Commitment to Avoid Arbitration Sample Clauses

Commitment to Avoid Arbitration. The parties to this Agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resorting to Arbitration. For these reasons, the parties shall take advantage of the process for mediation/arbitration wherever possible. Notwithstanding the foregoing, either party may determine it is better served to go directly to Arbitration. That party shall notify the other in writing. Should a party wish to mediate one (1) or more grievances prior to hearing them at Arbitration or mediation/arbitration, it shall notify the other party of its request to do so in writing and the parties shall meet within fifteen (15) days to determine whether the parties mutually agree to mediate one (1) or more of the grievances. If the parties agree to mediate any grievances, the parties shall agree upon and share the cost of the mediator and schedule the mediation as expeditiously as possible, and in any event any mediation scheduled must be at least sixty (60) days before any scheduled Arbitration.
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Commitment to Avoid Arbitration. The parties to this agreement wish to encourage the settlement of grievances as soon as it is possible and wherever possible without resorting to arbitration. For these reasons, the parties shall take advantage of the process for mediation/arbitration wherever possible as provided for in the Labour Relations Act. Not withstanding the foregoing, either party may determine it is better served to go directly to arbitration. That party shall notify the other in writing.
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Commitment to Avoid Arbitration. The parties to this agreement wish to the settlement of grievances as soon as is possible and, wherever possible, without resorting to arbitration. For these reasons, the parties shall take advantage of the process for wherever possible as provided for in of the Labour Relations Act, as amended) (the “Act”). Notwithstanding the foregoing, either party may determine it is better served to go directly to arbitration. That party shall notify the other in writing. “ARBITRATION BOARD” Where “Arbitration Board” is referred to in the agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. NOTWITHSTANDING Notwithstandingthe time limits as set out herein, in the interest of bringing the matter to an expeditious conclusion, where the decision or response is provided in less than the number of days provided above, any subsequent response will measure from the receipt of the response.
Sample 1
Commitment to Avoid Arbitration. The parties to this agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resorting to arbitration. For these reasons, the parties shall take advantage of the process for mediation/arbitration wherever possible as provided for in S. 50 of the Labour Relations Act, 1995 (S.O. 1995 as amended) (the “Act”). Notwithstanding the foregoing, either party may determine it is better served to go directly to arbitration. That party shall notify the other in writing.
Sample 1
Commitment to Avoid Arbitration. The parties to this Agreement wish to encourage the settlement of grievances as soon as is possible and, wherever possible, without resorting to Arbitration. For these reasons, the parties shall take advantage of the p rocess for mediation/a rbitration wherever possible. Notwithstanding the foregoing , either party may determine it is better served to go directly to Arbitration. That party shall notify the other in writing . Should a party wish to mediate one (1 ) or more grievances prior to hearing them at Arbitration or mediation/arbitration, it shall notify the other party of its req uest to J ncontrolled copy of 5-500-5486-201 9033 1-18 CA do so in writing and the parties shall meet within fifteen (15) days to determine whether the parties mutually agree to mediate one (1) or more of the grievances. If the parties agree to mediate any grievances, the parties shall agree upon and share the cost of the mediator and schedule the mediation as expeditiously as possible, and in any event any mediation scheduled must be at least sixty (60) days before any scheduled Arbitration.
Sample 1

Related to Commitment to Avoid Arbitration

  • CLASS-ARBITRATION WAIVER ARBITRATION IS HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR WE AGAINST YOU, OR AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AND WE ALSO WAIVE ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Medical Center Chief Administrative Officer or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators from Washington and Oregon and the parties shall alternate in striking names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Step Four - Arbitration 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • GRIEVANCES AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Addendum B, attached hereto, shall be utilized to resolve grievances.

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