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Common use of CONSOLIDATION OF PROCEEDINGS Clause in Contracts

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 decided among those of unit representatives which the County Executive ordered to be consolidated.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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 Union UPE 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 16.1217.12 above. b. Consolidation shall be effective 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 16.1417.14-a., below, or in the event of unavailability of those specified, the arbitrator selected by the American Arbitration Association pursuant to Section 16.1417.14-b., below. c. The Union UPE shall be authorized to withdraw from the consolidated proceedings by serving written notice of withdrawal upon the County's Director of Personnel Services 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 Union UPE withdraws from a consolidated proceeding, the County shall, notwithstanding the provisions of Section 16.1217.12 above, have a right to a reasonable continuance of any hearing of the UnionUPE'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 UPE withdraws from a consolidated hearing, and if the arbitrator makes a back-pay award under the UnionUPE'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 UnionUPE's complaint and: (1) The date of the arbitrator's decision in the consolidated proceeding from which the Union UPE 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 decided among those of unit representatives which the County Executive ordered to be consolidated.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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 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 decided among those of unit representatives which the County Executive ordered to be consolidated.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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 Union UPE 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 16.1217.12 above. b. Consolidation shall be effective 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 16.1417.14-a., below, or in the event of unavailability of those specified, the arbitrator selected by the American Arbitration Association pursuant to Section 16.1417.14-b., below. c. The Union UPE shall be authorized to withdraw from the consolidated proceedings by serving written notice of withdrawal upon the County's Director of Personnel Services 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 Union UPE withdraws from a consolidated proceeding, the County shall, notwithstanding the provisions of Section 16.1217.12 above, have a right to a reasonable continuance of any hearing of the UnionUPE'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 UPE withdraws from a consolidated hearing, and if the arbitrator makes a back-pay award under the UnionUPE'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 UnionUPE's complaint and: (1) The date of the arbitrator's decision in the consolidated proceeding from which the Union UPE withdrew, if any, or if all unit representatives withdrew from the consolidation except one (1).representatives (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 decided among those of unit representatives which the County Executive ordered to be consolidated.

Appears in 1 contract

Samples: Collective Bargaining Agreement