Common use of Expedited Arbitration in Cases of Termination Clause in Contracts

Expedited Arbitration in Cases of Termination. The parties recognize and agree that it may be beneficial to expedite the resolution of grievances arising from the termination of employment. Upon mutual agreement on a case-by- case basis, the parties shall follow the following procedures: A) Within 30 business days of the resolution of the third step of the grievance process and only in cases of termination of employment, a request for expedited arbitration shall be presented in writing to Vice President of Human Resources. B) Within 10 business days of the receipt of the request for expedited arbitration, joint notice will be provided to the next available arbitrator from the panel of arbitrators. C) The next available arbitrator must agree to hear the matter within 60 days of receipt of the joint notice of expedited arbitration. If that arbitrator cannot hear the matter within 60 days of receipt of the joint notice of expedited arbitration, the next available arbitrator from the panel shall be provided the joint notice of expedited arbitration. D) The arbitrator shall schedule the arbitration to occur within 60 days after receipt of the joint notice of expedited arbitration after providing due consideration to the availability of the parties, the parties’ representatives and any witnesses. E) Once an arbitrator and date have been selected: 1. Both sides will meet prior to the arbitration hearing date to identify (a) the issue(s) that the arbitrator will be deciding, (b) joint exhibits, (c) stipulated facts regarding the grievance, (d) the list of witnesses and (e) the mutually agreed upon location of the arbitration 2. In the event that the parties cannot agree upon the location of the arbitration, the parties agree that the arbitration shall be at a location selected by and at the convenience of the arbitrator 3. All parties to the arbitration agree to accept the decision of the arbitrator as final and binding, and will not appeal that decision to any court of law or equity. F) The parties agree that the panel of arbitrators shall consist of 5 arbitrators and will be selected by mutual agreement of Xxxxxx and the Union within 120 days of the execution of the Agreement. G) The phrase “next available arbitrator” shall mean that arbitrator beginning with the first named arbitrator on the list comprising the panel of arbitrators and rotating through the list by each successive request for expedited arbitration. H) The costs of arbitration will be equally born by Xxxxxx and the Union.

Appears in 2 contracts

Samples: Registered Nurses Collective Bargaining Agreement, Collective Bargaining Agreement

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Expedited Arbitration in Cases of Termination. The parties recognize and agree that it may be beneficial to expedite the resolution of grievances arising from the termination of employment. Upon mutual agreement on a case-by- case basis, the parties shall follow the following procedures:the A) Within 30 business days of the resolution of the third step of the grievance process and only in cases of termination of employment, a request for expedited arbitration shall be presented in writing to Vice President of Human Resources. B) Within 10 business days of the receipt of the request for expedited arbitration, joint notice will be provided to the next available arbitrator from the panel of arbitrators. C) The next available arbitrator must agree to hear the matter within 60 days of receipt of the joint notice of expedited arbitration. If that arbitrator cannot hear the matter within 60 days of receipt of the joint notice of expedited arbitration, the next available arbitrator from the panel shall be provided the joint notice of expedited arbitration. D) The arbitrator shall schedule the arbitration to occur within 60 days after receipt of the joint notice of expedited arbitration after providing due consideration to the availability of the parties, the parties’ representatives and any witnesses. E) Once an arbitrator and date have been selected: 1. Both sides will meet prior to the arbitration hearing date to identify identify (a) the issue(s) that the arbitrator will be deciding, (b) joint exhibits, (c) stipulated facts regarding the grievance, (d) the list of witnesses and (e) the mutually agreed upon location of the arbitration 2. In the event that the parties cannot agree upon the location of the arbitration, the parties agree that the arbitration shall be at a location selected by and at the convenience of the arbitrator 3. All parties to the arbitration agree to accept the decision of the arbitrator as final and binding, and will not appeal that decision to any court of law or equity. F) The parties agree that the panel of arbitrators shall consist of 5 arbitrators and will be selected by mutual agreement of Xxxxxx and the Union within 120 days of the execution of the Agreement. G) The phrase “next available arbitrator” shall mean that arbitrator beginning with the first named arbitrator on the list comprising the panel of arbitrators and rotating through the list by each successive request for expedited arbitration. H) The costs of arbitration will be equally born by Xxxxxx and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Expedited Arbitration in Cases of Termination. The parties recognize and agree that it may be beneficial to expedite the resolution of grievances arising from the termination of employment. Upon mutual agreement on a case-by- by-case basis, the parties shall follow the following procedures: A) Within 30 business days of the resolution of the third step of the grievance process and only in cases of termination of employment, a request for expedited arbitration shall be presented in writing to Vice President of Human Resources. B) Within 10 business days of the receipt of the request for expedited arbitration, joint notice will be provided to the next available arbitrator from the panel of arbitrators. C) The next available arbitrator must agree to hear the matter within 60 days of receipt of the joint notice of expedited arbitration. If that arbitrator cannot hear the matter within 60 days of receipt of the joint notice of expedited arbitration, the next available arbitrator from the panel shall be provided the joint notice of expedited arbitration. D) The arbitrator shall schedule the arbitration to occur within 60 days after receipt of the joint notice of expedited arbitration after providing due consideration to the availability of the parties, the parties’ representatives and any witnesses. E) Once an arbitrator and date have been selected: 1. Both sides will meet prior to the arbitration hearing date to identify (a) the issue(s) that the arbitrator will be deciding, (b) joint exhibits, (c) stipulated facts regarding the grievance, (d) the list of witnesses and (e) the mutually agreed upon location of the arbitration 2. In the event that the parties cannot agree upon the location of the arbitration, the parties agree that the arbitration shall be at a location selected by and at the convenience of the arbitrator 3. All parties to the arbitration agree to accept the decision of the arbitrator as final and binding, and will not appeal that decision to any court of law or equity. F) The parties agree that the panel of arbitrators shall consist of 5 arbitrators and will be selected by mutual agreement of Xxxxxx and the Union within 120 days of the execution of the Agreement. G) The phrase “next available arbitrator” shall mean that arbitrator beginning with the first named arbitrator on the list comprising the panel of arbitrators and rotating through the list by each successive request for expedited arbitration. H) The costs of arbitration will be equally born by Xxxxxx and the Union.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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