CONSOLIDATION OF PROCEEDINGS a. It is understood that the County is entering into this type of agreement with exclusive representatives of other representation units of County employees. The County Executive or his designee shall be authorized to order the consolidation for purposes of hearing and decision of a complaint by the Association with one (1) or more complaints by exclusive representatives of other representation units, except as to unit representatives who file their complaints on dates which preclude the scheduling of the consolidated hearing.
b. Consolidation shall be effected by written notice by the County Executive to all unit representatives whose complaints are ordered consolidated. The written notice shall designate the arbitrator for the consolidated hearing from among those specified in Section 18.19-a., or in the event of their unavailability, the arbitrator selected pursuant to Section 18.19-b.
c. The Association shall be authorized to withdraw from the consolidated proceedings by serving written notice of withdrawal upon the County's Director of Labor Relations within five (5) calendar days after service of the notice of consolidation.
d. In the absence of agreement between the parties and the arbitrator, the arbitrator shall schedule the date, time and place of the hearing.
e. If the Association withdraws from a consolidated proceeding, the County shall have a right to a reasonable continuance of any hearing of the Association's complaint if necessary in order to avoid the hearing of more than one (1) complaint of a unit representative on the same day.
f. If the Association withdraws from a consolidated hearing, and subsequently an arbitrator makes a back-pay award under the Association's complaint, there shall be subtracted from the amounts owing any and all back-pay attributable to the period, between the date of an arbitrator's decision on the Association's complaint and the date of an arbitrator's decision on the complaint which is the first one decided among those ordered to be consolidated.
CONSOLIDATION OF PROCEEDINGS. The panel may consolidate two or more proceedings where such proceedings are related to the same measure or matter.
CONSOLIDATION OF PROCEEDINGS. Arbitration proceedings might be consolidated as agreed by the parties or determined by the ICC pursuant to the ICC Rules.
CONSOLIDATION OF PROCEEDINGS. Where more than one Party requests the establishment of a panel relating to the same matter or measure, and whenever feasible, a single panel should be established to examine complaints relating to the same matter.
CONSOLIDATION OF PROCEEDINGS. 1. If two or more claims have been submitted separately to arbitration under paragraph 2 of Article 25 and the claims have a question of law or fact in common and arise out of the same events or circumstances, any disputing party may seek a consolidation order in accordance with the agreement of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10.
2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General and to all the disputing parties sought to be covered by the order and shall specify the following in the request:
(a) the names and addresses of all the disputing parties sought to be covered by the order;
(b) the nature of the order sought; and
(c) the grounds on which the order is sought.
3. Unless the Secretary-General finds within 30 days after the date of receiving a request under paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this Article.
4. Unless all the disputing parties sought to be covered by the consolidation order agree otherwise, a tribunal established under this Article shall comprise three arbitrators:
(a) one arbitrator appointed by agreement of the claimants;
(b) one arbitrator appointed by the respondent; and
(c) the presiding arbitrator appointed by the Secretary-General, provided that the presiding arbitrator is not a national of either Contracting Party.
5. If, within 60 days after the date when the Secretary- General receives a request made under paragraph 2, the respondent fails or the claimants fail to appoint an arbitrator in accordance with paragraph 4, the Secretary- General, on request of any disputing party sought to be covered by the order, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed.
6. If a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration under paragraph 2 of Article 25 have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order:
(a) assume jurisdiction over, and hear and determine together, all or part of the claims;
(b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others; or...
CONSOLIDATION OF PROCEEDINGS. The arbitral tribunal may consolidate two or more proceedings regarding the same measure or the same matter with the consent of the Parties.
CONSOLIDATION OF PROCEEDINGS a. It is understood that the County is entering into this type of agreement with exclusive representatives of other representation units of County employees. The County Executive or designee shall be authorized to order the consolidation for purposes of hearing and decision of a complaint by the Union with one (1) or more complaints by exclusive representatives of other representation units, except as to unit representatives who file their complaints on dates which preclude the scheduling of the consolidated hearing within the time prescribed by Section 16.12.
b. Consolidation shall be effective by written notice by the County Executive to all unit representatives whose complaints are ordered consolidated. The written notice shall designate the arbitrator for the consolidated hearing from among those specified in Section 16.14-a., or in the event of unavailability of those specified, the arbitrator selected by the American Arbitration Association pursuant to Section 16.14-b.
c. The Union shall be authorized to withdraw from the consolidated proceedings by serving written notice of withdrawal upon the County's Director of Personnel Services within five (5) calendar days after service of the notice of consolidation.
d. In the absence of agreement between the parties and the arbitrator, the arbitrator shall schedule the date, time and place of the hearing.
e. If the Union withdraws from a consolidated proceeding, the County shall, notwithstanding the provisions of Section 16.12, have a right to a reasonable continuance of any hearing of the Union's complaint if necessary in order to avoid the hearing of more than one (1) complaint of a unit representative on the same day.
f. If the Union withdraws from a consolidated hearing, and if the arbitrator makes a back-pay award under the Union's complaint, there shall be subtracted from the amounts owing any and all back-pay attributable to the period, if any, between the date of the arbitrator's decision on the Union's complaint and:
(1) The date of the arbitrator's decision in the consolidated proceeding from which the Union withdrew, if any, or if all unit representatives withdrew from the consolidation except one (1).
(2) The date of the arbitrator's decision with respect to the complaint of the unit representative who did not withdraw from the consolidation, or, if all of the unit representatives withdrew from the consolidation.
(3) The date of the arbitrator's decision on the complaint which is the first one de...
CONSOLIDATION OF PROCEEDINGS. At the Dealer’s sole option, any arbitration under the provisions of this Agreement may be consolidated with any other arbitration proceeding involving the Dealer and presenting similar issues of fact or law.
CONSOLIDATION OF PROCEEDINGS. The Parties acknowledge that a dispute under this Agreement may be based on facts or issues of law that also apply or relate to a dispute under a contract between Owner, Architect or CM/GC and another IPD Team Member and that in these circumstances it may be appropriate for the dispute proceedings that may have been initiated under two or more of these agreements to be consolidated into one proceeding.
31.13.1 DefinitionFor the purposes of this Section 31.13, “proceeding” means a Claim that has been referred to an Independent Expert in accordance with Section 31.9, mediation in accordance with Section 31.10 or arbitration in accordance with Section 31.12, between:
(a) Owner and Architect under this Agreement;
(b) Owner and CM/GC under this Agreement;
(c) Architect and CM/GC under this Agreement;
(d) Owner, Architect and CM/GC under this Agreement; or
(e) any one or more of Owner, Architect and CM/GC and another other IPD Team Member.
CONSOLIDATION OF PROCEEDINGS. If (a) a Dispute under this Agreement and one or more disputes under one of the other Elm Road Documents involves common issues of fact or law, (b) consolidating the disputes into one proceeding would be more efficient than separate proceedings and (c) no party to any of the disputes would be prejudiced as a result of such consolidation through undue delay or otherwise, then the Parties to the Dispute shall use commercially reasonable efforts to consolidate such disputes into one proceeding to facilitate the comprehensive resolution of the disputes.
