Expedited Arbitration Sample Clauses
Expedited Arbitration. (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(b) All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of twenty (20) workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances requiring presentation of extrinsic evidence;
(7) grievances where a Party intends to raise a preliminary objection; and
Expedited Arbitration. 1. Scope
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing of a request for arbitration. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, both parties may, within fifteen (15) calendar days after the filing of the request for arbitration, elect to use the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within the foregoing time period, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followed.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall be selected by the parties. Each arbitrator shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The arbitrator shall be notified of his or her termination by a joint letter from the parties. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator shall be selected by the parties. Arbitrators shall be assigned cases in rotating order designated by the parties. If an arbitrator is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitrator. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator who can hear the case on the earliest date.
(c) The procedure for expedited arbitration shall be as follows:
(1) The parties shall notify the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in ...
Expedited Arbitration. The parties agree to utilize an expedited arbitration procedure for mutually identified grievances in the interest of achieving swift and economical resolution of those grievances.
Expedited Arbitration. The parties further agree to discuss the possibility of an expedited arbitration pilot project at the first scheduled meeting of the Central Labour Relations Committee post central ratification. This Letter of Agreement expires August 31, 2022.
Expedited Arbitration. (1) Either party may refer an unresolved grievance to an expedited arbitration process within the time limits allowed at Step 3 of the grievance procedure. Arbitrators shall be chosen from the list of Arbitrators at Article 7.07 and must be able to comply with the terms of this Article.
(2) Dates and locations for expedited arbitration hearings shall be by mutual agreement in a location central to the geographic area in which the dispute arose.
(3) All presentations are to be brief and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations.
(4) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance.
(5) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(6) The decision of the Arbitrator is to be completed and delivered to the parties within three (3) working days of the hearing.
(7) Any decision of an Arbitrator is to be limited in application to that particular dispute and is without prejudice. Expedited arbitration decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(8) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(9) The parties shall equally share the costs of the fees and expenses of the Arbitrator.
(10) The Expedited Arbitrator shall have the same powers and authority as an Arbitrator established under the provisions of Article 7.07.
(11) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
Expedited Arbitration. (a) As an alternative to the formal arbitration process set out in the foregoing paragraphs, a grievance may, upon mutual consent of the parties, be referred to a previously agreed-upon sole arbitrator, whose appointment shall be reviewed annually. The arbitrator shall hear the grievance and at the conclusion of the hearing, immediately give a verbal decision with reasons. The arbitrator’s decision, with reasons, will be confirmed in writing. The decision shall be final and binding upon both parties and shall be made without precedent or prejudice to similar or like cases. The arbitrator shall not have the power to change the Collective Agreement or to alter, modify or amend any of its provisions.
(b) To maintain the efficiency of such a process, the parties agree not to use outside legal counsel to argue a case or to call any evidence at expedited arbitration.
(c) The parties agree to schedule expedited arbitration as required. At least thirty (30) days prior to the hearing, the parties will mutually agree upon a list of grievances to be heard. The parties also agree to prepare a joint statement of facts at least five (5) days prior to the scheduled hearing date.
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Expedited Arbitration. Without resort to the grievance procedure, any dispute regarding an alleged violation or threatened violation of this article may be submitted to expedited arbitration by either party upon written notice to the other party. Within twenty-four hours of any request to arbitrate, or as soon thereafter as any arbitrator is available, an alleged violation of this article a hearing shall be held, telephonically or otherwise, before any one of the arbitrators identified in Article 9, Section C of this Agreement. The first available arbitrator in sequential order from the list shall be selected. The arbitrator shall determine and advise the parties of the time and place of such hearing. The failure of either party or any witness to attend the hearing as scheduled and noticed by the arbitrator shall not delay the hearing, and the arbitrator shall proceed to take evidence and issue an award and order as though such party or witness was present. The sole issue before the arbitrator shall be whether this Article has been violated and what relief, if any, for such violation is appropriate. In the event the arbitrator finds any violation of this article, the arbitrator may order any party to cease and desist from such violation and award damages, and the arbitrator may order such interim relief as she or he deems appropriate. The arbitrator may issue his or her award at any time, but in no event later than 24 hours after the hearing. Any decision supporting such award shall be issued within seven (7) days of the close of the hearing. The arbitrator's decision and award shall be final and binding on the parties. Nothing herein shall be deemed or construed to limit or preclude any party's right to any judicial remedy, including but not limited to injunctive relief and damages. The fees and expenses of the arbitrator, the court reporter’s appearance fee, and the cost of mutual facilities shall be borne equally by the Facility and the Union.