Expedited Arbitration Process. 33.01 In the event that a matter has been referred to arbitration, the referring party may indicate in the referral notice that it wishes to utilize the Expedited Arbitration Process contained herein. The other party will respond in writing within five days of receiving the request indicating whether it agrees. If the parties are in agreement, the following process will apply. Failing agreement, the process described in
33.02 A
Expedited Arbitration Process.
(a) Any grievance is eligible to be referred by a Union or an Employer to the expedited arbitration process described below unless the grievance:
1. concerns a dismissal;
2. concerns a rejection on probation;
3. is a policy grievance;
Expedited Arbitration Process. In the case of any dispute (including a request for enforcement or interpretation) arising under this Agreement, the parties agree that the same shall be resolved, at the request of either party, pursuant to the binding, expedited arbitration process provided for in this Section 4 (the “Arbitration Proceeding”). The arbitration hearing shall commence a maximum of fifteen (15) days after service of a written demand for arbitration and the appointment of the arbitrator, unless such expedited time period is waived by the party making such demand. The arbitrator shall determine the schedule for the Arbitration Proceeding, which shall be completed as expeditiously as possible, but in no event later than forty-five (45) days from service of the written notice of arbitration. If the involved parties have not agreed on an arbitrator within five (5) days after delivery of the arbitration notice, then any of the involved parties may request JAMS, Inc. to name a neutral person who is willing to serve as arbitrator, which arbitrator shall be a retired Georgia state or federal judge. If JAMS, Inc. fails or refuses to act within five (5) days after a party’s request, the presiding judge of the Xxxxxx County Superior Court, acting in his or her judicial capacity, shall name a neutral person who is willing to serve as arbitrator, which arbitrator shall be a retired Georgia state or federal judge. The Arbitration Proceeding shall be conducted in Atlanta, Georgia in accordance with the Georgia Arbitration Code. The determination of the arbitrator shall be final and binding upon the parties to the Arbitration Proceeding and may not be appealed. It is intended that the determination of the arbitrator shall be given full faith and credit by the courts and that the court shall enter enforceable, executable judgment(s) giving effect to the arbitrator’s determination upon the request of any party to the Arbitration Proceeding. Without limiting the foregoing, it is the express intent of the parties that this Agreement be interpreted and enforced to the end that the provisions hereof be fully implemented, and the subject Membership Interests be transferred, expeditiously in accordance with the time period specified herein.
Expedited Arbitration Process. Where a grievance involves a claim for liquidated damages and the facts are not in issue, or where the compliance with Article 30, Section 30.02 of this Agreement is the sole issue in dispute, the complainant may use the following procedure:
(a) The expedited Arbitrator for the term of this Agreement shall be Mr. Xxxxxxx Xxxxxx. Should Xx. Xxxxxx be unwilling or unable to act as the Expedited Arbitrator, the parties shall select a replacement from Appendix C.
(b) A grievance under this procedure shall be initiated by letter from C.F.L.P.A. Legal Counsel/Executive Director by way of e-mail to the Member Club(s) and/or C.F.L. involved with a copy to the Commissioner of the C.F.L. and the expedited Arbitrator. The letter shall set out the details of the complaint and the relief sought.
(c) Within seven (7) calendar days of the filing of the grievance, the Commissioner or his designate shall attempt to resolve the grievance to the satisfaction of the C.F.L.P.A.
(d) If the Commissioner or his designate is able to resolve the grievance to the satisfaction of the C.F.L.P.A., he shall advise the expedited Arbitrator that the matter has been resolved.
(e) If the Commissioner or his designate is unable to resolve the grievance to the satisfaction of the C.F.L.P.A., he shall advise the expedited Arbitrator; and, the Member Club(s) and/or the C.F.L. shall within fourteen (14) days of the filing of the grievance send a reply by letter by way e-mail to C.F.L.P.A. Legal Counsel/Executive Director with a copy to the Commissioner and the expedited Arbitrator.
(f) The expedited Arbitrator may hold a conference call with counsel may decide the grievance solely on the submissions received.
(g) Within seventeen (17) calendar days of the filing of the grievance, the expedited Arbitrator shall decide the matter solely on the basis of the submissions received, or in the event that there has been a conference call, on the basis of the information provided during the course of the conference call and the submissions received.
(h) The expedited Arbitrator shall communicate his decision to the parties by letter by e-mail. No reasons for the decision shall be provided and the decision shall not set a precedent. The decision of the expedited Arbitrator shall be final and binding on all parties.
(i) Except as specifically amended in this Section, all other provisions of this Article will apply to the expedited Arbitration process.
Expedited Arbitration Process. By mutual agreement, where a grievance remains unresolved after Step 4 of the grievance procedure, the parties may refer the matter to expedited arbitration. Where a matter has been referred to expedited arbitration any decision will be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter with the exception of discipline which may remain on an employee’s file.
Expedited Arbitration Process. Where the matter at issue is one relating to the alleged violation of section it may be submitted to the following process of expedited arbitration:
Expedited Arbitration Process. In the event that a matter has been referredto arbitration,the referring party may indicate in the referral notice that it wishes to utilize the ExpeditedArbitration Process contained herein. The other party will respond in writing within five days of receivingthe request indicating whether it agrees. If the parties are in agreement, the following process will apply. Failing agreement, the process described in A will apply. Expedited arbitrations will be heard by a sole arbitrator. The parties at the local level may agree to add persons to the existing list of arbitrators for the purpose of hearing expedited grievances. Such persons shall act only in grievances arising at that College. By selecting from the panel established under A and any additions agreed to under A the Union Local and the Collegeshall attempt to agree on an arbitrator to hear the grievance. Failing agreement within five days, an arbitrator shall be chosen by lot from the panel established under A and any additions agreed to under A The Union Local and the College shall attempt to agree on the number of days to initially be scheduled to hear the matter. Failing agreement, the arbitrator shall schedule two days. If the arbitrator is unable to offer a day to commence the hearing that is acceptable to the Union Local and to the College, and is within four months of the date the request is made, the parties may agree on another arbitrator to hear the grievance under the same conditions, or the parties may agree on a date outside of the four months. Neither party may refuse more than two tentative arbitration dates for the same expedited grievance. Subsequent requests for adjournmentwill be dealt with by the confirmed arbitrator as appropriate to the circumstances. If the Union Local or the College intend to proceed with any preliminary objections to the jurisdiction of the arbitrator to hear the it must notify the other side of its intentions in writing, no later than seven days before the first day of arbitration, indicating the nature of the preliminary objection. If no timely notification is received, no preliminary objections to the jurisdiction of the arbitrator may be raised at the hearing. Where preliminary objections have been made, the arbitrator will determine whether it is more expeditious to rule on the objections immediately, reserve ruling and adjourn the hearing, or reserve on the preliminary objections and proceed to hear evidence on the merits. Where the onus is on the griev...
Expedited Arbitration Process. (i) The Company and the Union shall agree to a single Arbitrator in accordance with the provisions of Article 4, section 4.04 of this Agreement.
(ii) The outcome of the arbitration shall be binding on the parties, however it may not be cited as a precedent in the discussion of any other grievance(s) at any stage of the Grievance Procedure or in any subsequent arbitration hearing.
(iii) All costs of shall be borne in accordance with Article 4, section 4.07 of this Agreement.
(iv) The Parties or their Representatives shall attempt to arrive at an agreed statement of fact for presentation to the Arbitrator.
(v) Wherever possible the Arbitrator shall attempt to mediate a settlement between the parties, and in such cases the Arbitrator shall write a decision which is brief and to the point.
(vi) General Rules of Evidence will be waived, except for the rule of “onus”.
Expedited Arbitration Process. The Arbitrator shall apply the principles of natural justice and shall not be bound by the strict rules of evidence, but may receive any evidence submitted to them by the parties that the Arbitrator believes to be relevant to the matters in controversy or that will enable the Arbitrator to arrive at a fair and proper decision. The Arbitrator shall have full power and authority to rule on any questions of law applying to the admission of evidence or determination of the issue(s). The Arbitrator shall have all the powers and authority as an Arbitrator provided under the Canada Labour Code and the current Collective Agreement between the parties.
Expedited Arbitration Process. The Expedited Arbitration process is as follows:
a) it is intended to be informal and non-legal, and outside lawyers will not be used to represent either Party;
b) the parties will make every effort to make use of an agreed to statement of facts;
c) all presentations are to be short and concise and are to include a comprehensive opening statement;
d) the parties agree to make limited use of authorities during their presentations;
e) the Arbitrator shall hear the grievance(s) and shall render a decision within two (2) working days of such hearings. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision;
f) prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance;
g) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.
h) all settlements of expedited arbitration cases prior to hearing shall be without prejudice;
i) the parties shall equally share the cost of the fees and expenses of the Arbitrator.
j) the decision of the Arbitrator shall be final and binding, and it shall not be the intention of either Party to appeal a decision of the Expedited Arbitrator.
k) The Expedited Arbitrator, who shall be a sole arbitrator, shall be selected from the Investigator list, or shall be a substitute mutually agreed by the Parties.
