Common use of Expedited Arbitration Process Clause in Contracts

Expedited Arbitration Process. In the event that a matter has been referred to arbitration, the referring party may indicate in the 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 A will apply. A 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 College shall 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 adjournment will be dealt with by the confirmed arbitrator as appropriate to the circumstances. B The Union Local and the College may agree in writing to have the arbitrator consider more than one grievance at a time and may do so either before or after the arbitrator has been appointed. 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. A Where the onus is on the grieving party to establish a breach, that party shall provide the other party with a written brief stating the facts as it sees them and its position no later than days the scheduled hearing date.

Appears in 1 contract

Samples: Academic Employees Collective Agreement

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Expedited Arbitration Process. 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 indicatingwhether it agrees. If the parties are in agreement, the following process will apply. Failing agreement, the process described in A will apply. A 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 College shall 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 adjournment requestsfor will be dealt with by the confirmed arbitrator as appropriate to the circumstances. B The Union Local and the College may agree in writing to have the arbitrator consider more than one grievance at a time and may do so either before or after the arbitrator has been appointed. If the Union Local or the College intend to proceed with any preliminary objections preliminaryobjections 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 expeditiousto 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. A Where the onus is on the grieving party to establish a breach, that party shall provide the other party with a written brief stating the facts as it sees them and its position no later than days prior to the scheduled hearing date.

Appears in 1 contract

Samples: Memorandum of Agreement

Expedited Arbitration Process. 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 indicatingwhether it agrees. If the Ifthe parties are in agreement, the following process will apply. Failing agreement, the process described in A will apply. A 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 selectingfrom the panel established under A and any additions agreed to under A the Union Local and the College shall 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 adjournment requestsfor will be dealt with by the confirmed arbitrator as appropriate to the circumstances. B The Union Local and the College may agree in writing to have the arbitrator consider more than one grievance at a time and may do so either before or after the arbitrator has been appointed. If the Union Local or the College intend to proceed with any preliminary objections preliminaryobjections 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 expeditiousto 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. A Where the onus is on the grieving party to establish a breach, that party shall provide the other party with a written brief stating the facts as it sees them and its position no later than days prior to the scheduled hearing date.

Appears in 1 contract

Samples: Memorandum of Agreement

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Expedited Arbitration Process. In the event that a matter has been referred to referredto arbitration, ,the referring party may indicate in the referral notice that it wishes to utilize the Expedited Arbitration ExpeditedArbitration Process contained herein. The other party will respond in writing within five days of receiving the 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. A 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 College shall 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 adjournment will adjournmentwill be dealt with by the confirmed arbitrator as appropriate to the circumstances. B The Union Local and the College may agree in writing to have the arbitrator consider more than one grievance at a time and may do so either before or after the arbitrator has been appointed. 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. A Where the onus is on the grieving party to establish a breach, that party shall provide the other party with a written brief stating the statingthe facts as it sees them and its position no later than days prior to the scheduled hearing date.

Appears in 1 contract

Samples: Academic Employees Collective Agreement

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