Common use of Disputes and Challenges Clause in Contracts

Disputes and Challenges. Any dispute between AFSCME and the State as to the meaning or application of Article IV, Section 14 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCME. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCME’s notice. AFSCME and a challenger may voluntarily settle or compromise the dispute between AFSCME and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME and the challenger.

Disputes and Challenges. Any dispute between AFSCME the Union and the State as to the meaning or application of Article IV, Section 14 16 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME the Union shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCMEthe Union. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCMEthe Union’s notice. AFSCME The Union and a challenger may voluntarily settle or compromise the dispute between AFSCME the Union and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME the Union shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME the Union and the challenger.

Disputes and Challenges. Any dispute between AFSCME and the State as to the meaning or application of Article IV, Section 14 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cancan not be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCME. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCME’s notice. AFSCME and a challenger may voluntarily settle or compromise the dispute between AFSCME and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME and the challenger.

Disputes and Challenges. Any dispute between AFSCME and the State as to the meaning or application of Article IV, Section 14 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed tiled challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “"Rules”") established by the American Arbitration Association (AAA). The employee and AFSCME shall each be responsible for their own attorney’s 's fees and other representation costs. All arbitration related costs shall be borne by AFSCME. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCME’s 's notice. AFSCME and a challenger may voluntarily settle or compromise the dispute between AFSCME and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s 's funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME and the challenger.

Disputes and Challenges. Any dispute between AFSCME the Union and the State as to the meaning or application of Article IV, Section 14 16 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cancan not be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME the Union shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCMEthe Union. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCMEthe Union’s notice. AFSCME The Union and a challenger may voluntarily settle or compromise the dispute between AFSCME the Union and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME the Union shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME the Union and the challenger.

Disputes and Challenges. Any dispute between AFSCME and the State as to the meaning or application of Article IV, Section 14 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “"Rules”") established by the American Arbitration Association (AAA). The employee and AFSCME shall each be responsible for their own attorney’s 's fees and other representation costs. All arbitration related costs shall be borne by AFSCME. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCME’s 's notice. AFSCME and a challenger may voluntarily settle or compromise the dispute between AFSCME and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME shall place an amount equal to the fees collected from the challenger into an interest bearing escrow account, separate from the union’s 's funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME and the challenger.

Disputes and Challenges. Any dispute between AFSCME the Union and the State as to the meaning or application of Article IV, Section 14 16 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME the Union shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCMEthe Union. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCMEthe Union’s notice. AFSCME The Union and a challenger may voluntarily settle or compromise the dispute between AFSCME the Union and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME the Union shall place an amount equal to the fees collected from the challenger into an interest interest-bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME the Union and the challenger.

Disputes and Challenges. Any dispute between AFSCME and the State as to the meaning or application of Article IV, Section 14 of the Agreement and/or any as to the administration of the service fee will constitute a complaint within the meaning of the dispute resolution procedure in Article VIII of this MOU and will be processed accordingly. Any timely filed challenge to the calculation of chargeable expenses that cannot be resolved between the union and fee payer within thirty (30) day of the close of the challenge period shall be expeditiously resolved by an impartial arbitrator. The impartial arbitrator shall be selected under, and the proceedings conducted in accordance with, the Rules for Impartial Determination of Union Fees (the “Rules”) established by the American Arbitration Association (AAA). The employee and AFSCME shall each be responsible for their own attorney’s fees and other representation costs. All arbitration related costs shall be borne by AFSCME. All challenges properly filed shall be consolidated in a single proceeding before the Arbitrator chosen under the Rules, and they shall be heard and determined at the same time. Decisions of the Arbitrator shall be binding on all non-member service fee payers who join the bargaining unit during the period covered in AFSCME’s notice. AFSCME and a challenger may voluntarily settle or compromise the dispute between AFSCME and that nonmember without precedent as to the disposition of other pending challenges. Upon receipt of a written challenge from a service fee payer AFSCME shall place an amount equal to the fees collected from the challenger into an interest interest-bearing escrow account, separate from the union’s funds. The escrowed figures will be independently verified. The fair share fees shall remain in escrow until the arbitration award issues and shall be distributed along with accrued interest, in accordance with that award or as may otherwise be mutually agreed to by AFSCME and the challenger.