in which a Board of Arbitrators shall be required under this Agreement, the Company and the Union shall each appoint one arbitrator and the two arbitrators so appointed shall appoint a third. No person may be named as an arbitrator who has participated directly in an attempt to settle the grievance. The arbitrators to be appointed by the Company and the Union shall be appointed within 10 days from the date of receipt of notice of arbitration. In the event that either party shall fail to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behalf of the defaulting party. If the grievance referred to a Board of Arbitration is settled prior to the hearing another outstanding grievance may be referred to the Board of Arbitration by mutual agreement of the Company and the Union.
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Board of Arbitrators. The panel of arbitrators will be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the United States Federal Mediation and Conciliation Service (USFMCS) within thirty (30) working days of the signing of the Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six- month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS. The selected arbitrator will be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time, and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator will be submitted to the Employer and to the Association and will be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, or eliminate any of the terms of this Agreement. The Arbitrator can only modify a penalty or other management action by finding a contractual violation. The arbitrator shall have the power to return a grievant to employee status with or without restoration of back pay, or mitigate the penalty if the arbitrator determines there has been a contractual violation. Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party shall be free to take whatever action it deems necessary within the confines of this agreement.
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Board of Arbitrators. In any case in which a Board of Arbitrators shall be required under this Agreement, the Company and the Union shall each appoint one arbitrator and the two arbitrators so appointed shall appoint a third. No person may be named as an arbitrator who has participated directly in an attempt to settle the grievance or direct difference. The arbitrators to be appointed by the Company and the Union shall be appointed within days from the date of receipt of notice of arbitration. If either party shall fail to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behalf of the defaulting party. Within a period of days from the later of the dates of their respective appointments the arbitrators representing the Union and the Company shall try to agree upon the appointment of a third arbitrator who shall act chairman of the board. If they fail to so agree, the arbitrator appointed to represent the party which sent the notice of arbitration shall within a further period of days after the of such first mentioned period of days request the Arbitration Commission of Ontario to select a third arbitrator However, if such request is not made within such further period of days then the grievance or direct difference will be deemed to have been abandoned The Board of Arbitrators shall hear and determine the grievance or direct difference and shall issue a decision. Such decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman shall govern. In no event shall the Board of Arbitrators be authorized to alter, modify or amend any part of this Agreement.
Sample 1
Board of Arbitrators. In any case in which a Board of Arbitrators shaII be required under this Agreement, the Company and the Union shaII each appoint one arbitrator and the two arbitrators so appointed shaII appoint a third. No person may be named as an arbitrator who has participated directIy in an attempt to settIe the grievance. The arbitrators to be appointed by the Company and the Union shaII be appointed within 10 days from the date of receipt of notice of arbitration. In the event that either party shaII faiI to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behaIf of the defauIting party. If the grievance referred to a Board of Arbitration is settIed prior to the hearing another outstanding grievance may be referred to the Board of Arbitration by mutuaI agreement of the Company and the Union.
Sample 1
Board of Arbitrators. Notwithstanding the foregoing provisions respecting the engagement of a Sole Arbitrator, if one party so proposes, a Board of Arbitration shall be chosen to act in the same capacity and having the same powers as a Sole Arbitrator. The party seeking the establishment of a Board of Arbitration shall notify the other party within ten (10) days of the expired time limit for the last step of the Grievance Procedure, of its intention to proceed to Arbitration and at the same time shall name its nominee. a. The recipient of the notice shall, within ten (10) days of the receipt of the notice, name its nominee to the Board of Arbitration. b. The two (2) nominees shall endeavour to agree upon a third person to act as Chairperson within fifteen (15) days of the appointment of the second nominee. If the nominees fail to agree on a Chairperson, either one of them may request that the applicable government Ministry make the appointment. c. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto. d. Each of the parties shall be responsible for the fees and expenses of its nominee and its own witnesses. The fees and expenses of the Chairperson shall be shared equally by the parties to this Agreement
Sample 1

Related to Board of Arbitrators

  • Board of Arbitration (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees shall select an impartial chairperson.

  • Authority of Arbitration Board The Arbitration Board shall have the power to settle the terms of the question to be arbitrated.

  • Number of Arbitrators The arbitral tribunal shall consist of: i. Sole Arbitrator in cases where the total value of all claims in question added together does not exceed Rs. 2.00 crores;

  • Expenses of Arbitration Board ‌ Each party shall pay: (a) the fees and expenses of the nominee it appoints; and (b) one-half of the fees and expenses of the Chairperson.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators: (a) one arbitrator appointed by each of the disputing parties; and (b) the third arbitrator, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. The third arbitrator shall be a national of a non-Member State which has diplomatic relations with the disputing Member State and non-disputing Member State, and shall not have permanent residence in either the disputing Member State or non- disputing Member State. 2. Any person appointed as an arbitrator shall have expertise or experience in public international law, international trade or international investment rules. An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral proceedings. 3. Subject to Article 36 (Conduct of the Arbitration), if a tribunal has not been constituted within 75 days from the date that a claim is submitted to arbitration under this Section, the Appointing Authority, on the request of a disputing party, shall appoint, in his or her discretion, the arbitrator or arbitrators who have not been appointed. 4. The tribunal shall reach its decisions by a majority of votes and its decisions shall be binding. 5. The parties to the dispute shall bear the cost of their respective arbitrators to the tribunal and share equally the cost of the presiding arbitrator and other relevant costs. In all other respects, the tribunal shall determine its own procedures. 6. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 7. Where any arbitrator appointed as provided for in this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

  • Expenses of Arbitrator Each Party shall pay one-half (½) of the fees and expenses of the Arbitrator.

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

  • Arbitrators (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties. (b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter. (c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. (d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing. (e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.

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