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 writing of the hearing date. (2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute. (3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator. (4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement. (5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure. (6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure. (7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time. (8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended. (9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement. (10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses. (11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article8.11.1 The Parties shall determine, any grievance involving the suspension of an individual employeeby mutual agreement, 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 grievances suitable for 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 periodFailing mutual agreement, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct terms of Hearing and Decision of Arbitrator) shall be followedArticle 8.10 will apply.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall 8.11.2 Those grievances agreed to 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 suitable for expedited arbitration shall be as follows:scheduled within one month. Such time may be extended with the mutual agreement of the Parties.
(1) 8.11.3 The parties location of the hearings is to be agreed by the Parties. If no agreement is reached, the Arbitrator shall notify set the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases location.
8.11.4 All presentations are to settle be short and concise and are to include a grievance by expedited arbitrationcomprehensive opening statement. The arbitrator Parties agree to make limited use of authorities during their presentations.
8.11.5 Prior to rendering a decision, the Arbitrator may assist the Parties in mediating a resolution of the grievance.
8.11.6 Where mediation fails, or is not appropriate, a decision shall notify be rendered as contemplated herein.
8.11.7 The decision of the parties in writing Arbitrator is to be completed and mailed to the Parties within fourteen (14) working days of the hearing. The Arbitrator may provide a verbal decision at the conclusion of the hearing datewith written reasons within fourteen (14) working days.
(2) 8.11.8 The parties may submit to expenses and compensation of the arbitrator prior to Arbitrator shall be shared equally between the hearing a written stipulation of all facts not in disputeParties and the Parties shall bear their own costs.
(3) 8.11.9 The hearing Expedited Arbitrators, who shall act as sole arbitrators, shall be informal without formal rules determined by mutual agreement of evidence the Parties. If agreement cannot be reached, the Director of the Collective Agreement Arbitration Bureau will name the Expedited Arbitrators.
8.11.10 The Arbitrator shall have the power and without a transcriptauthority to conclusively settle the dispute and the decision shall be binding on both Parties. The Arbitrator shall not have the power to change this agreement or to alter, modify or amend any of its provisions. However, the arbitrator Arbitrator shall be satisfied himself or herself that have the evidence submitted is power to dispose of a type on which he or she can rely, that the hearing is grievance in all respects a fair one, manner deemed just and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorequitable.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary 8.11.11 All decisions of the issues raised at the hearing Arbitrator are to be limited in application to that particular dispute and arguments supporting its positionare without prejudice. The arbitrator These decisions shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances have no precedential value and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included referred to by either Party in such additional timeany subsequent proceedings.
(8) In case of suspension, 8.11.12 Both Parties agree that they will not use outside legal counsel during the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedhearing.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 5 contracts
Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. If a Party exercises its rights under this Agreement to refer a dispute to expedited arbitration (an “Expedited Dispute”), then the Parties will follow the expedited dispute resolution process in this Section 17.1.3 (Expedited Arbitration) (and not the dispute resolution process in Section 17.1.2 (Full Arbitration)) (“Expedited Arbitration”). The Parties agree and acknowledge that any good faith dispute under Expedited Arbitration will not be deemed to be a material breach of this Agreement. The Expedited Dispute will be submitted to fast-track, binding arbitration in accordance with the following:
(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 Prior to referring 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 Expedited Dispute 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 each Party will provide the other Party with a proposal and written memorandum in support of its position regarding the Expedited Dispute, as well as any documentary evidence it wishes to use the expedited arbitration procedure hereinafter provided. The election shall be provide in writing and, when signed by authorized representatives of the parties, shall be irrevocablesupport thereof (each a “Brief”). If no such election is made the Parties cannot resolve the Expedited Dispute within the foregoing time period[***] of exchanging Briefs, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followedParties will refer the Expedited Dispute to arbitration.
(b) As soon as possible after this Agreement becomes final and bindingArbitration will be conducted in New York, New York under the rules of the AAA for the resolution of commercial disputes in the most expedited manner permitted by such rules. The Parties will appoint a panel of at least three (3) arbitrators shall single arbitrator to be selected by mutual agreement. If the parties. Each arbitrator shall serve until Parties are unable to agree on an arbitrator, the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to Parties will request that the otherAAA select the arbitrator. The arbitrator shall will be notified a professional in business or licensing experienced in the valuation of his or her termination by a joint letter from biopharmaceutical products with at least [***] of experience in the partiespharmaceutical and life sciences industries, including the conduct of research, development and commercialization collaborations. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator shall cost of the arbitration will be selected borne equally by the partiesParties. Arbitrators shall be assigned cases Except in rotating order designated a proceeding to enforce the results of the arbitration or as otherwise required by Applicable Law, neither NVS nor HMI nor any arbitrator may disclose the parties. If an arbitrator is not available for a hearing within ten (10) working days after receiving an assignmentexistence, content or results of any arbitration hereunder without 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 dateprior written agreement of NVS and HMI.
(c) The procedure for expedited arbitration shall be as follows:
(1) The parties shall notify Within [***] after such matter is referred to arbitration, each Party will provide the arbitrator in writing on with its Brief, which may be revised from the day of agreement or date of arbitration demands in suspension cases form provided to settle a grievance by expedited arbitration. The the other Party pursuant to paragraph (a) above, and the arbitrator shall notify will provide each Party’s Brief to the parties in writing of the hearing dateother Party after it receives it from both Parties.
(2d) The parties may submit to the arbitrator prior to the hearing Within [***] after a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. HoweverParty submits its Brief, the arbitrator shall be satisfied himself or herself that other Party will have the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary right to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its positionrespond thereto. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only response and any material in support thereof will be provided to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesother Party.
(11e) The time limit for requesting arbitration under this provision shall be arbitrator will have the same right to meet with the Parties as necessary to inform the arbitrator’s determination and to perform independent research and analysis. Within [***] of the receipt by the arbitrator of both Parties’ responses (or expiration of the [***] period if any Party fails to submit a response), the arbitrator will deliver his/her decision regarding the Expedited Dispute in existing procedureswriting; provided, that the arbitrator will select one of the resolutions proposed by the Parties.
Appears in 4 contracts
Samples: Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.), Collaboration and License Agreement (Homology Medicines, Inc.)
Expedited Arbitration. Within five (a5) In lieu business days following an unsuccessful mediation or if no mediation takes place, the proponent of the procedures specified in Paragraphs 1 claim shall send a list of four recognized arbitrators to the other party. Within five (General5) through 4 (Conduct business days 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 receipt 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 periodlist, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) other party 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 followsthen either:
(1) select an arbitrator from the list and notify the proponent of the claim of the selection of an arbitrators; or (2) if none of the proposed arbitrators are acceptable, then that party shall send an alternative list of four recognized arbitrators to the proponent of the claim. Within five within (5) business days of receipt of the alternative list, the proponent shall either: (1) select an arbitrator; or (2) if none of the arbitrators listed are acceptable, then notify the other party of that fact. The parties arbitrators shall be from either JAMS, ADR Services, or the American Arbitration Association. If the foregoing process does not result in the selection of an arbitrator, then the proponent of the claim shall notify one of the foregoing three alternative dispute resolution services and that service shall select an arbitrator. The arbitration shall take place and be concluded within forty five (45) days of the selection of an arbitrator and shall not take more than two (2) full day sessions with the time of the arbitration being divided equally between the parties. The arbitrator’s decision must be based on admissible facts. “Admissible Facts” are defined as facts that would be admissible in writing court under the California Rules of Evidence. The arbitrator’s decision must also be based upon applicable law. The arbitrator does not have the power or discretion to fashion any remedy on the day contract that he or she sees fit. Rather, the arbitrator’s decision must be based on admissible facts and applicable law and in accord with the terms, condition and provisions of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitrationthe contract. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing issue a written stipulation Statement of all Decision applying the admissible facts not to applicable law under the contract in dispute.
(3) reaching his/her determination. The hearing arbitrator’s decision shall be informal without formal rules of evidence final and without a transcript. However, the arbitrator shall binding and can be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent introduced into court for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, obtaining a judgment thereon provided the arbitrator shall determine whether has complied with the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of paragraph. Should the arbitrator will settle fail to do so, then an objecting party has the grievanceright to have the claim determined in court. The parties agree that the dispute resolutions of this Paragraph 30 are mandatory and the exclusive procedure to determine claims made regarding this Agreement that should a party fail to follow them that the claim is waived, released, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal partsforever forfeited. Each party shall bear the expense of its representatives own attorney’s fees and witnessescosts.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 4 contracts
Samples: Independent Contractor Agreement, Professional Services, Consulting Agreement
Expedited Arbitration. To facilitate the timely resolution of grievance matters which remain unresolved following the conclusion of the procedures for Adjustment of Grievance contained in Article XXIX, the parties agree to implement an expedited arbitration procedure, as follows:
(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 Two arbitrators will be submitted selected to arbitration under the serve as Chairpersons to resolve disputes referred to 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 The parties may, within fifteen (15) calendar days after the filing of the request will each select one Chairperson who will provide available dates 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 followedhearings.
(b) As soon as possible after this Agreement becomes final and binding, The agreement of both parties will be required before advancing 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 grievance to the otherexpedited arbitration procedure. The arbitrator shall be notified of his or her termination by a joint letter from However, once 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 parties have agreed to proceed to the next arbitrator. If no one can hear expedited arbitration procedure, that decision shall not be revoked except with the case within ten (10) working days, the case will be assigned to the arbitrator who can hear the case on the earliest dateconsent of both parties.
(c) The procedure for parties will meet within fourteen (14) days following the date of the 3rd stage response to decide on proceeding to expedited arbitration shall be as follows:arbitration, unless there is mutual agreement to extend the time limit.
(1d) The parties will attempt to develop an agreed Statement of Fact for submission to the Chairperson. In the event that the parties cannot agree on all of the facts, each party shall notify submit a full statement of all facts upon which they rely to the arbitrator in writing Chairperson. In addition, each side will develop written submissions outlining their respective position and argument on the day dispute for the consideration of agreement or date the Chairperson. Both the Statement(s) of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify Fact and the written submissions of the parties in writing of the hearing date.
(2) The parties may submit will be provided to the arbitrator Chairperson no later than fourteen (14) days prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence date and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement submissions of the parties or will be exchanged at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional same time.
(8) In case e) No legal counsel will be used by the parties during the course of suspension, the arbitrator shall have authority to mitigate or modify hearing. Witnesses and oral submissions from the discipline imposed and determine what, if any, remedy is appropriate. If parties during the arbitrator awards back pay, the employee shall receive pay for time lost hearing will be at the employee's Adjusted Rate plus any tour differentials to which discretion of the employee would have been entitled if not suspendedChairperson.
(9f) Decisions by the Chairperson will be accompanied by a brief rationale for the decision. All decisions of the Chairpersons are limited to the dispute at hand and will be without precedent or prejudice to any and all existing or future grievance, arbitration and interpretation matters. Decisions of the Chairperson are to be rendered within 10 days of the hearing.
(g) The arbitrator shall have no authority parties agree that the decision of the Chairperson is final and binding and will not be subject to add to, subtract from appeal or modify any provisions review.
(h) The Parties further agree that this Section is entered into on a trial basis and will expire in accordance with the terms of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. The aggrieved party may elect to proceed to expedited arbitration within five (a5) In lieu working days following receipt of the procedures specified Step Two decision in Paragraphs 1 cases involving the discharge for cause of an employee subject to Paragraph 68 or within ten (General10) through 4 working days following the completion of Step Two if no unanimous written decision resolving the dispute has been issued by the Grievance Committee. The aggrieved party may also elect to proceed to expedited arbitration following Step Two when the claim for wages does not exceed fifteen thousand dollars (Conduct $15,000). The aggrieved party may also proceed to expedited arbitration following Step Two over disputes with regard to only the "Wage Scales, Hours of Hearing Employment and Decision of Arbitrator) Working Conditions" provisions of this ArticleAgreement, any grievance involving subject to this Article and provided the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, or work stoppage claim for damages does not exceed fifteen thousand dollars (strike) activity and those which are also the subject of an administrative charge or court action shall $15,000). Any other case may 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 only by the parties. Each arbitrator shall serve until the termination mutual agreement 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 aggrieved party decides to so proceed to expedited arbitration, that party must, within five (5) working days after the close of Step Two as above mentioned, proceed by delivering or mailing to the other party a written request for such expedited arbitration. When mutual agreement to proceed to expedited arbitration is not available required, such party may, at the same time, request an invocation of the regular arbitra- tion procedure provided for below and, in the event no such mutual agreement to proceed to expedited arbitration, when required, is received by the aggrieved party within five (5) working days after service of such request, the aggrieved party may proceed to the regular arbitration procedure provided below. In the alternative, the aggrieved party may proceed to regular arbitration by delivering or mailing to the other party a hearing written demand for regular arbitration within ten (10) calendar days following the close of Step Two, as above mentioned. Failure of the aggrieved party to so serve such a request and/or demand within the respective prescribed periods shall constitute a waiver of the claim. Cases that are submitted to expedited arbitration shall be heard within ten (10) working days after receiving an assignment, the case will be passed to other party receives the next arbitrator. If no one can hear the case demand for expedited arbitration or within ten (10) working daysdays after the other party gives notice of its agreement to proceed to expedited arbitration when the mutual agreement of the parties is required. The Alliance of Motion Picture and Television Producers (hereinafter "the AMPTP") and the Chairman of the Basic Crafts Unions shall forthwith appoint four (4) individuals and four (4) alternates with recognized experience as professional labor arbitrators as members of the standing panel of neutral arbitrators. The parties agree to meet, following the conclusion of negotiations, for the purpose of modifying the expedited panel. During the term of this Agreement, the case will be assigned parties may mutually add the names of additional persons to the arbitrator who can hear panel of neutral arbitrators to either supplement the case on panel or replace persons no longer available to serve. From the earliest date.
(c) The procedure for expedited arbitration panel of names of the neutral arbitrators set forth above, the arbitrators shall be assigned, depending upon their availability, in rotation, to the cases as follows:
(1) they arise. The parties shall notify the may, by mutual consent, select an arbitrator in writing on the day out of agreement or date rotation provided that notice of arbitration demands in suspension cases their selection is given to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator CSATF prior to the hearing a written stipulation appointment of all facts not the arbitrator next in dispute.
(3) rotation. The expedited arbitration hearing shall be informal without formal rules presided over by a neutral arbitrator assigned from the panel of evidence neutral arbitrators. The Local Union and without CSATF shall schedule the grievances to be heard as soon as reasonably practical after the selection of the neutral arbitrator, unless the parties and the neutral arbitrator mutually agree otherwise. If such person selected as the arbitrator is not available, another arbitrator shall be selected by the same process as above described. The parties will not file post-hearing briefs and a transcriptstenographic record will not be made, but the parties may present a written statement of the facts. However, The neutral arbitrator shall have sole authority to rule on all motions and decide the case. The decision of the arbitrator shall be satisfied himself or herself that final and binding upon the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, parties and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its positionany employees concerned. The neutral arbitrator shall give his or her settlement render a written decision within five (5) working days after receiving from the briefs. He or she shall provide the parties a brief written statement conclusion of the reasons supporting his hearing. The writing of an opinion will be at the discretion of the neutral arbitrator. The neutral arbitrator shall have the power to determine only the specific grievance or her settlement.
dispute as described in the first paragraph of this Article 7 and, when appropriate, award wage adjustments or damages consistent with the contract, in an amount not to exceed fifteen thousand dollars (5) The arbitrator's settlement $15,000), but shall apply only not have the power to amend, modify or effect a change in any of the provisions of this Agreement, nor to determine jurisdictional disputes between the Union and any other labor organization. Except for disputes described in footnote 1 to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) first paragraph of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(Article 7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall not have the power to determine whether the discipline was for just causeany other disputes arising under Paragraph 67.2 ("Non-Discrimination") of this Agreement; such disputes are instead subject to non-binding mediation. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing The decision of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the neutral arbitrator shall have authority to mitigate or modify the discipline imposed be non-precedential and determine whathis decision and/or opinion, if any, remedy is appropriateshall not be offered or admitted into evidence in any other proceeding other than: (1) a judicial action seeking confirmation, correction or vacation of said decision; or (2) a grievance or arbitration proceeding involving the same Producer and Local Union. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation Fees and expenses of the arbitrator and shall be borne equally by the general expenses of parties to the arbitration dispute. All other costs shall be borne by the Company party incurring the same. The bills of the arbitrator, together with a completed information form, shall be sent by the arbitrator to the Local Union and the Union Producer involved in equal partsthe expedited arbitration, with copies to CSATF. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision information form shall be jointly prepared by the same as in existing proceduresChairman of the Basic Crafts and CSATF.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
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 The following disputes will be 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 as set forth in 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 followsSection A:
(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 writing of the hearing date.any dispute arising under Section V.C; or
(2) The parties may submit any dispute in which the amount in controversy, exclusive of interest or costs, is less than $2 million. Expedited arbitration proceedings will be held before a single neutral umpire who is a past or present officer of a life and health insurance or life and health reinsurance company not affiliated with either of the Parties in any way. If the Parties cannot agree on an umpire within thirty (30) calendar days following the demand for expedited arbitration, the selection shall be made pursuant to the arbitrator Umpire Selection Procedure of the ARIAS-US Certifiex Xxxitrators List available at www.ARIAS-US.org. Xxxxxx xxxxxx-one (21) days following the selection of the umpire, the Parties and umpire will conduct an organizational meeting by teleconference to familiarize the umpire with the dispute and to set a timetable for submission of briefs. There will be no discovery, and the dispute will be decided based on briefs and documentary evidence only, unless otherwise agreed by the Parties or ordered by the umpire for good cause. No ex parte communication will be permitted with the umpire at any time prior to the hearing a written stipulation conclusion of all facts not in dispute.
the proceedings. Within thirty (330) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearingsubmission of briefs by the Parties, the umpire will render a written, reasoned decision on the dispute and a statement of any award to be paid as a result. The decision will be based on the terms and conditions of this Agreement as well as the usual customs and practices of the insurance and reinsurance industry, rather than on strict interpretation of the law. The decision will be final and binding on both Parties and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. In the absence of a decision to the contrary by the umpire, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party Party shall bear the expense of its representatives own arbitration activities and witnessesshall jointly and equally bear the expense of the umpire and other costs directly attended to the arbitration proceeding, provided that neither Party's liability for such costs shall ever exceed 50% of the total of such costs, regardless of the other Party's failure to pay. Allocated Retention Pool -- Effective 10/1/2008 Between HLIC and Swiss Re The Parties may mutually agree to extend any of the periods shown in this Section.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Reinsurance Agreement (Separate Account Vl I of Hartford Life Insurance Co), Reinsurance Agreement (Hartford Life & Annuity Insurance Co Sep Account Vl I), Reinsurance Agreement (Hartford Life & Annuity Ins Co Separate Acount Vlii)
Expedited Arbitration. (aA) 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 Those grievances agreed to 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 suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled monthly, or as follows:otherwise mutually agreed to by the parties.
(1B) The location of the hearing shall take place in Xxxxxx, X.X. unless otherwise agreed by the parties.
C) As the process is intended to be informal, lawyers will not be used to represent either party.
D) All presentations are to be short and concise and are to include a comprehensive opening statement. The parties shall notify agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, 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 may assist the parties in writing mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the hearing dateLabour Relations Code.
(2F) The parties may submit to the arbitrator prior to the hearing Where mediation fails, or is not appropriate, a written stipulation of all facts not in disputedecision shall be rendered as contemplated herein.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10G) The decision of the arbitrator will settle is to be completed on the grievance, agreed to form and mailed to the Company parties within three (3) working days of the hearing.
H) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the Union agree to abide by such decision. The compensation costs of the fees and expenses of the arbitrator and the general expenses of the arbitration arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be borne Xxxx Xxxxxx, Xxxxx XxXxxxxxxx, or Xxx Xxxxxxxx, or any other as agreed to by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesparties.
(11L) The time limit for requesting arbitration under this provision expedited arbitrator shall be have the same powers and authority as in existing proceduresan arbitration board established under the provisions of Article 10.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. (a) In lieu grievances over discharges 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 employeeemployees or other grievances that involve potential back pay, except those for grievances over suspensions that were time-limited, the Agency or the Union may request expedited arbitration in which also involve an issue the arbitrator selected must hear the matter within thirty (30) days of arbitrabilitytheir appointment and render their decision in writing no later than thirty (30) days after the hearing, contract interpretation, or work stoppage (strike) activity and those which are also unless the subject of an administrative charge or court action parties otherwise mutually agree to a different time frame. The initial request for expedited arbitration shall be submitted made in writing or email by the Agency’s Head of Human Resources if the request is made by the Agency to arbitration under the Union’s representative for the bargaining unit or their designee identified in the preceding paragraph. The initial request for expedited arbitration procedure hereinafter provided within shall be made in writing or email by the Union’s representative assigned to the bargaining unit or their designee identified in the preceding paragraph to the Agency’s Head of Human Resources. All requests for expedited arbitration shall be made no later than fifteen (15) calendar days after the filing unsuccessful Step 3 conference. The parties will attempt to agree on an arbitrator and if no agreement is reached or if the agreed-on arbitrator is unable to conduct an expedited arbitration pursuant to the time frames herein, either party must request a list of a seven (7) arbitrators from the Federal Mediation and Conciliation Service (FMCS) who are willing and able to conduct an expedited arbitration pursuant to the time frames herein. Such 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 must be made no later than fifteen (15) calendar days after from the filing parties’ unsuccessful effort to agree on an arbitrator or the agreed-on arbitrator informs the parties that they cannot conduct an arbitration within the time frames herein. The selection of the request for an arbitrator from All Other Arbitrations. In all other grievances that are not subject to expedited 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 impartial arbitrator shall be selected by agreement between the partiesattorney for the Joint Personnel Committee and the Union if possible. Each If no agreement on an arbitrator shall serve until has been reached within thirty (30) calendar days after the termination of this Agreement unless his or her services are terminated earlier by written notice from either party request for arbitration has been submitted to the otherAgency’s Head of Human Resources, the Union must submit a written request to the FMCS requesting a list of five arbitrators who are members of the National Academy of Arbitrators. Such request must be made within thirty (30) calendar days after the thirty (30) day period for the parties to mutually agree on an arbitrator has expired with a copy to the attorney for the Joint Personnel Committee. Promptly after receipt of said list, the attorney for the Joint Personnel Committee and the President of the Union, or their respective designees, shall meet to select an arbitrator by the following procedure: The Agency and the Union shall determine by coin toss the order in which the parties will strike names. The party winning the coin toss shall have the option of striking first or second. Thereafter, the parties shall strike names alternately until only one name remains. The arbitrator whose name has not been stricken shall be deemed to have been mutually agreed upon. Such arbitrator shall be notified of his or her termination their selection 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 requesting that they set a time and place for a hearing within ten (10) working days after receiving an assignmenthearing, the case will be passed subject 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 dateavailability of Agency and Union representatives.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Memorandum of Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu of Any party to this Agreement shall institute the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) following procedure, prior to initiating any other action at law or equity, when a breach of this ArticleArticle is alleged to have occurred:
4.2.1 A party invoking this procedure shall notify Xxxxx Xxxxxxxx, any grievance involving as the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretationpermanent arbitrator, or work stoppage (strike) activity and those which are also Xxxxxx Xxxxxx, as the subject of an administrative charge or court action alternate arbitrator, under this procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be submitted to arbitration under made from the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing list of a request for arbitrationarbitrators in Section 13.4. 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 Notice 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 most expeditious means available, with notices by facsimile, email or telephone to the City and the party alleged to be assigned cases in rotating order designated by violation, and to the parties. If an Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available for available, who will attempt to convene a hearing within ten twenty-four (1024) working days after receiving an assignment, hours if it is contended that 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 dateviolation still exists.
(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. 4.2.3 The arbitrator shall notify the parties in writing by facsimile, email or telephone of the hearing date.
(2) The parties may submit to place and time for the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing. Said hearing shall be informal without formal rules completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence and without a transcript. However, or the arbitrator shall be satisfied himself or herself that the evidence submitted is issuance of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before an award by the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised 4.2.4 The sole issue at the hearing and arguments supporting its position. The arbitrator shall give his be whether or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties not a brief written statement violation of Section 4.1 of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled therebyAgreement has occurred. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add toconsider any matter of justification, subtract from explanation or modify mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any provisions party desires a written opinion, one shall be issued within fifteen (15) calendar days, but its issuance shall not delay compliance with or enforcement of the award. The arbitrator may order cessation of the violation of this AgreementArticle and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with an Arbitrator's award to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The Arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.
(10) The decision 4.2.5 Such award shall be final and binding and may be enforced by any Court of competent jurisdiction upon the arbitrator will settle filing of this Agreement and all other relevant documents referred to above in the grievance, and the Company and the Union agree to abide by such decisionfollowing manner. The compensation party filing such enforcement proceedings shall give written notice to the other party. In the proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a proceeding for a final order or enforcement. The Court's order or orders enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.
4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance therewith, are waived by the parties.
4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the general expenses party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the arbitration shall be borne by permanent or the Company alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Union in equal parts. Each party Council shall bear the expense of its representatives and witnessesmutually agree to a replacement.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
Expedited Arbitration. (a) In lieu An expediated arbitration procedure shall apply where mutually agreed by the parties.
1. A single arbitrator shall be appointed to decide the grievance.
2. The parties will agree to a roster of single arbitrators who will be appointed pursuant to these Rules of Procedure. The parties may agree at any time to remove an arbitrator’s name from the roster or to add an arbitrator’s name to the roster.
3. The arbitrators will be paid in accordance with a schedule agreed to by the parties.
4. On a rotating basis, an arbitrator’s availability will be reviewed. Where the parties are able to schedule dates which are agreeable to all and which allow the hearing of the procedures specified in Paragraphs 1 grievance to be convened not later than ninety (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 (1590) calendar days after from the filing date of a request for arbitrationthe arbitrator’s appointment, the parties will make arrangements to have the arbitrator appointed. In all other grievances involving disciplinary action Where, however, the parties are unable to schedule dates which are specifically subject agreeable to arbitration under Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleall, both parties may, within fifteen (15) calendar days after the filing availability of the request for arbitration, elect to use next arbitrator in the expedited arbitration procedure hereinafter provided. The election rotation shall be in writing andreviewed, when signed by authorized representatives of the partiesand so on, 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 appointed.
5. At least ten (10) working business days after receiving an assignment, the case will be passed prior to the next date of the hearing the parties and/or their representatives shall meet for the following purposes: to exchange copies of any documents that either party intends to rely on in the hearing; to establish and attempt to agree on the facts relevant to the grievance; to exchange copies of any precedents and authorities; and to engage in discussions regarding the possible settlement of the grievance
6. Should a dispute arise between the parties regarding compliance with the obligations outlined in paragraph 5 the issue in dispute may be referred for immediate and binding resolution to the arbitrator. If no one can hear This may be done by conference call between the case within ten arbitrator and the parties.
7. At least five (105) working days, days before the case will be assigned scheduled hearing date the parties shall forward to the arbitrator who can hear the case on collective agreement, a copy of the earliest dategrievance, any agreed statement of facts and any other documents or materials agreed upon by the parties.
(c) 8. The procedure for expedited arbitration hearing shall be as follows:
(1) The parties an informal and accelerated process. To this end, the following procedures shall notify the arbitrator be 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) effect: The hearing shall be informal without formal rules completed within a single day. At the commencement of evidence the hearing the parties and without a transcript. However, the arbitrator shall be satisfied himself or herself that attempt to agree upon the evidence submitted is allocation of a type on which he or she can rely, that the hearing is in all respects a fair one, time and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may if agreement cannot be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, reached the arbitrator shall determine whether decide upon such allocation. The parties shall make every reasonable effort to minimize the discipline was for just causeuse of witnesses and to limit representations to issues directly related to the substance of the individual grievance. In any grievance arbitrated under the expedited proceduresWhenever practicable, the Company parties shall under no circumstances stipulate facts not in dispute rather than establishing such facts through the evidence of witnesses. Every reasonable effort shall be liable for back pay for more than six (6) months (plus any time made to ensure that the processing grievance is addressed on its own merits, within the context of the grievance or arbitration was delayed at the specific request particular circumstances of the Company) after the date of the disciplinary actionindividual case. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority the permission of the parties to add totake an activist role and to direct that issues be addressed, subtract from or modify any provisions of this Agreementnot addressed, in the hearing in accordance with their determination as to its relevance to the outcome.
(10) 9. The decision of the arbitrator will settle on the grievance, and merits of the Company and grievance shall be rendered within fourteen (14) calendar days of the Union agree to abide by such decisionhearing. The compensation and expenses arbitrator may provide brief written reasons for the decision.
10. The decision of the arbitrator and the general expenses of the arbitration shall be borne by binding on the Company parties, however, the parties agree that decisions issued through this process apply only to the individual grievance decided, have no value as precedent and the Union that they shall not be referred to in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration any other proceedings under this provision shall be the same as in existing procedurescollective agreement or otherwise.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. (a) In lieu Any Contractor or Union alleging a violation of the procedures specified in Paragraphs Section 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this ArticleArticle may utilize the expedited procedure set forth below (in lieu of, or in addition to, any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, actions at law or work stoppage equity) that may be brought.
A. A party invoking this procedure shall notify X.X. Xxxxxxx or Xxxxxxx Xxxxxxx; who shall alternate (strikebeginning with Arbitrator X.X. Xxxxxxx) activity and those which are also the subject of an administrative charge or court action shall be submitted to arbitration as Arbitrator under the this 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 irrevocableprocedure. If no such election is made within the foregoing time period, Arbitrator next on 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 list is not available for to hear the matter within 24 hours of notice, the next Arbitrator on the list shall be called. Copies of such notification will be simultaneously sent to the alleged violator and Council.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Manager, hold a hearing within ten (10) working days 48 hours of receipt of the notice invoking the procedure if it is contended that the violation still exists. The hearing will not, however, be scheduled for less than 24 hours after receiving an assignmentthe notice required by Section 3, the case will above.
C. All notices pursuant to this Article may be passed provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the next arbitrator. If no one can hear the case within ten (10) working daysArbitrator, 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 arbitrationContractor, Construction Manager and Local Union involved. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) be held on any day including Saturdays or Sundays. The hearing shall be informal without formal rules completed in one session, which shall not exceed 8 hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor to attend the hearing shall not delay the hearing of evidence and without a transcript. However, by those present or the arbitrator shall be satisfied himself or herself that issuance of an award by the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorArbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised D. The sole issue at the hearing shall be whether a violation of Section 1, above, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and arguments supporting its positionDesist Award restraining such violation and serve copies on the Contractor and Union involved. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator Arbitrator shall have no authority to add toconsider any matter in justification, subtract from explanation or modify mitigation of such violation or to award damages (any provisions damages issue is reserved solely for court proceedings, if any.) The Award shall be issued in writing within 3 hours after the close of the hearing, and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement.
(10) The decision Agreement together with the Award. Notice of the arbitrator will settle filing of such enforcement proceedings shall be given to the grievanceUnion or Contractor involved, and the Company Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and the Union agree Unions to abide by such decision. whom they accrue.
H. The compensation fees and expenses of the arbitrator and the general expenses of the arbitration Arbitrator shall be borne by equally divided between the Company involved Contractor and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesUnion.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
Expedited Arbitration. 12.01 Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances.
12.02 An Arbitrator, shall be appointed by the Vice-Chairman – Mediation Services to hear the cases. Their expenses and fees will be borne by the Parties. The fees are to be in an amount agreed to by all three Parties.
(a) In lieu Within thirty (30) calendar days after receipt of the procedures specified in Paragraphs 1 Step 3 answer, the Company or the Union initiating the grievance shall assess which grievances shall be referred to Expedited Arbitration, and will so notify the other Party, or their designate. Should the representatives of the other Party deem that the issue does not meet the criteria of section 12.06 (General) through 4 (Conduct of Hearing and Decision of Arbitratora) of this Article, any grievance involving the suspension of an individual employeeinitiating party will nonetheless proceed to Expedited Arbitration for resolution. In this situation, except those which also involve an however, the first issue of arbitrability, contract interpretation, that must be ruled upon by the Arbitrator is whether or work stoppage (strike) activity and those which are also not the subject matter is one that meets the criteria of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen section 12.06 (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 followeda).
(b) As soon as possible after this Agreement becomes final and binding, a panel The list of at least three (3) arbitrators shall be selected maintained alphabetically to be used 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 otherfixed rotation. The next arbitrator shall be notified of his contacted and requested to serve on the case or her termination cases designated for Expedited Arbitration at a time and place agreed upon by a joint letter from the partiesCompany and Union Representatives. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator date of the hearing 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 calendar days after receiving of the appeal unless an assignment, extension of time is mutually agreed upon by all three parties.
12.04 Grievances shall be presented in the case will Expedited Arbitration Procedure by a previously designated Shop Committee member and a designated representative of the Local Plant Management. Attendance of other persons at the Arbitration hearing shall be passed limited to those who have personal knowledge of 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 dategrievance being presented.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3a) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator informal
(b) No briefs shall be satisfied himself filed or herself transcripts made
(c) There shall be no formal evidence rules
(d) The Arbitrator shall have the obligations of assuring that all necessary facts and considerations are brought before him by the evidence submitted is representatives of a type on which the Parties. In all respects, he or she can rely, shall assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4e) Within five (5) working days after If the hearing, each party may submit a brief written summary of Arbitrator or the issues raised parties conclude at the hearing and arguments supporting its position. that the issues involved are of such complexity or significance that the case should require further consideration by the Parties, the case shall be referred back to the initiating party for final deposition.
(f) The arbitrator Arbitrator shall give render his or her settlement written decision within five (5) working work days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after following the date of the disciplinary actionhearing. Delays requested Their decision shall be based on the facts presented by the Union in which Parties at the Company concurs hearing, and shall include a brief written explanation of the basis for their conclusion. These awards will not be included cited as a precedent at any discussion of any other grievances at any stage of the grievance procedure or in such additional timeany subsequent Arbitration, and will be considered binding by both Parties.
(8) In case of suspension, the arbitrator shall a) Grievances subject to this Expedited Arbitration Procedure must be confined to issues which do not involve novel problems and which have authority to mitigate limited contractual significance or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedcomplexity.
(9b) The arbitrator Arbitrator under this Expedited Arbitration Procedure shall have no authority the same powers as granted to add to, subtract from or modify any provisions the Arbitrator under Section 13 of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. (a) In lieu Disputes involving a violation of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing No-Strike – No Lockout and Decision of Arbitrator) of this ArticleSeniority provisions may be submitted to expedited arbitration by either party by serving a written demand for expedited arbitration. Within one business day after the other party receives the demand for expedited arbitration, any grievance involving the suspension of parties will select an individual employeearbitrator between the following three arbitrators: Xxxxxxx Xxxxxx, except those which also involve an issue of arbitrabilityXxxxxxx X. Xxxxxxxx, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action Xxxxxxx Xxxxxxx. The dispute shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen two business days (15or as soon thereafter as the arbitrator is available) calendar days after the filing of other party receives the demand for expedited arbitration by whichever arbitrator is available within two business days. If more than one arbitrator is available within two business days, the moving party and the respondent shall alternate on a request for arbitrationcase-by-case basis in first striking a name. 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 event that one of the request for arbitrationparties fails to participate in the strike process, elect or fails to use strike in order and/or timely, the expedited arbitration procedure hereinafter providedother party may thereupon select the arbitrator to hear the matter. The election hearing shall be conducted by the arbitrator in writing and, when signed by authorized representatives whatever manner will most expeditiously permit full presentation of the evidence and arguments of the parties, including by telephone or video conference. No postponements will be granted except by mutual agreement of the Union and Company. There shall be irrevocableno post-hearing briefs, but the parties may, prior to or during the hearing, present a written statement of the facts. 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) There shall be followed.
(b) As soon as possible after this Agreement becomes final no stenographic record of the hearing. The decision of the arbitrator, which shall be issued orally at the conclusion of the hearing and binding, a panel of at least confirmed in writing to both parties within three (3) arbitrators days, or which 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 issued in writing within three (3) days 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 writing conclusion of the hearing date.
(2) The parties may submit to the arbitrator prior to choice being at the hearing a written stipulation sole discretion of all facts not in dispute.
(3) The hearing the Arbitrator), shall be informal without formal rules final and binding upon the parties and any employees concerned. The Arbitrator shall have the power to determine only the specific grievance or dispute and, where applicable, award wage payments, adjustments and/or damages consistent with this Agreement. The Arbitrator shall not have power to amend, modify or effect a change in any of evidence the provisions of this Agreement. The Arbitrator shall not have power to determine jurisdictional disputes between the Local Union and without a transcriptany other labor organization. However, The decision of the arbitrator Arbitrator shall be satisfied himself or herself that non-precedential and the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine whatdecision and/or opinion, if any, remedy is appropriate. If the arbitrator awards back payshall not be offered or admitted into evidence in any proceeding other than 1) a judicial act seeking confirmation, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9correction or vacation of such decision, or 2) The arbitrator shall have no authority to add to, subtract from a grievance or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and arbitration proceeding involving the Company and the Union agree to abide by such decisionLocal Union. The compensation Fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne equally by the Company and parties to the Union in equal parts. Each party shall bear the expense of its representatives and witnessesdispute.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 3 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Expedited Arbitration. In cases involving any alleged violation of any provision of Article 12 (a"SENIORITY") In lieu or Article 16 ("DISCIPLINE AND DISCHARGE"), in the event of a failure to settle the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articledispute under Steps One or Two or, any grievance involving if applicable, Step Three above, the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, aggrieved party may elect to proceed to Expedited Arbitration by delivering or work stoppage (strike) activity and those which mailing to the other party a written demand for Expedited Arbitration. Cases that are also the subject of an administrative charge or court action submitted to Expedited Arbitration 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 heard within ten (10) working business days after receiving an assignmentthe party served receives the demand for Expedited Arbitration if the selected Arbitrator is available. If the Arbitrator is not available, the case will be passed to the next arbitrator. If no one can Arbitrator may hear the case within ten (10) working days, as soon as mutually agreed by the case will be assigned to parties. The method of selection of the arbitrator who can hear the case on the earliest date.
(c) The procedure for expedited arbitration Arbitrator 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 arbitrationprescribed under Paragraph A., Regular Arbitration, above. The arbitrator shall notify parties, who may be represented by outside counsel, will not file post-hearing briefs nor will a stenographic record be made, but the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator may, prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after during the hearing, each party may submit present a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) facts. The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator Arbitrator shall have authority to mitigate rule on all motions and decide the case. The writing of an opinion will be at the discretion of the Arbitrator. The decision of the Arbitrator, which shall be issued orally at the conclusion of the hearing and confirmed in writing to both parties within three (3) days, or which shall be issued in writing within three (3) days from the conclusion of the hearing (the choice being at the sole discretion of the Arbitrator), shall be final and binding upon the parties and any employees concerned. The Arbitrator shall have the power to determine only the specific grievance or dispute and, where applicable, award wage payments, adjustments and/or damages consistent with this Agreement, but in no event shall the amount of any such award exceed fifteen thousand dollars ($15,000.00). The Arbitrator shall not have power to amend, modify or effect a change in any of the discipline imposed provisions of this Agreement. The Arbitrator shall not have power to determine jurisdictional disputes between the Local Union and determine whatany other labor organization. The decision of the Arbitrator shall be non-precedential, and the Arbitrator’s decision and/or opinion, if any, remedy is appropriate. If the arbitrator awards back payshall not be offered or admitted into evidence in any proceeding other than 1) a judicial act seeking confirmation, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from correction or modify any provisions vacation of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision, or 2) a grievance or arbitration proceeding involving the Producer and Local Union. The compensation Fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne equally by the Company and parties to the Union in equal parts. Each party shall bear the expense of its representatives and witnessesdispute.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) 25A.01 The procedures herein will apply to arbitration involving disciplinary action which is specifically subject to arbitration under the collective bargaining agreement.
25A.02 In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 25 of this ArticleAgreement, 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) Article 25 of this ArticleAgreement, 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) Article 25 shall be followed.
(b) 25A.03 As soon as possible after this Agreement becomes final and binding, a panel of at least three five (35) arbitrators umpires shall be selected by the parties. Each arbitrator umpire shall serve until the termination of this Agreement unless his or her their services are terminated earlier by written notice from either party to the other. The arbitrator umpire shall be notified of his or her the termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service all services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire 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) 25A.04 The procedure for expedited arbitration shall be as follows:
(1a) The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2b) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3c) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall umpire must be satisfied himself or herself that the evidence submitted is of a type on which he or she one can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4d) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her the settlement within five (5) working days after receiving the briefs. He or she briefs and shall provide the parties a brief written statement of the reasons supporting his or her the settlement.
(5e) The arbitrator's umpire’s settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6f) The time limits in (1a) and (4d) of this Section may be extended by agreement of the parties or at the arbitrator's umpire’s request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7g) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9h) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10i) The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11j) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. (aA) 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 All grievances 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 considered suitable for expedited arbitration shall be as followsexcept grievances relating to:
(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 writing of the hearing date.dismissals
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation suspensions in excess of all facts not in dispute.five (5) days
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.grievances filed under Article 9.04 – General Application Dispute
(4) Within five (5grievances where a party intends to raise a preliminary objection By mutual agreement between the parties, a grievance falling into one of these categories may be placed into the expedited arbitration process.
B) working days after As the hearingprocess is intended to be informal, each party may submit the parties will use their own representatives to present their case.
C) All presentations are to be short and concise and are to include a brief written summary of the issues raised at the hearing and arguments supporting its positioncomprehensive opening statement. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement agree to make limited use of the reasons supporting his or her settlementauthorities during their presentations.
(5D) The arbitrator's settlement shall apply only Prior to the instant grievance which shall be settled thereby. It shall not constitute rendering a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth hereindecision, the arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, or is not appropriate, a decision shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six rendered as contemplated in (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional timeE).
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10E) The decision of the arbitrator is to be completed within three (3) working days of the hearing. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey the decision.
F) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
G) All settlements of proposed expedited arbitration cases made prior to the hearing shall be without prejudice.
H) The Union will settle forward a brief summary of its case identifying particulars and any reliance authorities to the grievance, and Employer at least ten (10) work days in advance of the Company and scheduled date of the Union agree to abide by such decisionexpedited arbitration. The compensation Employer will respond in kind within five (5) work days of receipt of the Union’s summary.
I) The parties shall equally share the costs of the fees and expenses of the arbitrator.
J) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the general expenses provisions of Article 10.01.
K) The following expedited arbitrators are appointed under the collective agreement: Xxxx Xxxxxx, Xxxxxxxxxxx Xxxxxxxx and Xxxx Xxxxx. At the expiry of the arbitration shall be borne collective agreement, the parties agree to review this roster of arbitrators and may by mutual agreement, add or remove names from the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesroster.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 A party to a collective agreement may refer a difference respecting its interpretation, application, operation or work stoppage (strike) activity and those which are also alleged violation, including a question as to whether a matter is arbitrable, to the subject of an administrative charge or court action shall be submitted to arbitration under the director for resolution by 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 No difference may 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 referred to the other. The arbitrator shall be notified director under this Article unless
(i) the grievance procedure under the Collective Agreement has been exhausted, and
(ii) the application is made within forty-five (45) days of his or her termination by the completion of the steps of the grievance procedure preceding 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 reference 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 datearbitration.
(c) The procedure for expedited arbitration shall No difference under the Collective Agreement may be as follows:referred to the director under this Article if
(1i) The parties the difference has been referred to arbitration under the Collective Agreement by the party who wishes to refer it under this Article, or
(ii) the time, if any, stipulated in or permitted under the Collective Agreement for referring the difference to arbitration has expired.
(d) If a difference is referred to the director within the time periods specified in this Article, the director
(i) shall notify appoint an arbitrator to hear and determine the matter arising out of the difference.
(ii) shall fix the date on which the hearing by the arbitrator in writing on will commence, which date must be within twenty-eight (28) days after the day of agreement or date of arbitration demands in suspension cases on which the difference was referred to settle the director, and
(iii) may, if a grievance by expedited arbitration. The arbitrator shall notify party so requests and the other party agrees, appoint a settlement officer to assist the parties in writing of settling the hearing dategrievance before the hearing.
(2e) The parties may submit to the arbitrator prior to the hearing If a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. Howeversettlement officer is appointed under Article 1(d), the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can relysettlement officer shall, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He appointment or she shall provide within such further time as the director may allow,
(i) inquire into the difference,
(ii) endeavour to assist the parties a brief written statement in settling the difference, and
(iii) report the director on the results of the reasons supporting his or her settlementinquiry and the success of the settlement effort.
(5f) The arbitrator's settlement If the parties are unable to settle the difference, the arbitrator appointed under Article 1(d) shall apply only proceed to hear and determine the matter arising out of the difference and shall, subject to Article 1(g), issue a decision within twenty-one (21) days after the conclusion of the hearing.
(g) If jointly requested to do so by the parties to the instant grievance which difference, the arbitrator appointed under Article 1(d) shall, if possible, issue an oral decision within one day after the conclusion of the hearing and shall be settled thereby. It shall not constitute a precedent for other cases issue written reason within the time specified in Article 1(f).
(h) An arbitrator appointed under Article 1(d) has all the power and jurisdiction of an arbitrator appointed under this Code or grievances and may not be cited or used as a precedent in other arbitration matters the collective agreement between the parties unless to the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance proceduredifference.
(6i) The time limits This section applies to every party to the Collective Agreement and every person bound by a Collective Agreement, despite any provision in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Collective Agreement.
(10j) The decision other provisions of the arbitrator will settle the grievance, and the Company and the Union agree Part apply to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting an arbitration under this provision shall be Article, with the same as in existing proceduresmodifications necessary to accommodate appointments and expedited processes under this Article.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. (aA) In lieu A representative of Employer and 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 interpretationUnion shall meet quarterly, or work stoppage (strike) activity and as often as is required, to review outstanding grievances to determine, by mutual agreement, those which are also grievances suitable for expedited arbitration. In addition, the subject of an administrative charge or court action shall be submitted parties will meet quarterly to arbitration under review the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing process and scheduling 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 followedhearing dates.
(bB) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall Those grievances agreed to 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 suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled monthly, or as follows:otherwise mutually agreed to by the parties.
(1C) The location of the hearing is to be agreed to by the parties shall notify but will be at a location central to the geographic area in which the dispute arose.
D) As the process is intended to be informal, lawyers will not be used to represent either party.
E) 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.
F) Prior to rendering a decision, 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 may assist the parties in writing mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the hearing dateLabour Relations Code.
(2G) The parties may submit to the arbitrator prior to the hearing Where mediation fails, or is not appropriate, a written stipulation of all facts not in disputedecision shall be rendered as contemplated herein.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10H) The decision of the arbitrator will settle is to be completed on the grievance, agreed to form and mailed to the Company parties within three (3) working days of the hearing.
I) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
J) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
K) The parties shall equally share the Union agree to abide by such decision. The compensation costs of the fees and expenses of the arbitrator and the general expenses of the arbitration arbitrator.
L) The expedited arbitrators, who shall act as sole arbitrators, shall be borne by the Company Xxxxx Ready, Xxxx Xxxxxx, Xxxxxxxxx Xxxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxxx, and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesXxxxx XxXxxxxxxx.
(11M) The time limit for requesting arbitration under this provision expedited arbitrator shall be have the same powers and authority as in existing proceduresan arbitration board established under the provisions of Article 10.
N) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 Article 10 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.the
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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, The Parties agree that any grievance involving may be referred to the suspension following Expedited Arbitration process: At the request of an individual employeeeither Party, 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 a grievance that has been referred 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 pursuant 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 Article 12 of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The arbitrator shall may 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 resolved through expedited arbitration shall be as follows:
(1) The parties shall notify with the arbitrator in writing on the day consent of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitrationboth Parties. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working business days after of such mutual consent the Parties will agree on an arbitrator from a list maintained for that purpose. Should the Parties be unable to agree, the arbitrator will be the successor, on the list, to the most recently used arbitrator. Following the selection of the arbitrator and notice to the arbitrator by the Parties of their intent to pursue expedited arbitration the Parties may proceed to arbitration with or without an agreed statement of facts. Should the Parties create an agreed statement of facts it will be submitted to the arbitrator at least forty-eight (48) hours prior to the start of the hearing. No witnesses will testify in an expedited arbitration proceeding. Should the Parties be unable to arrive at an agreed statement of facts, it will be the burden of each party Party to establish any relevant facts by reference to empirical evidence and objective supporting documentation. Subjective evidence in support of a position may submit be entertained by the arbitrator but will not be given as much weight as objective evidence. Submissions of evidence and supporting documentation may be made electronically or by mail should the Parties empower the arbitrator to make a brief written summary decision without a hearing at which representatives of the issues raised Parties are present. Should the Parties agree to present evidence to the arbitrator at a hearing the arbitrator will render an oral decision which will be recorded and initialed by the representatives of the Parties who are present at the hearing and arguments supporting its positionhearing. The Such oral decision will be confirmed by the arbitrator shall give his or her settlement in writing within five (5) working business days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
hearing. The Parties may, by mutual written agreement, vary the provisions of this section. Should the Parties agree that their presence at a hearing is not necessary, the arbitrator will render a written decision on the grievance within seven (57) business days of the date on which submissions of evidence were due. The arbitrator's settlement shall apply only to ’s decision will be final and binding on the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances Parties and may the Parties agree that expedited arbitration decisions will not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) appealed. The time limits in (1) and (4) of this Section may be extended by arbitrator’s decision may, subject to agreement of the parties or at parties, have precedential effect on the arbitrator's request, in either case, only in emergency situationsParties. Such extensions shall not circumvent Costs attendant to the purpose issuance of an award pursuant to this procedure.
(7) In all suspension or dismissal grievances submitted to expedited arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances process will be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested borne equally by the Union in which the Company concurs shall not be included in such additional timeparties.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(109) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(1110) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu All grievances shall be considered as suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 Agreement;
(General3) through 4 (Conduct grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(b) As soon as The Arbitrator shall be selected in accordance with the procedure outlined in Section (i) below. The arbitration procedure shall be in accordance with the following: • All presentations shall be short and concise • A comprehensive opening statement shall be made by both parties • There will be limited use of authorities • Where possible after this Agreement becomes final the parties will develop an agreed statement of facts • All documents will be jointly submitted wherever possible • The hearing will be conducted in an informal manner • The parties may mutually agree to have the Arbitrator mediate the issues • All presentations will be informal, and bindinglawyers not to be used, including staff lawyers
(c) By January 15 of each year, the parties will reserve a panel period of two (2) working days (or more if required) bi-annually March and September for hearings to address all outstanding grievances. Representatives of the parties will meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be heard.
(d) The Arbitrator shall hear the grievances and shall render a binding decision within three (3) arbitrators working days of such hearings. No written reasons for the decision shall be selected provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties. Each arbitrator parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall serve until the termination of this Agreement unless his or her services are terminated earlier be without prejudice.
(g) A grievance determined by written notice from either party to fall within one of the other. The arbitrator shall categories listed in (a) above may be notified of his or her termination by a joint letter removed from the parties. The arbitrator shall conclude his or her service by settling expedited arbitration process at 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 time prior to the next arbitrator. If no one can hear the case within ten (10) working days, the case will be assigned hearing and forwarded to the arbitrator who can hear the case on the earliest datea regular arbitration hearing pursuant to Clause 9.2.
(c) The procedure for expedited arbitration shall be as follows:
(1h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The parties agree that the hearings will be conducted locally, or at a mutually agreed to location.
(j) The parties shall select an individual from the following list in order of rotation who, if available within the time limit for requesting arbitration under this provision limits specified will be appointed: • Xxxx Xxxxxx • Xxxxxxx Xxxxxxx • Xxxxxxxxxx Xxxxxxx • Xxx Xxxxxxxx • Xxxx XxXxxxxx If the selected individual is unable to serve, the next individual on the list shall be the same as in existing proceduresselected.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. (a) In lieu All grievances shall be considered as suitable for expedited arbitration, except grievances in the nature of:
(1) Policy grievances;
(2) Grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 Agreement;
(General3) through 4 (Conduct Grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement, a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(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 selected in accordance with the procedure outlined in section (j) below. The arbitration procedure shall be in accordance with the following: • All presentations shall be short and concise. • A comprehensive opening statement shall be made by a joint letter from the both 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 • There will be passed to limited use of authorities. • Where possible the next arbitratorparties will develop an agreed statement of facts. If no one can hear the case within ten (10) working days, the case • All documents will be assigned jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The parties may mutually agree to have the arbitrator who can hear mediate the case on the earliest dateissues. • All presentations will be informal, and lawyers not to be used, including staff lawyers.
(c) By January 15th of each year, the parties will reserve a period of one (1) working day (or more if required) tri- annually February, June and October, for hearings to address all outstanding grievances. Representatives of the parties will meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be heard.
(d) The procedure arbitrator shall hear the grievances and shall render a binding 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:without prejudice.
(1g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to the hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration arbitrator or by the facility in which the hearing is booked, the party canceling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The time limit for requesting arbitration under this provision parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within the times specified in (c) above, an individual from the following list will be the same as in existing procedures.appointed: • Xxxx Xxxxxx • Xxxx Xxxxxx • Xxxxxx Xxxxxxx • Xxxxx Xxxxxx • Xxxx Xxxxxxxx • Xxxxx Xxxxx
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu If no settlement is reached in Step Three of the procedures specified Grievance Procedure, the Chairman of the Local Union Grievance Committee may appeal it to Expedited Arbitration Procedure (Appendix D) by notifying the Plant Manager within seven (7) days of receipt of written answers from the Company representatives. If the Company and Union plant representatives agree that the issue should be handled in Paragraphs 1 (General) through 4 (Conduct Expedited Arbitration, it should proceed as follows: The list of Hearing and Decision members 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 arbitration panel applicable to the subject of an administrative charge or court action plant shall be submitted maintained alphabetically to arbitration under be used by fixed rotation. The next panel member shall be contacted and requested to serve on the expedited arbitration procedure hereinafter provided case or cases designated for Expedited Arbitration at a time and place agreed upon by the Company and the Union. The date for the hearing shall be within fifteen ten (1510) 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 appeal unless an extension of time is mutually agreed by the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of Company and 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 followedUnion.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators Grievances shall be selected presented in the Expedited Arbitration Procedure by a designated representative of the partiesLocal Union and designated representative of Management. Each arbitrator shall serve until Witnesses’ attendance at the termination of this Agreement unless hearing will be limited to the time necessary to give 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 datetestimony.
(c) The procedure for expedited arbitration hearing shall be as followsconducted in accordance with the following:
(1) . The parties hearing shall notify the arbitrator in writing on the day of agreement be informal.
2. No briefs shall be filed or date of arbitration demands in suspension cases to settle a grievance by expedited arbitrationtranscripts made.
3. There shall be no formal evidence rules.
4. The arbitrator shall notify have the parties in writing obligation of assuring that all necessary facts and considerations are brought before him by the representatives of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of parties. In all facts not in dispute.
(3) The hearing respects, he shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after . If the hearing, each party may submit a brief written summary of the issues raised arbitrator concludes or both parties agree at the hearing that the issue should be withdrawn from Expedited Arbitration, the case shall be referred back to the Third Stage of the grievance procedure and arguments supporting its positionit shall be processed as though appealed on such date. The arbitrator Expedited Arbitrator shall give his or her settlement within five (5) working days after receiving have the briefssame powers and be subject to the same limitations as the Board of Arbitration save and except as expressly provided in the following paragraphs.
6. He or she shall provide the parties a brief written statement The decision of the reasons supporting his or her settlement.
(5) The arbitrator's settlement Expedited Arbitrator shall apply only be applicable to the instant grievance which shall be settled thereby. It cases in question and shall not constitute a precedent for other cases or grievances and may not nor be cited or used by either party as a precedent in other arbitration matters between future cases. Notwithstanding any condition contained in this Agreement, the parties unless the settlement or modification thereof is adopted by the written concurrence decision of the representatives Expedited Arbitrator shall:
i) Be consistent with the provisions of each party at the last step of this Agreement, and
ii) Be confined to the grievance procedurereferred to him.
(6) The time 7. Time limits referred to in (1) this Supplemental Agreement exclude Saturdays, Sundays and (4) of this Section holidays and may be extended by mutual agreement of the parties or at involved in each particular phase of the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. 12.01 Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances.
12.02 An Arbitrator shall be appointed by the Vice-Chairman — Mediation Services to hear the cases. His or her expenses and fees will be borne by the Parties. The fees are to be in an amount agreed to by all three Parties.
(a) In lieu of the procedures specified in Paragraphs 1 Within thirty (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 (1530) 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 receipt 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 periodStep 3 answer, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followed.Company or the
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators The Arbitrator shall be selected by the parties. Each arbitrator shall requested to 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, on 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 or cases designated 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 Expedited Arbitration at a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence time and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne place agreed upon by the Company and the Union in equal parts. Each party shall bear Representatives within thirty (30) days following the expense of its representatives and witnessesrequest.
(11a) Grievances shall be presented in the Expedited Arbitration Procedure by a previously designated Union Representative and a designated representative of the Local Plant Management. Attendance of other persons at the Arbitration hearing shall be limited to those who have personal knowledge of the grievance being presented.
(b) Grievances subject to this Expedited Arbitration Procedure must be confined to issues which do not involve novel problems and which have limited contractual significance or complexity.
(a) The time limit hearing shall be informal
(b) The Parties agree to exchange the name of witnesses and the particulars on which they intend to base their arguments, ten (10) calendar days prior to the date of the hearing.
(c) No briefs shall be filed or transcripts made
(d) There shall be no formal evidence rules
(e) The Arbitrator shall have the ligations of assuring that all necessary facts and considerations are brought before him by the representatives of the Parties. In all respects, he shall assure that the hearing is a fair one.
(f) If the Arbitrator or the Parties conclude at the hearing that the issues involved are of such complexity or significance that the case should require further consideration by the Parties, the case shall be referred back to the initiating Party for requesting arbitration final deposition.
(g) The Arbitrator shall render his written decision within five (5) work days following the date of the hearing. Their decision shall be based on the facts presented by the Parties at the hearing, and shall include a brief written explanation of the basis for their conclusion. These awards will not be cited as a precedent at any discussion of any other grievances at any stage of the grievance procedure or in any subsequent Arbitration, and will be considered binding by both Parties.
12.06 The Arbitrator under this provision Expedited Arbitration Procedure shall be have the same powers as in existing proceduresgranted to the Arbitrator under Section 13 of this Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Expedited Arbitration. (a) a. In lieu of the procedures specified in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleb), any grievance involving the suspension of an any 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 arbitrationarbitration by the Union. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Section 27.01, Paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) of this ArticleAgreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitrationarbitration by the Union, elect to use the expedited arbitration procedure Expedited Arbitration Procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If irrevocable if no such election is made within the foregoing specified time period, the arbitration procedure in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) shall be followed.
(b) b. As soon as possible after this Agreement becomes final and binding, a panel of at least three ten (310) arbitrators umpires shall be selected by the partiesJoint Advisory Committee. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the partiesJoint Advisory Committee. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(c) c. The procedure for expedited arbitration shall be as follows:
(1) . The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands demand in a suspension cases case to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) . The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) . The hearing shall be informal informal, without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied satisfy himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) . Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) . The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureparties.
(6) . The time limits in section (c) (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's umpires request, ; in either case, case only in emergency situations. Such , such extensions shall not circumvent the purpose of this expedited procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this section, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate8. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) 9. The decision of the arbitrator umpire will settle the grievance, grievance and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) 10. The time limit for requesting arbitration under this provision section shall be the same as set forth in existing proceduresSection 27.01, paragraph (b). Section 28.01 Joint Advisory Committee A Joint Advisory Committee will be created consisting of three Union representatives from the CWA, and three Management Representatives from the Company. The District 4 International Representative will appoint the CWA representatives and the vice president of operations or his/her designee will appoint the Company representatives. It shall be the function of the Joint Advisory Committee to study and make recommendations to the parties hereto with respect to such matters as may be presented to the Joint Advisory Committee relating to this Agreement or to any of the company’s plans or practices affecting the educational, health, welfare and social status of the employees. In addition, as may be required, matters regarding technological change in the business of the Company, will be reviewed by the Joint Advisory Committee as provided.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 The following disputes will be 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 as set forth in 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 followsSection A:
(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 writing of the hearing date.any dispute arising under Section V.C; or
(2) The parties may submit any dispute in which the amount in controversy, exclusive of interest or costs, is less than $2 million. Expedited arbitration proceedings will be held before a single neutral umpire who is a past or present officer of a life and health insurance or life and health reinsurance company not affiliated with either of the Parties in any way. If the Parties cannot agree on an umpire within thirty (30) calendar days following the demand for expedited arbitration, the selection shall be made pursuant to the arbitrator Umpire Selection Procedure of the ARIAS-US Certifiex Xxxitrators List available at www.ARIAS-US.org. Xxxxxx xxxxxx-one (21) days following the selection of the umpire, the Parties and umpire will conduct an organizational meeting by teleconference to familiarize the umpire with the dispute and to set a timetable for submission of briefs. There will be no discovery, and the dispute will be decided based on briefs and documentary evidence only, unless otherwise agreed by the Parties or ordered by the umpire for good cause. No ex parte communication will be permitted with the umpire at any time prior to the hearing a written stipulation conclusion of all facts not in dispute.
the proceedings. Within thirty (330) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearingsubmission of briefs by the Parties, the umpire will render a written, reasoned decision on the dispute and a statement of any award to be paid as a result. The decision will be based on the terms and conditions of this Agreement as well as the usual customs and practices of the insurance and reinsurance industry, rather than on strict interpretation of the law. The decision will be final and binding on both Parties and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. In the absence of a decision to the contrary by the umpire, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party Party shall bear the expense of its representatives own arbitration activities and witnessesshall jointly and equally bear the expense of the umpire and other costs directly attended to the arbitration proceeding, provided that neither Party's liability for such costs shall ever exceed 50% of the total of such costs, regardless of the other Party's failure to pay. Allocated Retention Pool -- Effective 10/1/2008 Between ILA and Swiss Re The Parties may mutually agree to extend any of the periods shown in this Section.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: Reinsurance Agreement (Hartford Life & Annuity Insurance Co Sep Account Vl I), Reinsurance Agreement (Hartford Life & Annuity Ins Co Separate Acount Vlii)
Expedited Arbitration. If a Party exercises its rights under this Agreement to refer a dispute to Expedited Arbitration pursuant to Section 6.8, 10.5, or 11.3, then the Parties will follow the expedited dispute resolution process in this Section 15.6 (and not the dispute resolution process in Section 15.5(b) of this Agreement) (“Expedited Arbitration”). The Parties agree and acknowledge that any good faith dispute under Expedited Arbitration will not be deemed to be a material breach of this Agreement. The Expedited Arbitration will be fast-track, binding arbitration carried out in accordance with the following (a) In lieu of the procedures specified Parties will refer the matter to arbitration before a mutually acceptable independent arbitrator, who shall be experienced in Paragraphs 1 the pharmaceutical business; (Generalb) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleeach Party will submit its final proposed terms to the other Party at least [***] prior to submission to the independent arbitrator, 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 final proposed terms shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided independent arbitrator within fifteen [***] after such dispute is referred to Expedited Arbitration; (15c) calendar days after the filing independent arbitrator will select between the two sets of a request for arbitration. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 terms (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 periodi.e., the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct independent arbitrator will select the more reasonable set 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 terms submitted by the parties. Each arbitrator Parties, and will not propose a third set of terms), and shall serve until the termination of this Agreement unless render his or her services are terminated earlier by written notice from either party to opinion within [***] after the other. The final arbitration hearing; (d) the independent arbitrator shall be notified of his not have the authority to render any substantive decision other than to select the proposal submitted by either Novartis or her termination by a joint letter from Licensor and the parties. The independent arbitrator shall conclude his will have no discretion or her service by settling any grievance previously heard. A successor arbitrator shall be selected by authority with respect to modifying 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 writing positions of the hearing date.
Parties; and (2d) The parties may submit to the arbitrator prior to the hearing a written stipulation decision of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that final and binding on the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair oneParties, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included subject to the dispute resolution provisions set forth in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decisionSection 15.5. The compensation Parties shall equally share the costs and expenses of in connection with such Expedited Arbitration proceeding. Except in a proceeding to enforce the arbitrator and the general expenses results of the arbitration shall be borne or as otherwise required by applicable Law, neither Party nor any arbitrator may disclose the Company and existence, content or results of any arbitration hereunder without the Union in equal parts. Each party shall bear the expense prior written consent of its representatives and witnessesboth Parties.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Molecular Partners Ag), License and Collaboration Agreement (Molecular Partners Ag)
Expedited Arbitration. (a) In lieu If either party hereto desires to invoke the arbitration procedure set forth in this Section 16.3, the party invoking the arbitration procedure shall give an Arbitration Notice to the other party stating that the party sending the Arbitration Notice desires to meet within three (3) Business Days to attempt to agree on an Arbitrator to determine the question at issue. The Arbitrator appointed shall be competent, qualified by training and experience, disinterested and independent, and an individual having not less than ten (10) years experience relating to commercial real estate in New York City. If the parties hereto have not agreed on the Arbitrator within three (3) Business Days after the giving of the procedures specified in Paragraphs 1 (General) through 4 (Conduct Arbitration Notice, then either party hereto, on behalf of Hearing and Decision of Arbitrator) of this Articleboth, any grievance involving may apply to 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 AAA 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 appointment of the request Arbitrator, or, if the AAA shall not then exist or shall fail, refuse or be unable to act such that the Arbitrator is not appointed by the AAA within twenty (20) Business Days after application therefor, then either party may apply to the Court, for arbitration, elect the appointment of the Arbitrator and the other party shall not raise any question as to use the expedited arbitration procedure hereinafter providedCourt’s full power and jurisdiction to entertain the application and make the appointment. The election shall be in writing and, when signed date on which the Arbitrator is appointed by authorized representatives the agreement of the parties, by appointment by the AAA or by appointment by such court is referred to herein as the “Appointment Date”. If any Arbitrator appointed hereunder shall be irrevocable. If no such election is made within the foregoing time periodunwilling or unable, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) for any reason, to serve, or continue to serve, a replacement Arbitrator shall be followedappointed in the same manner as the original Arbitrator.
(b) As soon The arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the AAA for expedited arbitration, modified as possible follows:
(i) To the extent that the CPLR, or any successor statute, imposes requirements different from those of the AAA in order for the decision of the Arbitrator to be enforceable in the courts of the State of New York, such requirements shall be complied with in the arbitration.
(ii) Before hearing any testimony or receiving any evidence, the Arbitrator shall be sworn by an officer authorized to administer an oath to hear and decide the controversy faithfully and fairly and a written copy thereof shall be delivered to Landlord and Tenant.
(iii) Within ten (10) Business Days after this Agreement becomes final the Appointment Date, the parties hereto shall deliver to the Arbitrator two (2) copies of their respective Determinations, together with such affidavits, appraisals, reports and bindingother written evidence relating thereto as the submitting party deems appropriate. Such ten Business-Day period may not be extended by the Arbitrator. After the submission of any Determination, the submitting party may not make any additions to or deletions from, or otherwise change, such Determination or the affidavits, appraisals, reports and other written evidence delivered therewith. If either party fails to so deliver its Determination within such time period, such party shall be deemed to have irrevocably waived its right to deliver a panel Determination and the Arbitrator, without holding a hearing, shall accept the Determination of at least the submitting party as the appropriate resolution of the issue in question. If each party submits a Determination with respect to the appropriate resolution of the issue in question, within the ten Business-Day period described above, the Arbitrator shall, promptly after its receipt of the second Determination, deliver a copy of each party’s Determination to the other party.
(iv) Not more than ten (10) Business Days after the earlier to occur of (A) the expiration of the ten Business-Day period provided for in clause (iii) above or (B) the Submission Date, and upon not less than three (3) arbitrators Business Days’ notice to the parties, the Arbitrator may hold one hearing with respect to the determination of the appropriate resolution of the issue in question. The hearing shall be selected held in the Borough of Manhattan at such location and time as shall be specified by the partiesArbitrator. Each arbitrator of the parties shall serve until be entitled to present all relevant evidence and to cross-examine witnesses at the termination hearing. The Arbitrator shall have the authority to adjourn any hearing to such later date as the Arbitrator shall specify, provided that in all events all hearings with respect to the determination of the appropriate resolution of the issue in question shall be concluded not later than thirty (30) days after the Submission Date.
(v) The Arbitrator shall be instructed, and shall be empowered only, to select one of the Determinations which the Arbitrator believes is the more appropriate resolution of the issue at hand. Without limiting the generality of the foregoing, in rendering her or his decision, the Arbitrator shall not add to, subtract from, or otherwise modify the provisions of this Agreement unless Lease or either of the Determinations.
(vi) The Arbitrator shall render his or her services are terminated earlier by written notice from either party determination as to the other. The arbitrator selection of a Determination in a signed and acknowledged written instrument, original counterparts of which shall be notified sent simultaneously to the parties hereto, within three (3) Business Days after the earlier to occur of (A) his or her termination by a joint letter from determination of the parties. The arbitrator shall conclude his appropriate resolution of the issue in question pursuant to clause (iii) above or her service by settling any grievance previously heard. A successor arbitrator shall be selected by (B) the parties. Arbitrators shall be assigned cases conclusion of the hearing(s) referred to in rotating order designated by the parties. If an arbitrator is not available for a hearing within ten clause (10iv) 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 dateof this subsection.
(c) The procedure for expedited arbitration decision, determined as provided in this Section 16.3, shall be as follows:
(1) The parties shall notify the arbitrator in writing conclusive and binding on the day of agreement or date of arbitration demands in suspension cases to settle a grievance parties, shall constitute an “award” by expedited arbitration. The arbitrator shall notify the parties in writing Arbitrator within the meaning of the hearing dateAAA rules and applicable law and judgment may be entered thereon in any court of competent jurisdiction.
(2d) The parties may submit Each party shall pay its own fees and expenses relating to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
arbitration described herein (3) The hearing shall be informal including, without formal rules of evidence and without a transcript. Howeverlimitation, the arbitrator fees and expenses of its counsel and of experts and witnesses retained or called by it). Each party shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair pay one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary -half of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator AAA and the general expenses of the arbitration shall be borne by Arbitrator; provided that if either party fails to submit a Determination within the Company and the Union in equal parts. Each period provided therefor, such non-submitting party shall bear the expense pay all of its representatives such fees and witnessesexpenses.
(11e) The time limit for requesting arbitration under this provision Time shall be of the same essence as to all obligations of Landlord and Tenant set forth in existing proceduresthis Section 16.3.
Appears in 2 contracts
Samples: Sublease Agreement (New York Times Co), Sublease Agreement (New York Times Co)
Expedited Arbitration. (a) In lieu of the procedures specified elsewhere in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 8 of this ArticleAgreement, any disciplinary grievance involving the suspension of an individual employeeemployee can, except those which also involve an issue with mutual agreement of arbitrability, contract interpretationthe parties hereto, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall employee if not represented by the Union, be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar 14 days after the filing of a request for arbitrationdisciplinary grievance. 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) Article 8 of this ArticleAgreement, both parties the Union may, within fifteen (15) calendar 14 days after the filing of the request a demand for arbitrationarbitration under Article 8.2(e), elect propose to use the expedited arbitration procedure hereinafter provided. The election Either party may propose use of this procedure, but it shall be in writing and, when signed and must be agreed to by authorized representatives of both 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) Article 8 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 by mutual agreement the parties terminate his/her services are terminated earlier by written notice from either party to the otherearlier. The arbitrator shall be notified of his or her termination by a joint letter from the parties. The arbitrator shall conclude his or his/her service by settling services upon conclusion of any grievance previously heardoutstanding arbitrations. A successor arbitrator shall be selected by the parties. Arbitrators shall be assigned cases in rotating order designated by the partiesas described below. 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:
a. The panel of arbitrators shall be assigned a number in rotation.
b. The parties shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as arbitrator.
c. The five members shall be randomly assigned a number (1remixed) after each rotation is complete.
d. The parties shall notify the arbitrator in writing on the day of agreement or date of the arbitration demands demand in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedate which must be within 30 days.
(2) e. The parties may must submit to the arbitrator five days prior to the hearing a written stipulation of all facts not in dispute.
(3) f. The hearing parties shall be informal without formal rules present an oral closing argument of evidence and without a transcriptthe case. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair onealternatively, and that all facts necessary to a fair settlement by mutual agreement only, and reasonably obtainable are brought before the arbitrator.
(4) Within within five (5) working days after the hearing, hearing each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement award within five (5) working days after the hearing, or when applicable after receiving the briefs. He or He/she shall provide the parties a brief written statement of the reasons supporting his or his/her settlementaward.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) g. The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) h. The decision of the arbitrator will settle the grievance, be final and the Company and the Union agree to abide by such decisionbinding. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company Employer and the Union in equal parts. Each party parts except in cases where the employee is not represented by the Union, in which cases the costs shall bear be borne by the expense of its representatives employee and witnessesthe Employer, as per Article 8.2(j).
(11) i. The time limit for requesting power, authority and restrictions applicable to a disciplinary arbitrator under Article 8 shall apply under the expedited arbitration under procedure. * Unless otherwise specified days as used in this provision Article shall be the same as in existing proceduresmean calendar days.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Memorandum of Agreement (Moa)
Expedited Arbitration. (a) In lieu All grievances shall be considered as suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 agreement;
(General3) through 4 (Conduct grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement, a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators The Arbitrator shall be selected in accordance with the procedure outlined in Section (j) below. The arbitration procedure shall be in accordance with the following: • All presentations shall be short and concise. • A comprehensive opening statement shall be made by the both 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 • There will be passed to limited use of authorities. • Where possible the next arbitratorparties will develop an agreed statement of facts. If no one can hear the case within ten (10) working days, the case • All documents will be assigned jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The parties may mutually agree to have the arbitrator who can hear Arbitrator mediate the case on the earliest dateissues. • All presentations will be informal, and lawyers not to be used, including staff lawyers.
(c) By January 15th of each year, the parties will reserve a period of one working day (or more if required) tri-annually (February, June and October), for hearings to address all outstanding grievances. Representatives of the parties will meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be heard.
(d) The procedure Arbitrator shall hear the grievances and shall render a binding decision within two 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:without prejudice.
(1g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to the hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The time limit for requesting arbitration under this provision parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within the times specified in (c) above, an individual from the following list will be the same as in existing procedures.appointed: Xxxx Xxxxxx Xxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxxxx Xxxx XxXxxxxx Xxxx Xxxxxxxx
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. (a) In lieu 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, subject to (c) below, in accordance with the provisions of the procedures specified grievance procedure contained 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 followedagreement.
(b) As soon as possible after this Agreement becomes final By January 15th of each year, the parties will reserve a period of two working days (or more if required) biannually March and binding, a panel September for hearings to address all outstanding grievances. Representatives of the parties will meet 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 two weeks prior to the other. The arbitrator shall reserved dates to finalize an agenda of grievances to 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 All grievances shall be considered suitable for and resolved by expedited arbitration shall be as followsexcept grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the agreement;
(6) grievances requiring presentation of extrinsic evidence;
(7) grievances where a party intends to raise a preliminary objection;
(8) demotions;
(9) grievances relating to Article 14—Hours of Work.
(d) By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(e) The Arbitrator shall hear the grievances and shall render a decision within two 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) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(g) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(h) A grievance determined by either party to fall within one of the categories listed in (c) above, may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 9.2.
(i) The parties shall notify equally share the arbitrator in writing on cost of the day fees and expenses of agreement or date of arbitration demands in suspension cases the Arbitrator and hearing rooms.
(j) As the process is intended to settle be non-legal, unless otherwise agreed, lawyers will not be used to represent either party.
(k) Presentations are to be short and concise and are to include a grievance by expedited arbitrationcomprehensive opening statement. The arbitrator shall notify parties agree not to present authorities during their presentations.
(l) The hearings will be governed by the following guidelines which can be amended by agreement between the parties in writing at any time:
(1) A brief of pertinent documents will be jointly presented to the hearing dateArbitrator.
(2) The parties may submit to To the arbitrator prior to the hearing extent that authorities are permitted, they shall be presented in a written stipulation of all facts not in disputejoint brief.
(3) The hearing shall If possible, a statement of agreed facts will be informal without formal rules of evidence and without a transcript. However, jointly presented to the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorArbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing Responses to opening statements will cover any facts which are in dispute and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementany additional facts available.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall hearing will be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent conducted in other arbitration matters between an informal manner with limited objections by the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureand without concern for procedural irregularities.
(6) The time limits Witnesses will only be used to enter evidence relative to facts in (1) and (4) of this Section may be extended by agreement of the parties dispute or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedurefor expert explanations.
(7) In all suspension or dismissal grievances submitted Arguments will be presented only to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union points in which the Company concurs shall not be included in such additional timeissue.
(8) In case of suspensionm) Prior to rendering a decision, the arbitrator shall have authority Arbitrator may assist the parties in mediating a resolution to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedgrievance.
(9n) The arbitrator shall have no authority to add toWhere mediation fails, subtract from or modify any provisions of this Agreement.
(10) The is not appropriate, a decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne rendered by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesArbitrator as contemplated herein.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu The Union or the Company may invoke the expedited grievance procedure, as distinguished from the ordinary grievance procedure, in the event an employee is discharged, suspended, disqualified from a job, disciplined for failure to meet production standards, loss or reduction of earnings or in 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 event there is a seniority dispute. Such request shall be submitted asserted in writing, by next day mail, given to the other party. THE PARTIES WILL EACH SELECT THREE (3) ARBITRATORS WHO ARE EITHER AMERICAN ARBITRATION ASSOCIATION OR FMCS ARBITRATORS TO SERVE ON AN EXPEDITED ARBITRATION PANEL. TWO OF THE SIX ARBITRATORS SHALL BE QUALIFIED TIME STUDY ENGINEERS AND ALL ARBITRATORS SELECTED FOR THE PANEL MUST BE WILLING TO ACCEPT THE CONTRACTUAL CONDITIONS FOR EXPEDITED ARBITRATION. THE PARTY REQUESTING THE EXPEDITED GRIEVANCE PROCEDURE SHALL IMMEDIATELY CONTACT THE AMERICAN ARBITRATION ASSOCIATION TO REQUEST THE FIRST AVAILABLE ARBITRATOR FROM THE PRE-AGREED PANEL OF SIX (6) ARBITRATORS (SEE APPENDIX C) WHO CAN HEAR THE CASE WITHIN SEVEN (7) CALENDAR DAYS OF THE REQUEST. The arbitrator shall hold an arbitration under the expedited arbitration procedure hereinafter provided within fifteen hearing as expeditiously as possible, but in no event later than seven (157) calendar days after the filing receipt of a request for arbitrationsaid notice. 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle shall issue forthwith and in no event later than three (3) days after the grievance, and conclusion of the Company and hearing unless the Union agree grieving party agrees to abide by such decisionwaive this time limitation with respect to all or part of the relief requested. The compensation arbitrator's written opinion will follow within thirty (30) days and expenses such decision shall be final and binding on both parties. All costs for the hearing and service of the arbitrator and designated herein, or for any other person selected pursuant to the general expenses of the arbitration aforementioned procedure, shall be borne by the Company and the Union in equal partsparties jointly. Each party shall will bear the expense of its representatives and witnessesfor the presentation of its own case.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Expedited Arbitration. (a) In lieu Any disputes involving the provisions of Article III, or, at the request of either Landlord or Tenant, any other disputes under this Amended Lease the urgency, facts and circumstances of which reasonably requires expedited arbitration to protect the rights and interests of the parties hereunder, shall be resolved by final, binding, expedited nonjudicial arbitration ("Expedited Arbitration") by a single Arbitrator in accordance with the Judicial Arbitration and Mediation Service Comprehensive Arbitration Rules and Procedures before the JAMS, in which case, the arbitration shall be conducted in accordance with the procedures specified set forth in Paragraphs 1 subsection (General) through 4 (Conduct of Hearing and Decision of Arbitratorc) of this Article, any grievance involving the suspension of an individual employeeSection 20.22, except those which also involve an issue of arbitrability, contract interpretation, or work stoppage as modified below:
(strikei) activity and those which are also the subject of an administrative charge or court action The party requesting arbitration 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 maythat JAMS provide, within fifteen two (152) calendar days after business days, five (5) potential arbitrators. Landlord and Tenant shall each have 24 hours to strike a name from the filing list and send notice to JAMS of the request for arbitrationname stricken. If either Landlord or Tenant fails to respond within such 24 hour period, elect then the non-responding party shall lose the right to use strike a name from the expedited arbitration procedure hereinafter providedlist. The election shall be in writing and, when signed by authorized representatives Within one (1) business day after being notified of the partiesnames stricken, JAMS shall be irrevocablethen chose an arbitrator from the remaining names on the list. If no Notwithstanding the foregoing, if the parties agree to a single arbitrator without invoking or in the course of invoking the above selection process, then the parties shall request that JAMS honor 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 followedselection.
(bii) As soon as possible after this Agreement becomes final and binding, a panel of at least The arbitration hearing shall be held within three (3) arbitrators business days after the arbitrator is selected pursuant to subparagraph (i) above and 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 limited 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 business day (unless the Arbitrator requires additional hearings, in which case the duration of such arbitration hearings may be extended by up to a maximum of one (1) additional business day), and the Arbitrator 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing render a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement decision within five (5) working business days after receiving following the briefsconclusion of such hearing. He or she shall provide Any judgment confirming the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted award rendered by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section Arbitrator may be extended by agreement of the parties or at the arbitrator's request, entered in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedureany court having jurisdiction.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Triple Net Hospital Building Lease (Integrated Healthcare Holdings Inc)
Expedited Arbitration. (a) In lieu Any grievance of the procedures specified in Paragraphs 1 (General) through 4 (Conduct a disciplinary action up to and including termination of Hearing and Decision of Arbitrator) of this Article, any grievance involving the suspension of an individual employeeemployment, except those which grievances that also involve an issue one or more issues of arbitrabilityarbitrability or contract interpretation will be processed under this provision. Grievances regarding “Fails to Meet Expectations” evaluations will be subject to expedited arbitrations. For expedited arbitration of grievances involving termination of employment, contract interpretationa decision by the arbitrator to award back pay or benefits shall be based on the time period from the effective date of the grievant’s termination up to the date of the arbitrator’s decision, or work stoppage a maximum of six (strike6) activity and those which are also months from 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 effective date of the request for arbitration, elect to use the expedited arbitration procedure hereinafter providedExecutive Director’s final response at Step 3. 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 A panel of at least three five (35) arbitrators shall will be selected and agreed upon by the parties. Each arbitrator shall will serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to the otherother party. The arbitrator shall will be notified of that his or her termination services are terminated by a joint letter from the both parties. The arbitrator shall will conclude his or her service services by settling deciding any grievance previously heardgrievances heard before the date of the joint letter notifying him or her of termination of services. A successor arbitrator shall will be selected and agreed upon by the parties. Arbitrators shall will be assigned cases grievances in rotating order designated and agreed upon by the parties. If a grievance is postponed after an arbitrator has been assigned, the grievance will continue to be assigned to the same arbitrator. If a grievance is settled, cancelled or withdrawn after an arbitrator has been assigned but before the arbitrator decides the grievance, that arbitrator will be the next arbitrator in the rotation order to be assigned a grievance. If an arbitrator is not available for a hearing within ten thirty (1030) working days after receiving an assignment, the case grievance will be passed to the next arbitratorarbitrator in the rotational order. If no one arbitrator can hear the case within ten thirty (1030) working days, the case will be assigned to the an arbitrator who can hear the case on at 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu If there is a dispute between Landlord and Tenant as to any matter under any Section of this Lease that makes specific reference to this Section 44, then such dispute shall, at the request of either party, be resolved solely by arbitration in the City of New York under the Expedited Procedures provisions (it being the intention of the procedures specified parties that such provisions shall apply even if the amount at issue exceeds $50,000, notwithstanding the fact that such provisions may provide otherwise) of the Commercial Arbitration Rules of the American Arbitration Association or any successor thereto (the "AAA"); PROVIDED, HOWEVER, that the provisions of this SECTION 44(a) shall supersede any conflicting or inconsistent provisions of said provisions; and FURTHER PROVIDED, that with respect to any such arbitration, (i) the list of arbitrators referred to in Paragraphs 1 Rule E-5 shall be returned within five (General5) through 4 days from the date of mailing; (Conduct ii) the parties shall notify the AAA by telephone, within four (4) days of any objections to the arbitrator appointed and shall have no right to object if the arbitrator so appointed was on the list submitted by the AAA and was not objected to in accordance with Rule E-5(b); (iii) the Notice of Hearing and Decision of Arbitratorreferred to in Rule E-5(c) 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 four (4) days in advance of the expedited arbitration procedure hereinafter provided hearing; (iv) the hearing shall be held within fifteen five (155) 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 appointment of the request for arbitration, elect arbitrator; (v) the arbitrator shall have no right to use award damages on account of any unreasonable or allegedly unreasonable withholding of any consent; and (vi) the expedited arbitration procedure hereinafter provided. The election decision and award of the arbitrator shall be in writing and, when signed by authorized representatives final and conclusive on the parties. Time shall be of the parties, shall be irrevocable. If no such election is made within essence as to the foregoing time period, the arbitration procedure periods set forth in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followedthis SECTION 44(a).
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three No later than twenty four (324) 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 hours prior to the other. The arbitrator scheduled hearing, Landlord and Tenant 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 each: (10i) working days after receiving an assignmentfirst, 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 simultaneously submit to the arbitrator who can hear and then (ii) second, simultaneously submit to the case on other party such party's specific written proposal stating such party's last and final position and proposed award. Each such written proposal may be accompanied by such data and memoranda in support of the earliest datesubmitter's position as the submitter may deem reasonably necessary or appropriate in the circumstances.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
within three (3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that Business Days after the hearing is in choose either (i) Landlord's position with respect to all respects a fair one, and that individual matters being arbitrated or (ii) Tenant's position with respect to all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's requestsuch matters, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures case as set forth hereinin the proposal described in this Section 44, whichever of the two considered in the aggregate ("i" or "ii") the arbitrator shall determine whether believes is closer to the discipline was for just causeappropriate resolution of all such disputed matters. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to establish or impose any solution or remedy other than "i" or "ii" and may not combine elements of "i" and "ii" to produce a hybrid award.
(d) It is expressly understood that the decision of any arbitrator in accordance with this SECTION 44 shall be final and binding upon the parties hereto and non-appealable. The arbitrator conducting any arbitration shall be bound by the provisions of this Lease and shall not have the power to add to, subtract from from, or otherwise modify such provisions. Landlord and Tenant agree to sign all documents and to do all other things necessary to submit any provisions such matter to arbitration and further agree to, and hereby do, waive any and all rights they or either of this Agreementthem may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder which shall be binding and conclusive on the parties and shall constitute an "award" by the arbitrator within the meaning of the AAA rules and applicable Laws.
(e) The arbitrator shall be a qualified, disinterested and impartial person who shall have had at least ten (10) The decision years experience in New York City in a calling connected with the matter of the arbitrator will settle the grievancedispute. Each party hereunder shall pay its own costs, fees and expenses in connection with any arbitration brought under this Article, and the Company expenses and the Union agree to abide by such decision. The compensation and expenses fees of the arbitrator and the general expenses of the arbitration arbitrators selected shall be borne shared equally by the Company Landlord and the Union in equal parts. Each Tenant, but each party shall bear the expense of its representatives own attorneys and witnessesexperts.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Lease (Sothebys Holdings Inc)
Expedited Arbitration. (a) In lieu of Any party to this Agreement shall institute the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) following procedure, prior to initiating any other action at law or equity, when a breach of this ArticleArticle is alleged to have occurred.
4.2.1 A party invoking this procedure shall notify Xxxxxxx X. Xxxxxxx, any grievance involving as the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretationpermanent arbitrator, or work stoppage (strike) activity and those which are also Xxxxx Xxxxxxxx, as the subject of an administrative charge or court action shall be submitted to arbitration alternate arbitrator, under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing of a request for arbitrationthis procedure. 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 Articlethe event the permanent arbitrator is unavailable at any time, 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 alternate will be in writing and, when signed by authorized representatives of the parties, shall be irrevocablecontacted. If no such election neither is made within the foregoing time periodavailable, the arbitration procedure parties shall select the arbitrator from the list 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 partiesSection 13.4. Each arbitrator shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party Notice 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 most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be assigned cases in rotating order designated by violation, and to the parties. If an Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available for available, who will attempt to convene a hearing within ten twenty-four (1024) working days after receiving an assignment, hours if it is contended that 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 dateviolation still exists.
(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. 4.2.3 The arbitrator shall notify the parties in writing by email and telephone of the hearing date.
(2) The parties may submit to place and time for the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing. Said hearing shall be informal without formal rules completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence and without a transcript. However, or the arbitrator shall be satisfied himself or herself that the evidence submitted is issuance of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before an award by the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised 4.2.4 The sole issue at the hearing and arguments supporting its position. The arbitrator shall give his be whether or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties not a brief written statement violation of Section
4.1 of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled therebyAgreement has occurred. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add toconsider any matter of justification, subtract from explanation or modify mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any provisions party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Agreement.
(10) The decision of the arbitrator will settle the grievanceArticle, and the Company and arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the Union agree arbitrator's award ordering the party to abide by cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such decisionviolation is ceased. The compensation arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.
4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.
4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.
4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the general expenses party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the arbitration shall be borne by permanent or the Company alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Union in equal parts. Each party Council shall bear the expense of its representatives and witnessesmutually agree to a replacement.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Community Workforce Agreement
Expedited Arbitration. (aA. In carrying out the provisions of Section 7.07(D) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct labor agreement, the moving party may request expedited arbitration. This request must be made when notification of Hearing and Decision of Arbitrator) of this Articledesire to arbitrate is sent to the other party. If the other party does not agree, any the moving party must choose between regular arbitration or withdraw the 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 from arbitration.
B. If expedited arbitration procedure hereinafter provided is mutually agreed upon the parties will meet within fifteen five (155) 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 that mutual agreement to settle a grievance by schedule the expedited arbitration. The arbitrator shall notify will be selected from the parties in writing of agreed upon panel. Whenever possible, the hearing date.
expedited arbitration will be scheduled within thirty (230) The parties may submit days after this meeting, subject to the arbitrator prior to the hearing a written stipulation availability of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
C. Extensions of time limits above will be by mutual agreement only. Additional provisions will be adopted by mutual consent.
D. Normal expedited arbitration hearing procedures are as follows:
1. Conditional extensions/continuances may be granted by the Arbitrator.
2. Regular rules of evidence will apply.
3. The hearing on any single case will normally take no more than one day.
4. The Arbitrator will have sole authority to rule on all motions and decide the case.
5. No briefs shall be filed.
6. All fees and expenses of the Arbitrator will be borne equally by the parties to the dispute. If both parties want a transcript the cost will be shared equally by the parties. In the event only one party wants a transcript, that party will pay the cost of the court reporter. If the Arbitrator wants a transcript, both parties will share the cost equally.
7. The Arbitrator may issue a bench decision at the hearing or may render a written decision within three (4) Within five (53) working days after following the conclusion of the hearing, each party . Such decision shall be based on the record before the Arbitrator and may submit include a brief written summary explanation of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement basis of the reasons supporting his or her settlementsuch conclusion.
(5) The arbitrator's settlement shall apply only 8. Treating the decision as precedential must be agreed to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureboth parties.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations9. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator Arbitrator will settle be final and binding upon the grievanceparties subject to the laws and regulations in effect at the time.
10. If, and during the Company and course of the Union agree hearing either party in good faith wishes to abide by such decisiondefer the case to regular arbitration it may elect to do so with a new Arbitrator being selected from an F.M.C.S. panel as provided in this Article. The compensation party making this request will pay all of the fees and expenses for the cancellation of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesexpedited arbitration.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) 1. In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article XXI of this ArticleAgreement, any grievance involving the suspension of an individual noncommission employee, or, the suspension of any commission sales employee with more than two (2) completed years’ net credited service, except those grievances 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) Article XXII of this ArticleAgreement, 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) Article XXII shall be followed.
(b) 2. As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators umpires shall be selected by the parties. Each arbitrator umpire shall serve until the termination termi- nation of this Agreement unless his or his/her services are terminated earlier by written notice from either party to the other. The arbitrator umpire shall be notified of his or her the termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(c) 3. The procedure for expedited arbitration shall be as follows:
(1) a. The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) b. The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) c. The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) d. Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) e. The arbitrator's umpire’s settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6) f. The time limits in (1) a. and (4) d. of this Section may be extended by agreement of the parties or at the arbitratorumpire's request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. g. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) h. The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) i. The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) j. The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Labor Agreement
Expedited Arbitration. All Disputes subject to resolution under this Section 17.2 (Expedited Arbitration) shall be resolved by arbitration conducted in the City of New York and administered by the American Arbitration Association (“AAA”) under the Expedited Procedures of its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”) in effect as of the date of this Agreement, except as modified herein. Arbitration shall be conducted before one (1) arbitrator and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Parties shall request that the arbitrator appointed pursuant to this Section 17.2 (Expedited Arbitration) and, where applicable, the AAA itself observe the provisions of this Section 17.2 (Expedited Arbitration). The Parties agree to engage exclusively in the process outlined under this Section 17.2 (Expedited Arbitration) to resolve the Disputes specified to be resolved under this Section 17.2 (Expedited Arbitration) arising under or relating to Section 1.4(d) (Design Document Preparation), Section 1.17(f) (Acceptance Disputes), Section 11.1(b), and submit to the following procedures therefor:
(a) In lieu The Party initiating the arbitration (the “Initiating Party”) shall make a demand for arbitration by delivering notice (each such notice being herein called an “Arbitration Notice”) of its desire for arbitration to the other Party (the “Responding Party”) within five (5) Business Days of the procedures specified in Paragraphs 1 (General) through 4 (Conduct triggering of Hearing and Decision of Arbitrator) the provisions of this ArticleSection 17.2 (Expedited Arbitration). Notwithstanding the notice provisions of Section 19.13 (Notices), 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 Arbitration Notice 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 ArbitratorSection 17.2(a) shall be followedgiven by email with telephone or facsimile confirmation and with a physical, paper copy sent by messenger or by overnight courier delivery service, with a copy to the AAA as provided under the AAA Rules. An Arbitration Notice shall describe the Dispute in question, with reference to the sections or provisions of this Agreement under which such Dispute arises, and shall list all then-known relevant witnesses, documents or other information that the Initiating Party deems necessary for a determination to be rendered.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days Business Days after the hearingResponding Party’s receipt of an Arbitration Notice, each party may submit the Parties shall, in good faith, seek to agree upon a brief written summary mutually acceptable arbitrator from the AAA roster who shall have experience in resolving disputes similar the Dispute at issue with respect to either the Services or the Work, if such issues are material to the Dispute.
(c) If agreement as to a mutually acceptable arbitrator is not reached within such five (5) Business Day period, then the Parties shall immediately notify the AAA that mutual agreement has not been reached and the Parties shall defer to the AAA for appointment and selection of the issues raised at arbitrator in accord with Rule E-4 of the hearing and arguments supporting its positionExpedited Procedures. The Parties shall advise the AAA that with respect to arbitrator selection for any arbitration conducted under this Section 17.2 (Expedited Arbitration), they agree upon the following: (1) the list of arbitrators referred to in Rule E-4(a) shall give his or her settlement be issued within ten (10) Business Days from the date of the AAA’s receipt of notification under this Section 17.2(c); (2) the Parties shall agree to an arbitrator from the list provided under Rule E-4(a), and shall so notify the AAA, within five (5) working days after receiving Business Days of receipt of such list; (3) if the briefs. He or she Parties are unable to agree upon an arbitrator as previously described, the Parties shall provide notify the parties AAA by email and a brief written statement of the reasons supporting his or her settlement.
copy via regular mail within five (5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence Business Days after receipt of the representatives of each party at the last step list of the grievance procedure.
(6) The time limits in (1) two arbitrators that they would like to strike pursuant to Rule E-4(b); and (4) the Parties shall object to the AAA’s appointment of this Section may an arbitrator under Rule E-4(b) within three (3) Business Days of such appointment or any such objection shall be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedurewaived.
(7d) In With respect to any arbitration conducted under this Section 17.2 (Expedited Arbitration), the Parties agree (and so shall advise the AAA of this agreement) that: (1) the exchange of exhibits under Rule E-5 shall include a statement of position and final offer from each Party setting forth in no more than three (3), double spaced pages the decision and award that it believes the arbitrator should render (“Position”); (2) despite the guidelines set forth in Rule E-6, if either Party objects to a resolution of the Dispute on a submission of the documents without a hearing, regardless of the amount in controversy, then the arbitration shall include a hearing; (3) in all suspension instances, the procedures set forth in Rule E-6 (a) – (g) shall be utilized; (4) any notice of hearing, as required under Rule E-7, shall be given at least five (5) Business Days in advance of any hearing; (5) any additional hearing shall be held within two (2) Business Days after the initial hearing and, in total, no more than twenty (20) hours of hearings may be held in any arbitration conducted under this Section 17.2 (Expedited Arbitration); and (6) the decision and award of the arbitrator shall be made not later than thirty (30) calendar days after completion of the hearing and shall be final and binding on the Parties.
(e) The arbitrator shall be authorized solely to issue a decision and award upon one of the two following criteria:
(1) if the Dispute at issue arises under Section 11.1(b) and relates to the propriety of a termination, the arbitrator may simply decide whether such termination was or dismissal grievances submitted was not proper pursuant to the Agreement and, specifically with respect to Section 11.1(b), may only decide on the propriety of the termination for the limited purpose permitted thereunder; or
(2) as to all other types of Disputes subject to arbitration under the expedited procedures set forth hereinthis Section 17.2 (Expedited Arbitration), either that Walmart’s Position or Symbotic’s Position is correct: i.e., the arbitrator shall determine whether not be authorized to issue a determination which differs from both Parties’ Positions and the discipline was for just cause. In any grievance arbitrated under arbitrator may only select the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing Position of one of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary actionParties. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from may not modify or modify vary in any way the provisions of this Agreement.
(10f) Any arbitrator appointed hereunder shall neither be, nor have been, employed or engaged by Walmart, Symbotic or any Affiliate of Walmart or Symbotic, and, in all other respects, shall be independent.
(g) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation administrative fees and expenses of any arbitration shall be equally shared by the arbitrator Parties, but the reasonable attorneys’ fees, experts’ fees and the general expenses related costs of the arbitration successful Party shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesunsuccessful Party.
(11h) The time limit for requesting arbitration Disputes under this provision Section 17.2 (Expedited Arbitration) shall be resolved by arbitration in accord with the same as in existing proceduresrules and procedures referenced and set forth herein without regard to the state’s conflicts of law principles.
Appears in 1 contract
Samples: Master Automation Agreement (SVF Investment Corp. 3)
Expedited Arbitration. (a) In lieu For the purpose of accelerating the procedures specified in Paragraphs 1 (General) through 4 (Conduct resolution of Hearing applicable grievances, without compromising natural justice or due process, the Company 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 Union hereby agree to arbitration under implement the expedited arbitration procedure hereinafter provided within fifteen set forth below:
(15a) calendar days after By mutual agreement, 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 Parties may refer any matter properly submitted in accordance with the filing provisions of the request for grievance procedure to expedited 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 Except as possible after this Agreement becomes final and bindingotherwise provided, a panel of at least three (3the expedited arbitration hearing(s) arbitrators shall be selected by held within thirty (30) calendar days of the partiesdate of appointment of a single arbitrator. Each The Parties will agree to a single arbitrator shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from in a timely fashion. If agreement cannot be reached, either party may apply to the other. The arbitrator shall be notified Minister of his or her termination by a joint letter from Labour for British Columbia to appoint 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 Parties may agree to extend the time limits as follows:
(1) The parties shall notify the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases necessary, subject to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datemutual consent.
(2d) The parties may submit Parties may, by mutual agreement, refer a group of grievances, related or unrelated, to the arbitrator prior to the hearing be heard hereunder by a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the single arbitrator.
(4e) Within five (5) working days after the hearing, each party may submit Grievances shall be presented during expedited arbitration by a brief written summary designated representative of the issues raised at Union and a designated representative of the hearing and arguments supporting its positionCompany, who shall not be external representatives such as lawyers. The arbitrator A Union Business Representative shall give his or her settlement within five (5) working days after receiving be considered a legitimate advocate for the briefspurpose of expedited arbitration. He or she shall provide If the Employer has no designated representatives in their employ, the parties a brief written statement of the reasons supporting his or her settlementagree they may utilize external representatives.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10f) The decision of the expedited arbitrator will settle shall be:
(i) rendered in writing within thirty (30) calendar days following the grievancedate of conclusion of the applicable hearing(s), unless an extension is otherwise agreed to by the Company and the Union. The arbitrator shall endeavour to make a written award which is as brief as possible;
(ii) consistent with the terms of the Agreement;
(iii) confined to the grievance(s) referred to them;
(iv) final and binding upon the Company and the Union agree and upon any employee in the bargaining unit affected by it; and
(v) of no precedential value and shall not be referred to abide by either Party in any other proceeding.
(g) During the course of expedited arbitration, with mutual consent, the Parties may empower the arbitrator to mediate between them by making such decision. suggestions and doing such things as they deem right and proper to encourage settlement of the grievance.
(h) The compensation Company and the Union shall equally share the cost of the fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. Section 43.1. In any case where this Lease expressly provides for, or gives the option for, the settlement of a dispute or question by expedited arbitration pursuant to this Article 43, and only in such cases (aand not in any case where other specific dispute resolution procedures are expressly provided for in this Lease, such as the dispute resolution procedures with respect to Fair Market Rent pursuant to Article 42), the party desiring arbitration shall have the right to submit any such dispute to binding arbitration in the City of New York, New York, under the Expedited Procedures provisions (Rules E-1 through E-10 in the edition in effect on the date of this Lease, as the same may be modified or supplemented from time to time) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct Commercial Arbitration Rules 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 arbitrationAAA.
Section 43.2. In all other grievances involving disciplinary action which are specifically subject cases where such arbitration is used: (i) the parties will have no right 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 object if the filing of arbitrator so appointed was on 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 list submitted by the parties. Each arbitrator shall serve until AAA and was not objected to in accordance with Rule E-5; provided, however, that 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 person having not available for a hearing within less than ten (10) working days after receiving an assignment, years of experience in 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 writing subject matter of the hearing date.
dispute in first-class office buildings located in Manhattan; (2ii) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The first hearing shall be informal without formal rules held within 7 Business Days after the appointment of evidence the arbitrator; and without a transcript. However, (iii) any finding or determination of the arbitrator shall be satisfied himself or herself deemed final and binding (except that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested bound by the Union in which the Company concurs provisions of this Lease, and shall not be included in such additional time.
(8) In case of suspension, have the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority power to add to, subtract from from, modify or modify change any of the provisions of this Agreement.
(10) Lease). The decision of the arbitrator will settle shall be conclusively binding on the grievanceparties. Landlord and Tenant agree to sign all documents and to do all other things necessary to submit any such matter to arbitration and further agree to, and the Company hereby do, waive any and the Union agree all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. Landlord and Tenant each: (x) consent to the entry of judgment in any court upon any award or decision rendered in any arbitration held pursuant to this Article 43 or otherwise pursuant to this Lease; and (y) acknowledge that any award or decision rendered in any arbitration held pursuant to this Article 43 or otherwise pursuant to this Lease, whether or not such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration award or decision has been entered for judgment, shall be borne by the Company final and the Union in equal parts. Each party shall bear the expense of its representatives binding upon Landlord and witnessesTenant.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleb), any grievance involving the suspension of an any 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 arbitrationarbitration by the Union. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Section 27.01, Paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) of this ArticleAgreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitrationarbitration by the Union, elect to use the expedited arbitration procedure Expedited Arbitration Procedure hereinafter provided. .
b) The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If irrevocable if no such election is made within the foregoing specified time period, the arbitration procedure in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) shall be followed.
(bc) As soon as possible after this Agreement becomes final and binding, a panel of at least three ten (310) arbitrators umpires shall be selected by the partiesJoint Advisory Committee. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. .
d) The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the partiesJoint Advisory Committee. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days workingdays after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(ce) The procedure for expedited arbitration shall be as follows:
(1) . The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands demand in a suspension cases case to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) . The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) . The hearing shall be informal informal, without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied satisfy himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) . Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) . The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureparties.
(6) . The time limits in section (c) (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's umpires request, ; in either case, case only in emergency situations. Such , such extensions shall not circumvent the purpose of this expedited procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this section, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate8. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) 9. The decision of the arbitrator umpire will settle the grievance, grievance and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) 10. The time limit for requesting arbitration under this provision section shall be the same as set forth in existing proceduresSection 27.01, paragraph (b). Section 28.01 Joint Advisory Committee A Joint Advisory Committee will be created consisting of three Union representatives and three Management Representatives from the Company. The Local Union will appoint their representative and the vice president of operations or his/her designee will appoint the Company representative. It shall be the function of the Joint Advisory Committee to study and make recommendations to the parties hereto with respect to such matters as may be presented to the Joint Advisory Committee relating to this Agreement or to any of the Company’s plans or practices affecting the health, safety and training of the employees. In addition, as may be required, matters regarding technological change in the business of the Company, will be reviewed by the Joint Advisory Committee as provided. The Joint Advisory Committee will meet once a quarter every calendar year, in person when possible, otherwise by teleconference.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration.
(a) In lieu All grievances shall be considered as suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 agreement;
(General3) through 4 (Conduct grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement, a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators The Arbitrator shall be selected in accordance with the procedure outlined in Section (j) below. The arbitration procedure shall be in accordance with the following: • All presentations shall be short and concise. • A comprehensive opening statement shall be made by the both 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 • There will be passed to limited use of authorities. • Where possible the next arbitratorparties will develop an agreed statement of facts. If no one can hear the case within ten (10) working days, the case • All documents will be assigned jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The parties may mutually agree to have the arbitrator who can hear Arbitrator mediate the case on the earliest dateissues. • All presentations will be informal, and lawyers not to be used, including staff lawyers.
(c) By January 15th of each year, the parties will reserve a period of one (1) working day (or more if required) tri-annually February, June and October, for hearings to address all outstanding grievances. Representatives of the parties will meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be heard.
(d) The procedure Arbitrator shall hear the grievances and shall render a binding 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:without prejudice.
(g) A grievance determined by either party to fall within one (1) of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to the hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The time limit for requesting arbitration under this provision parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within the times specified in (c) above, an individual from the following list will be the same as in existing procedures.appointed: Xxxx Xxxxxxxx Xxxxxx Xxxx Xxxxx Xxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the arbitration procedure. All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of: dismissals; rejection on probation; suspensions in excess of 10 workdays; grievance requiring substantial interpretation of a provision of the collective agreement; grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise); grievances requiring presentation of extrinsic evidence; grievance where a party intends to raise a preliminary objection; matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and grievance arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration. Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply:
(a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing All presentations are to be short 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 concise 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 include 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 providedcomprehensive opening statement. The election shall be in writing and, when signed by authorized representatives parties agree to make limited use 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 followedauthorities during their presentation.
(b) As soon as possible after this Agreement becomes final and binding, a panel The location 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 in Kelowna or other mutually agreed 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 datelocation.
(c) The procedure Arbitrator shall hear the grievances and shall render a decision within two 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.
(d) All decisions of the Arbitrator are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(e) All settlements of expedited arbitration cases prior to hearing shall be as follows:without prejudice.
(1f) The parties shall notify equally share 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 writing costs of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesArbitrator.
(11g) The time limit for requesting expedited arbitrator, who shall act as the sole arbitrator, shall be: Xxxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxx Ready Xxxxx Xxxxxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxx It is agreed that arbitration decisions made under this provision shall will not be the same as in existing proceduresappealed.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu The parties shall meet every three (3) months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of the procedures specified in Paragraphs 1 (General) through 4 (Conduct groups 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 grievances considered suitable for 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 All grievances shall be considered suitable for and binding, resolved by expedited arbitration except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a panel provision of at least three the Agreement;
(3) arbitrators shall grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be selected by placed into 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 dateexpedited arbitration process.
(c) The procedure parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances. The arbitrators shall be selected from the following list. ➢ Xxx Xxxxxxxx ➢ Xxx Xxxxx ➢ Xxxx Xxxxxx ➢ Xxxxx Ready The Arbitrator shall be selected on a rotational basis in the above order, provided he is available to convene a hearing within thirty (30) days. Should none of the Arbitrators be available within the thirty (30) day period, then the parties may by mutual agreement select an alternative arbitrator.
(d) The Arbitrator shall hear the grievances 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:"without prejudice".
(1g) A grievance determined by either party to fall within one of the categories listed in (b) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 9.2
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (g) above such that a cancellation fee is charged by the arbitration arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) Section 1. In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 14 of this ArticleAgreement, 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) Article 14 of this ArticleAgreement, 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) Article 14 shall be followed.
(b) Section 2. As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators umpires shall be selected by the parties. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(c) Section 3. The procedure for expedited arbitration shall be as follows:
(1) A. The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) B. The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) C. The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) D. Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) E. The arbitrator's umpire’s settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6) F. The time limits in (1A) and (4D) of this Section may be extended by agreement of the parties or at the arbitrator's umpire’s request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. G. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) H. The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) I. The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) J. The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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.. Article 10
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(109) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(1110) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of Whenever this ArticleLease calls for expedited arbitration, 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 such arbitration shall be submitted to conducted under this Section 26.21. An arbitration under the expedited arbitration procedure hereinafter provided within fifteen this Section 26.21 (15“Expedited Arbitration”) 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 conducted by one neutral Arbitrator (who shall be retired judge experienced in writing and, when signed resolving commercial real property disputes in Massachusetts and who shall be independent and unaffiliated with either party) mutually agreed upon 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, or if they cannot agree on a panel of at least three (3) arbitrators shall be selected by the parties. Each single 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working business days after receiving the briefs. He or she this Section 26.21 is invoked, then by JAMS, which shall provide the parties select such single arbitrator from a brief written statement list of the reasons supporting his or her settlement.
no more than five (5) The arbitrator's settlement shall apply only names submitted by each party to the instant grievance Expedited Arbitration. The Arbitrator so selected shall then hold a hearing within five (5) business days after notification to him of his selection, at which each party may present its position on the issue in question, with any written documents and testimony of witnesses that such party believes is necessary to support its position; provided, however, no party shall be settled therebypermitted to present more than eight (8) hours of witness testimony and argument to the Arbitrator, unless both parties agree otherwise. It There shall not constitute be no discovery procedures allowed in connection with such Expedited Arbitration, and no party shall have any contact with the Arbitrator except at the hearing. The Arbitrator shall render his decision on the issue by a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between written notice to the parties unless involved within five (5) business days after concluding the settlement or modification thereof is adopted hearing (which may be adjourned by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits Arbitrator in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situationshis reasonable discretion). Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle Arbitrator shall be final and binding on and non-appealable by the grievanceparties for the purposes of this Agreement and may be enforced by a court of competent jurisdiction. Except as provided otherwise herein, such Expedited Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of JAMS or the American Arbitration Association. If JAMS shall cease to exist and/or shall decline to serve under this Agreement as to any matter under dispute that has been submitted to Expedited Arbitration, then the parties shall mutually select an alternative qualified arbitrator, and in the Company absence of an agreement with respect thereto within five (5) business days, either party shall have the right, upon written notice to the other party, to apply to the President of the Boston Bar Association for the selection of an independent, unaffiliated and qualified arbitrator. If awarded by the Union agree Arbitrator, the prevailing party in any decision of the Arbitrator under this Section 26.21 shall be reimbursed its reasonable costs and expenses in participating in such proceeding by the other parties thereto, including all fees charged by the Arbitrator. Neither party shall have previously employed or shall have had a prior contractual relationship with any Arbitrator that is chosen pursuant to abide by such decisionthis Section 26.21. The compensation provisions of this Section 26.21 shall only be applicable to matters or events expressly provided for in this Lease to be resolved by expedited arbitration and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesnot otherwise.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Lease Agreement (A123 Systems, Inc.)
Expedited Arbitration. (a) In lieu If no settlement is reached in Step Three of the procedures specified Grievance Procedure, the Chairman of the Local Union Grievance Committee may appeal it to Expedited Arbitration Procedure (Appendix D) by notifying the Plant Manager within seven (7) days of receipt of written answers from the Company representatives. If the Company and Union plant representatives agree that the issue should be handled in Paragraphs 1 (General) through 4 (Conduct Expedited Arbitration, it should proceed as follows: The list of Hearing and Decision members 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 arbitration panel applicable to the subject of an administrative charge or court action plant shall be submitted maintained alphabetically to arbitration under be used by fixed rotation. The next panel member shall be contacted and requested to serve on the expedited arbitration procedure hereinafter provided case or cases designated for Expedited Arbitration at a time and place agreed upon by the Company and the Union. The date for the hearing shall be within fifteen ten (1510) 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 appeal unless an extension of time is mutually agreed by the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of Company and 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 followedUnion.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators Grievances shall be selected presented in the Expedited Arbitration Procedure by a designated representative of the partiesLocal Union and designated representative of Management. Each arbitrator shall serve until Witnesses’ attendance at the termination of this Agreement unless hearing will be limited to the time necessary to give 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 datetestimony.
(c) The procedure for expedited arbitration hearing shall be as followsconducted in accordance with the following:
(1) . The parties hearing shall notify the arbitrator in writing on the day of agreement be informal.
2. No briefs shall be filed or date of arbitration demands in suspension cases to settle a grievance by expedited arbitrationtranscripts made.
3. There shall be no formal evidence rules.
4. The arbitrator shall notify have the parties in writing obligation of assuring that all necessary facts and considerations are brought before him by the representatives of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of parties. In all facts not in dispute.
(3) The hearing respects, he shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after . If the hearing, each party may submit a brief written summary of the issues raised arbitrator concludes or both parties agree at the hearing that the issue should be withdrawn from Expedited Arbitration, the case shall be referred back to the Third Stage of the grievance procedure and arguments supporting its positionit shall be processed as though appealed on such date. The arbitrator Expedited Arbitrator shall give his or her settlement within five (5) working days after receiving have the briefssame powers and be subject to the same limitations as the Board of Arbitration save and except as expressly provided in the following paragraphs.
6. He or she shall provide the parties a brief written statement The decision of the reasons supporting his or her settlement.
(5) The arbitrator's settlement Expedited Arbitrator shall apply only be applicable to the instant grievance which shall be settled thereby. It cases in question and shall not constitute a precedent for other cases or grievances and may not nor be cited or used by either party as a precedent in other arbitration matters between future cases. Notwithstanding any condition contained in this Agreement, the parties unless the settlement or modification thereof is adopted by the written concurrence decision of the representatives Expedited Arbitrator shall:
i) Be consistent with the provisions of each party at the last step of this Agreement, and ii) Be confined to the grievance procedurereferred to him.
(6) The time 7. Time limits referred to in (1) this Supplemental Agreement exclude Saturdays, Sundays and (4) of this Section holidays and may be extended by mutual agreement of the parties or at involved in each particular phase of the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. In cases involving any alleged violation of any provision of Article 10 (a“Respectful Workplace”) In lieu or Article 16 ("Discipline and Discharge"), in the event of a failure to settle the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articledispute under Steps One or Two or, any grievance involving if applicable, Step Three above, the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, aggrieved party may elect to proceed to Expedited Arbitration by delivering or work stoppage (strike) activity and those which mailing to the other party a written demand for Expedited Arbitration. Cases that are also the subject of an administrative charge or court action submitted to Expedited Arbitration 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 heard within ten (10) working business days after receiving an assignment, the case will be passed to party served receives the next arbitratordemand for Expedited Arbitration if the selected Arbitrator is available. If no one can the Arbitrator is not available, he may hear the case within ten (10) working days, as soon as mutually agreed by the case will be assigned to parties. The method of selection of the arbitrator who can hear the case on the earliest date.
(c) The procedure for expedited arbitration Arbitrator 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 arbitrationprescribed under Paragraph A., Regular Arbitration, above. The arbitrator shall notify parties, who may be represented by outside counsel, will not file post-hearing briefs nor will a stenographic record be made, but the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator may, prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after during the hearing, each party may submit present a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) facts. The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator Arbitrator shall have authority to mitigate rule on all motions and decide the case. The writing of an opinion will be at the discretion of the Arbitrator. The decision of the Arbitrator, which shall be issued orally at the conclusion of the hearing and confirmed in writing to both parties within three (3) days, or which shall be issued in writing within three (3) days from the conclusion of the hearing (the choice being at the sole discretion of the Arbitrator), shall be final and binding upon the parties and any employees concerned. The Arbitrator shall have the power to determine only the specific grievance or dispute and, where applicable, award wage payments, adjustments and/or damages consistent with this Agreement. The Arbitrator shall not have power to amend, modify or effect a change in any of the discipline imposed provisions of this Agreement. The Arbitrator shall not have power to determine jurisdictional disputes between the Local Union and determine whatany other labor organization. The decision of the Arbitrator shall be non-precedential and the Arbitrator’s decision and/or opinion, if any, remedy is appropriate. If the arbitrator awards back payshall not be offered or admitted into evidence in any proceeding other than 1) a judicial act seeking confirmation, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from correction or modify any provisions vacation of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision, or 2) a grievance or arbitration proceeding involving the Producer and Local Union. The compensation Fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne equally by the Company and parties to the Union in equal partsdispute. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision wages shall be deemed to be waived. Any grievance for the same as payment of Dismissal Pay not presented under Step Two within one hundred and twenty (120) calendar days after the date the employee is eligible under Article 14 for such Dismissal Pay shall be deemed to be waived. Any grievance arising from an alleged breach of any provision of Article 16 ("DISCIPLINE AND DISCHARGE") hereof not presented under Step One within ten (10) business days after the occurrence of the subject matter of the grievance shall be deemed to be waived. Any other grievance not presented under Step Two within sixty (60) calendar days after the occurrence of the subject matter of the grievance shall be deemed to be waived The powers hereby granted to the Arbitrator are be deemed to include, among the other powers specifically granted by the terms hereof, such other and additional powers granted to an Arbitrator pursuant to the provision of Sections 1280 to 1292, inclusive, of the Code of Civil Procedures of the State of California; the parties hereto hereby agree that the Superior Court of the State of California in existing proceduresand for the County of Los Angeles, may, upon notice to both parties hereto, specifically enforce any decision or award made by said Arbitrator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of the procedures specified in Paragraphs 1 (General) through 4 (Conduct groups 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 grievances considered suitable for 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 All grievances shall be considered suitable for and binding, a panel of at least three resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) arbitrators shall be selected by suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the parties. Each arbitrator shall serve until Main or a component agreement;
(6) grievances relating to Article 14 ‐ Hours of Work of the termination Main Agreement;
(7) grievances requiring presentation of this Agreement unless his or her services are terminated earlier by written notice from either extrinsic evidence;
(8) grievances where a party intends to the other. The arbitrator shall be notified of his or her termination by raise 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 preliminary objection;
(9) demotions; or
(10) working days after receiving an assignmentgrievances that are related to a matter already filed at formal arbitration. By mutual agreement, a grievance falling into any of these categories may be placed into 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 dateexpedited arbitration process.
(c) The procedure for expedited arbitration parties shall mutually agree upon single arbitrators who shall be as follows:appointed to hear and resolve groups of grievances.
(1d) The parties Arbitrator shall notify hear the arbitrator in writing on grievances and shall render a decision within two working days of such hearings. No written reasons for the day decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of agreement or date of arbitration demands in suspension cases no precedential value and shall not thereafter be referred to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (b) above, may be removed from the expedited arbitration process and forwarded to a regular arbitration hearing pursuant to Clause 9.2, provided this occurs more than four weeks prior to the scheduled hearing date.
(2h) The parties may submit will utilize case conference to mutually agree on the arbitrator grievances set down for expedited arbitration, but all files must be set no later than four weeks prior to the expedited hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcriptdate. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide Once the parties mutually agree to set a brief written statement of the reasons supporting his grievance down for expedited arbitration at or her settlement.
(5) The arbitrator's settlement shall apply only after case conference, it cannot unilaterally be forwarded to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other regular arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by without mutual agreement of the parties or at the an order of an arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7i) In all suspension or dismissal grievances submitted to arbitration under The parties shall equally share the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing cost of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing rooms.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Public Service Agreement
Expedited Arbitration. (a) In lieu of the procedures specified elsewhere in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 8 of this ArticleAgreement, any disciplinary grievance involving the suspension of an individual employeeemployee can, except those which also involve an issue with mutual agreement of arbitrability, contract interpretationthe parties hereto, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall employee if not represented by the Union, be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar 14 days after the filing of a request for arbitrationdisciplinary grievance. 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) Article 8 of this ArticleAgreement, both parties the Union may, within fifteen (15) calendar 14 days after the filing of the request a demand for arbitrationarbitration under Article 8.2(e), elect propose to use the expedited arbitration procedure hereinafter provided. The election Either party may propose use of this procedure, but it shall be in writing and, when signed and must be agreed to by authorized representatives of both 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) Article 8 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 by mutual agreement the parties terminate his/her services are terminated earlier by written notice from either party to the otherearlier. The arbitrator shall be notified of his or her termination by a joint letter from the parties. The arbitrator shall conclude his or his/her service by settling services upon conclusion of any grievance previously heardoutstanding arbitrations. A successor arbitrator shall be selected by the parties. Arbitrators shall be assigned cases in rotating order designated by the partiesas described below. 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:
(1a) The panel of arbitrators shall be assigned a number in rotation.
(b) The parties shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as arbitrator.
(c) The five members shall be randomly assigned a number (remixed) after each rotation is complete.
(d) The parties shall notify the arbitrator in writing on the day of agreement or date of the arbitration demands demand in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedate which must be within 30 days.
(2e) The parties may must submit to the arbitrator five days prior to the hearing a written stipulation of all facts not in dispute.
(3f) The hearing parties shall be informal without formal rules present an oral closing argument of evidence and without a transcriptthe case. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair onealternatively, and that all facts necessary to a fair settlement by mutual agreement only, and reasonably obtainable are brought before the arbitrator.
(4) Within within five (5) working days after the hearing, hearing each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement award within five (5) working days after the hearing, or when applicable after receiving the briefs. He or He/she shall provide the parties a brief written statement of the reasons supporting his or his/her settlementaward.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6g) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10h) The decision of the arbitrator will settle the grievance, be final and the Company and the Union agree to abide by such decisionbinding. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company Employer and the Union in equal parts. Each party parts except in cases where the employee is not represented by the Union, in which cases the costs shall bear be borne by the expense of its representatives employee and witnessesthe Employer, as per Article 8.2(j).
(11i) The time limit for requesting power, authority and restrictions applicable to a disciplinary arbitrator under Article 8 shall apply under the expedited arbitration under procedure. *Unless otherwise specified days as used in this provision Article shall be the same as in existing proceduresmean calendar days.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Notwithstanding any other provision 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 periodAgreement, the arbitration procedure following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances, including certain grievances concerning discipline as provided for 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 Section: A panel of at least three (3) arbitrators shall be selected mutually agreed upon by the parties. Each arbitrator shall serve until When the termination panel is ready to function, the local parties will be informed so that the procedure may be utilized. A number sufficient to ensure the intended operation of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The arbitrator procedure shall be notified of his or her termination by a joint letter from the partiesselected. 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence Their expenses and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration fees shall be borne equally by the Company and the Union Local Union. The Expedited Arbitration Procedure shall be implemented in equal partslight of the circumstances existing at the plant, with due regard to the following:
A(1) Upon receipt of the signed Step 3 minutes, the Step 3 representatives may agree, in writing, to appeal the grievance to an arbitrator under this Expedited Arbitration Procedure. Each party However, such appeal shall bear first be submitted to the expense Fourth Step representative of its each party. If within 5 days of receipt of the appeal, either parties Forth Step representative disapproves, the appeal shall not be submitted to this expedited arbitration and the Step 3 representatives and witnessesshall be so notified. Time requirements for regular appeal to Step 4 shall then commence.
(11A(2) The time limit appeal shall be made within 10 calendar days of receipt of the finished step 3 minutes.
A(3) All grievances appealed to Step 4 of the grievance procedure shall be reviewed by each respective Fourth Step Representative and within 10 days after receipt of appeal of such grievance, either Fourth Step Representative may communicate with the other and then jointly determine whether such grievance warrants disposition in the Fourth Step, or is appropriate for requesting arbitration Expedited Arbitration. They may, therefore, agree to refer such grievance back to the Third Step parties for review and disposition. Any grievance referred back to the Third Step parties and for which no agreement can be reached for disposing of the same, may then be appealed by the Secretary of the Grievance Committee to the Expedited Arbitration Procedure. Such appeal shall be made within 15 days (excluding Saturdays, Sundays and Holidays) after the date the grievance is referred back to Step 3. If the grievance is not appealed to the Expedited Arbitration Procedure, it shall be considered withdrawn.
A(4) As soon as it is determined that a grievance is to be processed under this provision procedure, the designated arbitrator shall be notified. The designated arbitrator is that member of the same as panel who, pursuant to a rotation system is scheduled for the next arbitration hearing. Immediately upon such notification, the designated arbitrator shall arrange a place and date for the hearing to take place not more than 10 days thereafter. If the designated arbitrator is not available to conduct a hearing within the 10 days, the next panel members in existing proceduresrotation shall be notified until an available arbitrator is obtained.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Oregon Steel Mills Inc)
Expedited Arbitration. (a) Any grievance may be referred to the following procedure, provided that the parties agree in writing to do so. In lieu of this case, 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 subject to arbitration under the procedure provided for in this article.
b) The expedited arbitration procedure hereinafter provided within fifteen is an informal and expeditious mechanism designed to facilitate a more rapid settlement of grievances related to the application of the Collective Agreement.
c) A list of eight (15) calendar days after 8) arbitrators suitable to act in this procedure shall be determined by the filing parties each time the Collective Agreement is renewed. Their selection and assignment to cases shall be done on a rotating basis upon the referral of a request for grievance to 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 This selection shall be made on the filing basis 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself criterion that the evidence submitted is arbitrators must be capable of a type on which he or she can rely, that hearing the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement dispute within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months of its referral to arbitration.
d) Grievances shall be referred to arbitration in the same manner and within the same timeframes as stipulated in the procedure in Article 10.04.
e) For the purposes of the hearing, the parties shall not be represented by their attorney. Only one person representing the Employer and one CAW national representative shall be able to act in this capacity.
f) The arbitrator shall proceed with all dispatch with the inquiry into the grievance and in accordance with such procedure and mode of proof as he deems appropriate. The hearing shall not last more than one day. If either party anticipates that more than one day will be required for the hearing, the corresponding number of days shall be reserved when appointing the arbitrator, failing which, if the time limit is exceeded, the parties will only be able to make their submissions in writing. The parties shall be restricted to one right of reply each, where applicable. The reply process must be completed within forty-five (plus 45) days of the end of the hearing.
g) Preliminary objections shall be ruled upon immediately or taken under advisement, provided that this does not affect the hearing on the merits of the grievance. The arbitrator shall dispose of any time objections in the same decision as that on the processing merits of the grievance, unless they can be dealt with immediately.
h) The parties may be accompanied by witnesses or expert witnesses whose names shall be announced in advance to the other party.
i) To this end, the parties shall meet at least one month prior to the arbitration hearing to exchange copies of all documents, reports, video proof, photographs, etc. they intend to use during the arbitration, including precedents and authorities. At this point, the parties shall attempt to reach a final resolution of the grievance or arbitration was delayed at in question.
j) During this meeting, the specific request parties shall establish and attempt to agree on the facts of each grievance and shall submit these facts to the arbitrator in their statements.
k) If, for any reason, the parties have not held the meeting provided for in paragraphs i) and j) two (2) weeks prior to the hearing, either party shall inform the arbitrator that a pre-hearing conference must be held before the start of the Companygrievance hearing.
l) after This pre-hearing conference shall be held as soon as possible before the date hearing and shall have the same objectives as the meeting provided for in paragraph i). However, as a consequence of the disciplinary actionuse of the pre-hearing conference, the parties must immediately submit the evidence, arguments and authorities relevant to their case. Delays requested by In this way, the Union arbitrator must be able to identify the matters in which dispute and determine the Company concurs shall not be included in such additional timepositions of the parties.
(8) In case of suspensionm) Following this exercise, the arbitrator shall have authority to mitigate or modify draft a written summary of the discipline imposed and determine whatconference, if any, remedy is appropriate. If specifying the arbitrator awards back paymatter in dispute, the employee legal questions raised, the admissions of facts, preliminary objections, the parties’ arguments and a summary of the authorities submitted. The hearing shall receive pay for time lost at thus be limited to hearing the employee's Adjusted Rate plus any tour differentials witnesses and clarifying or replying to which the employee would have been entitled if not suspendedarguments.
(9n) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreementgive the reasons for his decision within thirty (30) days following the hearing.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu All grievances shall be considered suitable for and resolved by expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 Agreement;
(General3) through 4 (Conduct grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement, a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators The arbitration procedure shall be selected by in accordance with 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 following: • All presentations shall be notified of his or her termination by a joint letter from the partiesshort and concise. The arbitrator shall conclude his or her service by settling any grievance previously heard. • A successor arbitrator comprehensive opening statement shall be selected made by the partiesboth 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 • There will be passed to limited use of authorities. • Where possible the next arbitratorParties will develop an agreed statement of facts. If no one can hear the case within ten (10) working days, the case • All documents will be assigned jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The Parties may mutually agree to have the arbitrator who can hear mediate the case on the earliest dateissues. • All presentations will be informal, and lawyers will not be used, including staff lawyers.
(c) The procedure By January 15th of each year, the Parties will reserve a period of two (2) working days (or more if required) biannually March and September, for expedited arbitration shall hearings to address all outstanding grievances. Representatives of the Parties will meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be as follows:heard.
(1d) 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 hear the parties in writing grievances and shall render a binding decision within two (2) working days of such hearings. No written reasons for the hearing datedecision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(2e) The parties Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either Party to fall within one of the categories listed in (a) above may submit to be removed from the arbitrator expedited arbitration process at any time prior to the hearing and forwarded to a written stipulation of all facts not in disputeregular arbitration hearing pursuant to Clause 9.2.
(3h) The hearing Parties shall be informal without formal rules of evidence and without a transcript. However, equally share the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary cost of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and hearing rooms. In the general expenses of event that either Party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration arbitrator or by the facility in which the hearing is booked, the Party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The time limit for requesting arbitration under this provision Parties agree that the hearings will be conducted locally.
(j) The Parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation division to act in the capacity of an arbitrator, within the times specified in (c) above, an individual from the following list will be the same as in existing procedures.appointed: ➢ Xxxxxx Xxxxxxx ➢ Xxx Xxxxx ➢ Xxxxxxxxxx Xxxxxxx ➢ Xxxx Xxxxxx ➢ Xxxxx Xxxxx ➢ Xxxx XxXxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleb), any grievance involving the suspension of an any 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 arbitrationarbitration by the Union. In all Inall other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Section 27.01, Paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) of this ArticleAgreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitrationarbitration by the Union, elect to use the expedited arbitration procedure hereinafter Expedited Arbitration Procedurehereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If irrevocable if no such election is made within the foregoing specified time period, the arbitration procedure in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) shall be followed.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three ten (310) arbitrators umpires shall be selected by the partiesJoint Advisory Committee. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the partiesJoint Advisory Committee. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days workingdays after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire 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 umpire in writing on the day of agreement or date of arbitration demands demand in a suspension cases case to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal informal, without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied satisfy himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair afair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled besettled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureparties.
(6) The time limits in section (c) (1) and (4) of this Section may be extended by agreement of the parties or partiesor at the arbitrator's umpire’s request, ; in either case, case only in emergency situations. Such , such extensions shall not circumvent the purpose of this expedited procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this section, the Company shall under shallunder no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(109) The decision of the arbitrator umpire will settle the grievance, grievance and the Company and the Union theUnion agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general thegeneral expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(1110) The time limit for requesting arbitration under this provision section shall be the same as set forth in existing proceduresSection 27.01, paragraph (b).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu For the purpose of accelerating the procedures specified in Paragraphs 1 (General) through 4 (Conduct resolution of Hearing applicable grievances, without compromising natural justice or due process, the Company 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 Union hereby agree to arbitration under implement the expedited arbitration procedure hereinafter provided within fifteen set forth below:
(15a) calendar days after By mutual agreement, 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 Parties may refer any matter properly submitted in accordance with the filing provisions of the request for grievance procedure to expedited 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 Except as possible after this Agreement becomes final and bindingotherwise provided, a panel of at least three (3the expedited arbitration hearing(s) arbitrators shall be selected by held within thirty (30) calendar days of the parties. Each arbitrator date of appointment of a single arbitrator, whom the Parties shall serve until jointly select from among 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 following five 5 agreed upon arbitrators:
(10i) working days after receiving an assignmentXxxxxx, the case will be passed to the next arbitrator. If no one can hear the case within ten Xxxxx
(10ii) working daysReady, the case will be assigned to the arbitrator who can hear the case on the earliest date.Xxxxxxx X.
(iii) Xxxxxxxx, Xxxx
(iv) Xxxxx, Xxxxxxxx
(v) Xxxxxx, Xxxx
(c) The procedure for expedited arbitration shall be Where no above-mentioned arbitrator is available within the required thirty (30) calendar days, the Parties may agree upon an alternate arbitrator who is thus available or otherwise extend the time limits as follows:
(1) The parties shall notify the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases necessary, subject to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datemutual consent.
(2d) The parties may submit Parties may, by mutual agreement, refer a group of grievances, related or unrelated, to the arbitrator prior to the hearing be heard hereunder by a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the single arbitrator.
(4e) Within five (5) working days after the hearing, each party may submit Grievances shall be presented during expedited arbitration by a brief written summary designated representative of the issues raised at the hearing Union and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement designated representative of the reasons supporting his or her settlementCompany, who shall not be external representatives such as lawyers. A Union Business Representative shall be considered a legitimate advocate for the purpose of expedited arbitration.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10f) The decision of the expedited arbitrator will settle shall be:
(i) rendered in writing within thirty (30) calendar days following the grievancedate of conclusion of the applicable hearing(s), unless an extension is otherwise agreed to by the Company and the Union. The arbitrator shall endeavour to make a written award which is as brief as possible;
(ii) consistent with the terms of the Agreement;
(iii) confined to the grievance(s) referred to him;
(iv) final and binding upon the Company and the Union agree and upon any employee in the bargaining unit affected by it; and
(v) of no precedential value and shall not be referred to abide by either Party in any other proceeding.
(g) During the course of expedited arbitration, with mutual consent, the Parties may empower the arbitrator to mediate between them by making such decision. suggestions and doing such things as he deems right and proper to encourage settlement of the grievance.
(h) The compensation Company and the Union shall equally share the cost of the fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of the procedures specified in Paragraphs 1 (General) through 4 (Conduct groups 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 grievances considered suitable for 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 All grievances shall be considered suitable for and binding, a panel of at least three resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) arbitrators shall be selected by suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the parties. Each arbitrator shall serve until Main or a component agreement;
(6) grievances relating to Article 14 - Hours of Work of the termination Main Agreement;
(7) grievances requiring presentation of this Agreement unless his or her services are terminated earlier by written notice from either extrinsic evidence;
(8) grievances where a party intends to the other. The arbitrator shall be notified of his or her termination by raise 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 preliminary objection;
(9) demotions; or
(10) working days after receiving an assignmentgrievances that are related to a matter already filed at formal arbitration. By mutual agreement, a grievance falling into any of these categories may be placed into 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 dateexpedited arbitration process.
(c) The procedure for expedited arbitration parties shall mutually agree upon single arbitrators who shall be as follows:appointed to hear and resolve groups of grievances.
(1d) The parties Arbitrator shall notify hear the arbitrator in writing on grievances and shall render a decision within two working days of such hearings. No written reasons for the day decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of agreement or date of arbitration demands in suspension cases no precedential value and shall not thereafter be referred to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (b) above, may be removed from the expedited arbitration process and forwarded to a regular arbitration hearing pursuant to Clause 9.2, provided this occurs more than four weeks prior to the scheduled hearing date.
(2h) The parties may submit will utilize case conference to mutually agree on the arbitrator grievances set down for expedited arbitration, but all files must be set no later than four weeks prior to the expedited hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcriptdate. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide Once the parties mutually agree to set a brief written statement of the reasons supporting his grievance down for expedited arbitration at or her settlement.
(5) The arbitrator's settlement shall apply only after case conference, it cannot unilaterally be forwarded to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other regular arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by without mutual agreement of the parties or at the an order of an arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7i) In all suspension or dismissal grievances submitted to arbitration under The parties shall equally share the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing cost of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing rooms.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Public Service Agreement
Expedited Arbitration. “Any individual not on the Industry Experience Roster who has been deemed ineligible to work as a result of a Positive Test Result or any individual who has been removed from the Industry Experience Roster as a result of a Positive Test Result may initiate the following exclusive procedure to review such ineligibility for employment or removal:
(ai) In lieu A protest shall be submitted in writing to CSATF within fourteen (14) calendar days of the procedures specified notice to the Union and the individual of the individual’s removal from the Industry Experience Roster or, in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, any grievance involving the suspension case of an individual employeenot on the Industry Experience Roster, except those which also involve an issue within fourteen (14) days of arbitrability, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action becoming ineligible for employment. “A protest shall be submitted to arbitration under the heard by a sole neutral arbitrator in a special expedited arbitration procedure hereinafter provided to be held 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 working days, or as soon as practicable, after receipt by CSATF of 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 otherprotest. The arbitrator shall be notified of his or her termination by selected from a joint letter from the parties. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator shall seven (7)-member alcohol and substance testing panel to be selected mutually agreed upon by the parties. Arbitrators shall be assigned cases in rotating order designated by Unless the parties. If parties mutually select an arbitrator is not available for a hearing from the panel within ten twenty-four (1024) working days after receiving an assignmenthours of CSATF’s receipt of the protest, 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 is first available to conduct the case on hearing shall be selected. There shall be neither post-hearing briefs nor verbatim transcript of the earliest dateproceedings. Any party choosing to use legal counsel shall do so at its own expense and shall notify the other party.
(cii) 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 determine only if the parties procedures set forth in writing of the hearing datethis Paragraph 85.1 and applicable statutes and regulations were properly followed.
(2iii) The parties may submit arbitrator’s remedial powers in such a special proceeding shall be limited to those consistent with the objectives of this Paragraph 85.1 and with applicable statutes and regulations. In the event that the arbitrator prior to rules in favor of the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. Howeverindividual, the arbitrator shall be satisfied himself require the individual to take a new test and may restore the individual’s eligibility to work or herself that roster status pending the evidence submitted is result thereof or make such restoration conditioned on the negative result of a type on which he or she can rely, that such test. CSATF shall pay for the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratornew test.
(4iv) Within five (5) working days after The arbitrator is encouraged to render a bench decision at the close of the hearing, each party may submit when possible, but, in any event, a brief written summary award deciding the matter must be issued within forty-eight (48) hours following the close of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementhearing.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10v) The decision of the arbitrator will settle the grievance, be final and the Company and the Union agree to abide by such decisionbinding on all parties. The compensation and expenses of the arbitrator and the general expenses costs of the arbitration shall be borne by the Company shared equally between CSATF and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesUnion.
(11vi) The time limit for requesting arbitration under this provision In those arbitrations involving the reasonableness of an individual’s failure to test following a deadlock of the hearing panel as provided in subparagraph (g)(1) above (a ‘No-Show Arbitration’), the decision of the arbitrator shall be non-precedential and non-citable in subsequent No-Show Arbitrations involving any other individual. “(vii) CSATF, on behalf of the Consenting Producers, and the Union, on behalf of the affected individual, shall be the same as in existing proceduresparties to any expedited arbitration brought under this Paragraph 85.1(g)(2). “The foregoing procedures shall not apply to individuals who have never worked under the terms of the Local #399 Agreement.
Appears in 1 contract
Samples: Memorandum of Agreement
Expedited Arbitration. In cases involving any alleged violation of any provision of Article 9 (a) In lieu “Respectful Workplace”), Article 12 (“Seniority”), and Article 16 ("Discipline and Discharge"), in the event of a failure to settle the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articledispute under Steps One or Two, any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, aggrieved party may elect to proceed to Expedited Arbitration by delivering or work stoppage (strike) activity and those which mailing to the other party a written demand for Expedited Arbitration. Cases that are also the subject of an administrative charge or court action submitted to Expedited Arbitration 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 heard within ten (10) working business days after receiving an assignment, the case will be passed to party served receives the next arbitratordemand for Expedited Arbitration if the selected Arbitrator is available. If no one can the Arbitrator is not available, he may hear the case within ten (10) working days, as soon as mutually agreed by the case will be assigned to parties. The method of selection of the arbitrator who can hear the case on the earliest date.
(c) The procedure for expedited arbitration Arbitrator 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 arbitrationprescribed under Paragraph A., Regular Arbitration, above. The arbitrator shall notify parties, who may be represented by outside counsel, will not file post-hearing briefs nor will a stenographic record be made, but the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator may, prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after during the hearing, each party may submit present a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) facts. The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator Arbitrator shall have authority to mitigate rule on all motions and decide the case. The writing of an opinion will be at the discretion of the Arbitrator. The decision of the Arbitrator, which shall be issued orally at the conclusion of the hearing and confirmed in writing to both parties within three (3) days, or which shall be issued in writing within three (3) days from the conclusion of the hearing (the choice being at the sole discretion of the Arbitrator), shall be final and binding upon the parties and any employees concerned. The Arbitrator shall have the power to determine only the specific grievance or dispute and, where applicable, award wage payments, adjustments and/or damages consistent with this Agreement. The Arbitrator shall not have power to amend, modify or effect a change in any of the discipline imposed provisions of this Agreement. The Arbitrator shall not have power to determine jurisdictional disputes between the Local Union and determine whatany other labor organization. The decision of the Arbitrator shall be non-precedential and his decision and/or opinion, if any, remedy is appropriate. If the arbitrator awards back payshall not be offered or admitted into evidence in any proceeding other than 1) a judicial act seeking confirmation, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from correction or modify any provisions vacation of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision, or 2) a grievance or arbitration proceeding involving the Producer and Local Union. The compensation Fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne equally by the Company parties to the dispute. Except as otherwise provided in this Agreement, the parties shall follow the American Arbitration Association’s Labor Arbitration Rules in both Regular and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesExpedited Arbitrations.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Memorandum of Agreement
Expedited Arbitration.
(a) In lieu 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, subject to (c) below, in accordance with the provisions of the procedures specified grievance procedure contained 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 followedagreement.
(b) As soon as possible after this Agreement becomes final By January 15th of each year, the parties will reserve a period of two working days (or more if required) bi-annually March and binding, a panel September for hearings to address all outstanding grievances. Representatives of the parties will meet 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 two weeks prior to the other. The arbitrator shall reserved dates to finalize an agenda of grievances to 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 All grievances shall be considered suitable for and resolved by expedited arbitration shall be as followsexcept grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the agreement;
(6) grievances requiring presentation of extrinsic evidence;
(7) grievances where a party intends to raise a preliminary objection;
(8) demotions;
(9) grievances relating to Article 14—Hours of Work.
(d) By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(e) The Arbitrator shall hear the grievances and shall render a decision within two 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) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(g) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(h) A grievance determined by either party to fall within one of the categories listed in (c) above, may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 9.2.
(i) The parties shall notify equally share the arbitrator in writing on cost of the day fees and expenses of agreement or date of arbitration demands in suspension cases the Arbitrator and hearing rooms.
(j) As the process is intended to settle be non-legal, unless otherwise agreed, lawyers will not be used to represent either party.
(k) Presentations are to be short and concise and are to include a grievance by expedited arbitrationcomprehensive opening statement. The arbitrator shall notify parties agree not to present authorities during their presentations.
(l) The hearings will be governed by the following guidelines which can be amended by agreement between the parties in writing at any time:
(1) A brief of pertinent documents will be jointly presented to the hearing dateArbitrator.
(2) The parties may submit to To the arbitrator prior to the hearing extent that authorities are permitted, they shall be presented in a written stipulation of all facts not in disputejoint brief.
(3) The hearing shall If possible, a statement of agreed facts will be informal without formal rules of evidence and without a transcript. However, jointly presented to the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorArbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing Responses to opening statements will cover any facts which are in dispute and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementany additional facts available.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall hearing will be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent conducted in other arbitration matters between an informal manner with limited objections by the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureand without concern for procedural irregularities.
(6) The time limits Witnesses will only be used to enter evidence relative to facts in (1) and (4) of this Section may be extended by agreement of the parties dispute or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedurefor expert explanations.
(7) In all suspension or dismissal grievances submitted Arguments will be presented only to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union points in which the Company concurs shall not be included in such additional timeissue.
(8) In case of suspensionm) Prior to rendering a decision, the arbitrator shall have authority Arbitrator may assist the parties in mediating a resolution to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedgrievance.
(9n) The arbitrator Where mediation fails, or is not appropriate, a decision shall have no authority to add to, subtract from or modify any provisions of this Agreementbe rendered by the Arbitrator as contemplated herein.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.10.1
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu If either party hereto desires to invoke the arbitration procedure set forth in this SECTION 16.3. the party invoking the arbitration procedure shall give an Arbitration Notice to the other party stating that the party sending the Arbitration Notice desires to meet within three (3) Business Days to attempt to agree on an Arbitrator to determine the question at issue. The Arbitrator appointed shall be competent, qualified by training and experience, 120 disinterested and independent, and an individual having not less than ten (10) years experience relating to commercial real estate in New York City. If the parties hereto have not agreed on the Arbitrator within three (3) Business Days after the giving of the procedures specified in Paragraphs 1 (General) through 4 (Conduct Arbitration Notice, then either party hereto, on behalf of Hearing and Decision of Arbitrator) of this Articleboth, any grievance involving may apply to 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 AAA 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 appointment of the request Arbitrator, or, if the AAA shall not then exist or shall fail, refuse or be unable to act such that the Arbitrator is not appointed by the AAA within twenty (20) Business Days after application therefor. then either party may apply to the Court, for arbitration, elect the appointment of the Arbitrator and the other party shall not raise any question as to use the expedited arbitration procedure hereinafter providedCourt's full power and jurisdiction to entertain the application and make the appointment. The election shall be in writing and, when signed date on which the Arbitrator is appointed by authorized representatives the agreement of the parties, by appointment by the AAA or by appointment by such court is referred to herein as the "APPOINTMENT DATE". If any Arbitrator appointed hereunder shall be irrevocable. If no such election is made within the foregoing time periodunwilling or unable, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) for any reason, to serve, or continue to serve, a replacement Arbitrator shall be followedappointed in the same manner as the original Arbitrator.
(b) As soon The arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the AAA for expedited arbitration, modified as possible follows:
(i) To the extent that the CPLR, or any successor statute, imposes requirements different from those of the AAA in order for the decision of the Arbitrator to be enforceable in the courts of the State of New York, such requirements shall be complied with in the arbitration.
(ii) Before hearing any testimony or receiving any evidence, the Arbitrator shall be sworn by an officer authorized to administer an oath to hear and decide the controversy faithfully and fairly and a written copy thereof shall be delivered to Landlord and Tenant.
(iii) Within ten (10) Business Days after this Agreement becomes final the Appointment Date, the parties hereto shall deliver to the Arbitrator two (2) copies of their respective Determinations, together with such affidavits, appraisals, reports and bindingother written evidence relating thereto as the submitting party deems appropriate. Such ten Business-Day period may not be extended by the Arbitrator. After the submission of any Determination, the submitting party may not make any additions to or deletions from, or otherwise change, such Determination or the affidavits, appraisals, reports and other written evidence delivered therewith. If either party fails to so deliver its Determination within such time period, such party shall be deemed to have irrevocably waived its right to deliver a panel Determination and the Arbitrator, without holding a hearing, shall accept the Determination of at least the submitting party as the appropriate resolution of the issue in question. If each party submits a Determination with respect to the appropriate resolution of the issue in question, within the ten Business-Day period described above, the Arbitrator shall, promptly after its receipt of the second Determination, deliver a copy of each party's Determination to the other party.
(iv) Not more than ten (10) Business Days after the earlier to occur of (A) the expiration of the ten Business-Day period provided for in clause (iii) above or (B) the Submission Date, and upon not less than three (3) arbitrators Business Days' notice to the parties, the Arbitrator may hold one hearing with respect to the determination of the appropriate resolution of the issue in question. The hearing shall be selected held in the Borough of Manhattan at such location and time as shall be specified by the partiesArbitrator. Each arbitrator of the parties shall serve until be entitled to present all relevant evidence and to cross examine witnesses at the termination hearing. The Arbitrator shall have the authority to adjourn any hearing to such later date as the Arbitrator shall specify, PROVIDED that in all events all hearings with respect to the determination of the appropriate resolution of the issue in question shall be concluded not later than thirty (30) days after the Submission Date. 121
(v) The Arbitrator shall be instructed, and shall be empowered only, to select one of the Determinations which the Arbitrator believes is the more appropriate resolution of the issue at hand. Without limiting the generality of the foregoing, in rendering her or his decision, the Arbitrator shall not add to, subtract from, or otherwise modify the provisions of this Agreement unless Lease or either of the Determinations.
(vi) The Arbitrator shall render his or her services are terminated earlier by written notice from either party determination as to the other. The arbitrator selection of a Determination in a signed and acknowledged written instrument, original counterparts of which shall be notified sent simultaneously to the parties hereto, within three (3) Business Days after the earlier to occur of (A) his or her termination by a joint letter from determination of the parties. The arbitrator shall conclude his appropriate resolution of the issue in question pursuant to clause (iii) above or her service by settling any grievance previously heard. A successor arbitrator shall be selected by (B) the parties. Arbitrators shall be assigned cases conclusion of the hearing(s) referred to in rotating order designated by the parties. If an arbitrator is not available for a hearing within ten clause (10iv) 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 dateof this subsection.
(c) The procedure for expedited arbitration decision, determined as provided in this SECTION 16.3. shall be as follows:
(1) The parties shall notify the arbitrator in writing conclusive and binding on the day of agreement or date of arbitration demands in suspension cases to settle a grievance parties, shall constitute an "award" by expedited arbitration. The arbitrator shall notify the parties in writing Arbitrator within the meaning of the hearing dateAAA rules and applicable law and judgment may be entered thereon in any court of competent jurisdiction.
(2d) The parties may submit Each party shall pay its own fees and expenses relating to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
arbitration described herein (3) The hearing shall be informal including, without formal rules of evidence and without a transcript. Howeverlimitation, the arbitrator fees and expenses of its counsel and of experts and witnesses retained or called by it). Each party shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair pay one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary -half of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator AAA and the general expenses of the arbitration shall be borne by Arbitrator; provided that if either party fails to submit a Determination within the Company and the Union in equal parts. Each period provided therefor, such non-submitting party shall bear the expense pay all of its representatives such fees and witnessesexpenses.
(11e) The time limit for requesting arbitration under this provision Time shall be of the same essence as to all obligations of Landlord and Tenant set forth in existing procedures.this SECTION 16.3. 122
Appears in 1 contract
Samples: Lease Agreement (New York Times Co)
Expedited Arbitration. Expedited arbitration shall refer to a system of rights arbitration incorporating procedures specifically designed to reduce delay and / or cost in the hearing and issuance of an award.
(a) In lieu All grievances except dismissals, rejection on probation, demotion, suspensions greater than ten (10) days, or policy grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing Collective Agreement may be considered suitable for 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 resolved by 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 upon mutual agreement 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 followedParties.
(b) As soon as possible after this Agreement becomes final and binding, The Parties shall mutually agree upon a panel of at least three (3) arbitrators single Arbitrator whose name shall be selected taken from a list of single Arbitrators which was mutually agreed upon 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 dateParties.
(c) The procedure Arbitrator shall hear the grievance and shall render a decision within two (2) working days of such hearings. No written reasons for expedited arbitration the decision shall be as follows:
(1) The parties shall notify provided beyond that which the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases Arbitrator deems appropriate to settle convey a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedecision.
(2d) The parties may submit Arbitration awards shall be of no precedential value and shall not, therefore, be referred to by the arbitrator prior to the hearing a written stipulation Parties in respect of all facts not in disputeany other matter.
(3e) The hearing shall be informal without formal rules of evidence and without a transcript. However, Arbitrators are not allowed to interpret the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorAgreement other than Clause 8.15.
(4f) Within five (5) working days after the hearing, each party may submit a brief written summary All settlements of the issues raised at the hearing and arguments supporting its position. The arbitrator expedited arbitrations shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementbe "without prejudice".
(5g) The arbitrator's settlement Parties shall apply only to equally share the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence cost of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11h) No later than two (2) weeks prior to the scheduled hearing for each grievance, the Union and the Employer shall prepare a statement of agreed facts for presentation at the hearing. They will identify the names of all witnesses that they intend to call and will advise the other Party of the purpose for which that witness is being called. They will also identify any preliminary issues that they intend to raise with the Arbitrator and the remedy being sought.
(i) The time limit for requesting arbitration under this provision Arbitrator's decision shall be final and binding upon the same Parties and no further action may be taken on that grievance by any means.
(j) Notwithstanding the above, either Party may take any grievance to full arbitration as in existing procedures.per Article 9 of this Agreement. Arbitrator - Xx. Xxxx Xxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu If there is a dispute between the Company and Executive of the procedures specified nature described in Paragraphs 1 Sections 3.3(c)(i) or 3.3(c)(ii), then such dispute shall, at the request of either party, be resolved solely by arbitration in Xxxxxx County, Georgia under the Expedited Procedures provision of the Commercial Arbitration Rules of the American Arbitration Association or any successor thereto (General) through 4 (Conduct of Hearing and Decision of Arbitrator) the “AAA”); provided, however, that the provisions of this ArticleSection 3.4 shall supersede any conflicting or inconsistent provisions of said provisions; and further provided, that with respect to any grievance involving such arbitration, (i) the suspension list 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 proposed arbitrators referred to in Rule E-4 shall be returned with any names stricken within five (5) days from the date of mailing by the AAA of the list of proposed arbitrators; (ii) the parties shall notify the AAA by telephone, within four (4) days of any objections to the arbitrator appointed and shall have no right to object if the arbitrator so appointed was on the list submitted by the AAA and was not objected to arbitration under in accordance with Rule E-4(c); (iii) the expedited arbitration procedure hereinafter provided notice of the hearing on the matter shall be four (4) days in advance of the hearing and (iv) the hearing shall be held within fifteen five (155) 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 appointment of the request for arbitration, elect to use the expedited arbitration procedure hereinafter providedarbitrator. The election Time shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within essence as to the foregoing time period, the arbitration procedure periods set forth in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followedthis Section 3.4.
(b) As soon as possible after It is expressly understood that the decision of any arbitrator in accordance with this Agreement becomes Section 3.4 shall be final and binding, a panel of at least three (3) arbitrators binding upon the parties hereto and non-appealable. The arbitrator conducting any arbitration shall be selected bound by the parties. Each arbitrator shall serve until the termination provisions 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between have the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority power to add to, subtract from from, or otherwise modify such provisions. The Company and Executive agree to sign all documents and to do all other things necessary to submit any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievancesuch matter to arbitration and further agree to, and the Company hereby do, waive any and the Union agree all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by such decision. The compensation the decision rendered thereunder which shall be binding and expenses conclusive on the parties and shall constitute an “award” by the arbitrator within the meaning of the arbitrator AAA rules and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesapplicable laws.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Executive Employment Agreement (Euramax International, Inc.)
Expedited Arbitration. (a) In lieu All grievances will 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 the procedures specified in Paragraphs 1 20 working days;
(General4) through 4 policy grievances;
(Conduct 5) grievances requiring substantial interpretation of Hearing and Decision of Arbitrator) a provision of this Article, any grievance involving the suspension agreement;
(6) grievances requiring presentation of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, or work stoppage extrinsic evidence;
(strike7) activity and those which are also the subject of an administrative charge or court action shall be submitted grievances where a party intends to arbitration under the expedited arbitration procedure hereinafter provided within fifteen raise a preliminary objection;
(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 followed8) demotions.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall Any grievances agreed by both parties to 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 suitable for a hearing within ten (10) working days after receiving an assignment, the case expedited arbitration will be passed scheduled 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 heard on the earliest Arbitrator's next available date.
(c) The procedure for expedited arbitration shall parties will make every effort to make use of an Agreed to Statement of Facts.
(d) All presentations are to be as follows:short and concise and are to include a comprehensive opening statement.
(e) The hearing will be conducted by case review with each party providing a comprehensive and concise opening statement. The Expedited Arbitrator may, if they deem it appropriate, (1) render a decision orally or in writing; (2) mediate a resolution; or (3) direct that a mini-hearing will be held. If a mini-hearing is necessary, the Expedited Arbitrator will provide directions for its timing, content and conduct, including the call of a single witness, unless otherwise agreed by the parties. A "mini-hearing" is a reference to the requirement for oral evidence in addition to any other requirements that the Expedited Arbitrator requires to resolve the dispute.
(f) The parties shall notify agree to make limited use of authorities during their presentations.
(g) The Arbitrator will hear the arbitrator in writing on grievances and will render a decision within five working days of such hearings. No written reasons for the day of agreement or date of arbitration demands in suspension cases decision will be provided beyond that which the Arbitrator deems appropriate to settle convey a grievance by expedited arbitration. The arbitrator shall notify decision.
(h) Prior to rendering a decision, the Arbitrator may assist the parties in writing of mediating a resolution to the hearing dategrievance.
(2i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards will be of no precedential value and will not thereafter be referred to by the parties in respect of any other matter.
(j) All settlements of expedited arbitration cases prior to hearing will be without prejudice.
(k) The parties will equally share the cost of the fees and expenses of the Arbitrator.
(l) The Expedited Arbitrator, who will act as sole arbitrator, will be selected on the basis of first available from among the list of arbitrators under Clause 10.2(a) (Appointment of Arbitrator) or Xxxxxxx Xxxxxxx.
(m) A grievance determined by either party to fall within one of the categories listed in (a) above, may submit to be removed from the arbitrator expedited arbitration process at any time prior to the hearing and forwarded to a written stipulation of all facts not in disputeregular arbitration hearing pursuant to Clause 10.1 (Notification).
(3n) The hearing shall be informal without formal rules It is not the intention of evidence and without either party to appeal a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesan expedited arbitration.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu All grievances shall be considered as suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 Agreement;
(General3) through 4 (Conduct grievances requiring presentation of Hearing and Decision extrinsic evidence. By mutual agreement, a grievance falling into any 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 these categories may be submitted to arbitration under placed into 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 followedprocess.
(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 selected in accordance with the partiesprocedure outlined in section (j) below. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator arbitration procedure shall be selected by in accordance with 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.following:
(c) By January 15th of each year, the parties will reserve a period of two (2) working days (or more if required) bi-annually March and September, for hearings to address all outstanding grievances. Representatives of the parties will meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be heard.
(d) The procedure arbitrator shall hear the grievances and shall render a binding 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:without prejudice.
(1g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to the hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the arbitration arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11i) The time limit for requesting arbitration under this provision parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within the times specified in (c) above, an individual from the following list will be the same as in existing procedures.appointed: Xxxx Xxxxxx Xxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxxxx Xxxx Xxxx Xxxxx Xxxxx Xxxx XxXxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. 12.01 Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances. The Expedited Arbitration Procedure shall be implemented in light of the circumstances existing within the Collective Agreement, with due regard to the following.
12.02 An Arbitrator, shall be appointed by the Vice-Chairman – Mediation Services to hear the cases. Their expenses and fees will be borne by the Parties. The fees are to be in an amount agreed to by all three parties.
(a) In lieu Within thirty (30) calendar days after receipt of the procedures specified in Paragraphs 1 Step 3 answer, the Company or the Union initiating the grievance shall assess which grievances shall be referred to Expedited Arbitration, and will so notify the other Party, or their designate. Should the representatives of the other Party deem that the issue does not meet the criteria of section 12.06 (General) through 4 (Conduct of Hearing and Decision of Arbitratora) of this Article, any grievance involving the suspension of an individual employeeinitiating party will nonetheless proceed to Expedited Arbitration for resolution. In this situation, except those which also involve an however, the first issue of arbitrability, contract interpretation, that must be ruled upon by the Arbitrator is whether or work stoppage (strike) activity and those which are also not the subject matter is one that meets the criteria of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen section 12.06 (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 irrevocablea). If no such election is made within the foregoing time period, Arbitrator concludes that 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 case is not available appropriate for a hearing within ten (10) working days after receiving an assignmentthe Expedited Arbitration process, the case will shall be passed referred back to the next arbitrator. If no one can hear initiating party for further determination as if at 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 writing conclusion of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step Third Stage of the grievance procedure.
(6b) The time limits in (1) and (4) list of this Section may be extended by agreement members of the parties panel shall be maintained alphabetically to be used by fixed rotation. The next panel member shall be contacted and requested to serve on the case or cases designated for Expedited Arbitration at a time and place agreed upon by the Company and Union Representatives. The date of the hearing shall be within ten (10) calendar days of the appeal unless an extension of time is mutually agreed upon by all three parties.
12.04 Grievances shall be presented in the Expedited Arbitration Procedure by a previously designated representative of the Local Union 2009 and a designated representative of the local Plant Management. Attendance of other persons at the arbitrator's request, in either case, only in emergency situations. Such extensions Arbitration hearing shall not circumvent be limited to those who have personal knowledge of the purpose of this proceduregrievance being presented.
(7a) The hearing shall be informal
(b) No briefs shall be filed or transcripts made
(c) There shall be no formal evidence rules
(d) The Arbitrator shall have the obligations of assuring that all necessary facts and considerations are brought before him by the representatives of the Parties. In all suspension respects, he shall assure that the hearing is a fair one.
(e) If the Arbitrator or dismissal grievances submitted to arbitration under the expedited procedures set forth hereinparties conclude at the hearing that the issues involved are of such complexity or significance that the case should require further consideration by the Parties, the arbitrator case shall determine whether be referred back to the discipline was initiating party for just cause. In any grievance arbitrated under the expedited procedures, the Company final deposition.
(f) The Arbitrator shall under no circumstances be liable for back pay for more than six render their written decision within five (65) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after workdays following the date of the disciplinary actionhearing. Delays requested Their decision shall be based on the facts presented by the Union in which Parties at the Company concurs hearing, and shall include a brief written explanation of the basis for their conclusion. These awards will not be included cited as a precedent at any discussion of any other grievances at any stage of the grievance procedure or in such additional timeany subsequent Arbitration, and will be considered binding by both Parties.
(8) In case of suspension, the arbitrator shall a) Grievances subject to this Expedited Arbitration Procedure must be confined to issues which do not involve novel problems and which have authority to mitigate limited contractual significance or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedcomplexity.
(9b) The arbitrator Arbitrator under this Expedited Arbitration Procedure shall have no authority the same powers as granted to add to, subtract from or modify any provisions the Arbitrator under Section 13.10 of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu Disputes involving a violation of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing No-Strike - No Lockout and Decision of Arbitrator) of this ArticleSeniority provisions may be submitted to expedited arbitration by either party by serving a written demand for expedited arbitration. Within one business day after the other party receives the demand for expedited arbitration, any grievance involving the suspension of parties will select an individual employeearbitrator between the following three arbitrators: Xxxxxxx Xxxxxx, except those which also involve an issue of arbitrabilityXxxxxxx X. Xxxxxxxx, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action Xxxxxxx Xxxxxxx. The dispute shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen two business days (15or as soon thereafter as the arbitrator is available) calendar days after the filing of other party receives the demand for expedited arbitration by whichever arbitrator is available within two business days. If more than one arbitrator is available within two business days, the moving party and the respondent shall alternate on a request for arbitrationcase-by-case basis in first striking a name. 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 event that one of the request for arbitrationparties fails to participate in the strike process, elect or fails to use strike in order and/or timely, the expedited arbitration procedure hereinafter providedother party may thereupon select the arbitrator to hear the matter. The election hearing shall be conducted by the arbitrator in writing and, when signed by authorized representatives whatever manner will most expeditiously permit full presentation of the evidence and arguments of the parties, including by telephone or video conference. No postponements will be granted except by mutual agreement of the Union and Company. There shall be irrevocableno post-hearing briefs, but the parties may, prior to or during the hearing, present a written statement of the facts. 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) There shall be followed.
(b) As soon as possible after this Agreement becomes final no stenographic record of the hearing. The decision of the arbitrator, which shall be issued orally at the conclusion of the hearing and binding, a panel of at least confirmed in writing to both parties within three (3) arbitrators days, or which 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 issued in writing within three (3) days 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 writing conclusion of the hearing date.
(2) The parties may submit to the arbitrator prior to choice being at the hearing a written stipulation sole discretion of all facts not in dispute.
(3) The hearing the Arbitrator), shall be informal without formal rules final and binding upon the parties and any employees concerned. The Arbitrator shall have the power to determine only the specific grievance or dispute and, where applicable, award wage payments, adjustments and/or damages consistent with this Agreement. The Arbitrator shall not have power to amend, modify or effect a change in any of evidence the provisions of this Agreement. The Arbitrator shall not have power to determine jurisdictional disputes between the Local Union and without a transcriptany other labor organization. However, The decision of the arbitrator Arbitrator shall be satisfied himself or herself that non-precedential and the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine whatdecision and/or opinion, if any, remedy is appropriate. If the arbitrator awards back payshall not be offered or admitted into evidence in any proceeding other than 1) a judicial act seeking confirmation, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9correction or vacation of such decision, or 2) The arbitrator shall have no authority to add to, subtract from a grievance or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and arbitration proceeding involving the Company and the Union agree to abide by such decisionLocal Union. The compensation Fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne equally by the Company and parties to the Union in equal parts. Each party shall bear the expense of its representatives and witnessesdispute.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Memorandum of Agreement
Expedited Arbitration. Any party alleging a violation of this Article may utilize the expedited procedure set forth below (ain lieu of, or in addition to, any actions at law or equity that may be brought). • A party invoking this procedure shall notify Xxxxxx Xxxxxxxxx or Xxxx Xxxxxxxxx; who shall alternate (beginning with Xxxxxx Xxxxxxxxx) In lieu as Arbitrator under this expedited arbitration procedure. If Arbitrator Xxxxxxxxx is not available to hear the matter within twenty-four (24) hours of notice, Arbitrator Kendellen shall be called. If neither arbitrator is available within a reasonable timeframe, an arbitrator will be appointed in accordance with Rule E2 (Appointment of Neutral Arbitrator) under the AAA’s Expedited Labor Arbitration Procedures within forty-eight (48) hours. • Copies of such notification will be simultaneously sent to the other party. • The Arbitrator shall thereupon, after notice as to time and place to the parties, hold a hearing within forty-eight (48) hours of receipt of the procedures specified in Paragraphs 1 notice invoking the procedure or as soon thereafter as is possible if it is contended that the violation still exists unless otherwise agreed by the parties. The hearing will not, however, be scheduled for less than twenty-four (General24) through 4 (Conduct hours after the party invoking this expedited process has notified the other party of Hearing and Decision of Arbitrator) the alleged violation of this Article. • All notices pursuant to this Article may be provided by electronic-mail, telephone, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Employer, and Union. The hearing may be held on any grievance involving day including Saturdays or Sundays. A failure of any party to attend the suspension hearing shall not delay the hearing of evidence by those present or the issuance of an individual employeeaward by the Arbitrator unless otherwise agreed by the parties. • The sole issue at the hearing shall be whether a violation of Section 1 or Section 4, except those which also involve an above, occurred. If a violation is found to have occurred, the Arbitrator shall issue of arbitrabilitywhatever order they deem appropriate and serve copies on the Employer and Union. The Arbitrator shall have no authority to consider any matter in justification, contract interpretationexplanation, or work stoppage mitigation of such violation or to award damages (strike) activity and those which are also the subject of an administrative charge or any damages issue is reserved solely for court action proceedings, if any). The Award shall be submitted to arbitration under issued in writing within three (3) hours after the expedited arbitration procedure hereinafter provided close of the hearing and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within fifteen (15) calendar days after days, but its issuance shall not delay compliance with, or enforcement of, the Award. • An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of a request for arbitrationthis Award. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 (General) through 4 (Conduct Notice 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 such enforcement proceedings 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 given 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just causeinvolved. In any grievance arbitrated court proceeding to obtain a temporary or preliminary order enforcing the Arbitrator’s Award as issued under the this expedited proceduresprocedure, the Company shall under no circumstances parties waive their right to a hearing and agree that such proceedings may be liable ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party’s right to participate in a hearing for back pay for more than six (6) months (plus a final court order of enforcement or in any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary actioncontempt proceeding. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) • The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and the general expenses of the arbitration Arbitrator shall be borne by equally divided between the Company Employer and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesUnion.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. If a Party exercises its rights under this Agreement to refer a Dispute to expedited arbitration (an “Expedited Dispute”), then the Parties will follow the expedited dispute resolution process in this Section 17.2.7 (and not the dispute resolution process in Section 17.2.1 of this Agreement) (“Expedited Arbitration”). The Parties agree and acknowledge that any good faith dispute under Expedited Arbitration will not be deemed to be a material breach of this Agreement. The Expedited Dispute will be submitted to fast track, binding arbitration in accordance with the following:
(a) In lieu An Expedited Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its International Arbitration Rules, as amended by this Section 17.2.7, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York, New York. The award shall be rendered within [***] Business Days after the appointment of the procedures specified arbitrator, unless the arbitrator determines that the interest of justice requires that such limit be extended. The language of the arbitration shall be English. There shall be one (1) arbitrator. If the Parties are unable to agree on an arbitrator within [***] Business Days from the initiation of the arbitration, then the Parties will request that the AAA select the arbitrator. The arbitrator shall have at least ten (10) years of experience in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, any grievance disputes involving the suspension pharmaceutical and life sciences industries, including the valuation of an individual employeebiopharmaceutical intellectual property and the conduct of research, except those which also involve an issue of arbitrabilitydevelopment, 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 arbitrationcommercialization collaborations. 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 The cost of the request for arbitrationarbitration will be borne equally by the Parties, elect and each Party shall bear its own costs and attorney’s and witnesses’ fees and associated costs and expenses. Except in a proceeding to use enforce the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives results of the partiesarbitration or as otherwise required by applicable Laws, shall be irrevocable. If no such election is made within neither Licensee nor Licensor nor any arbitrator may disclose the foregoing time periodexistence, content or results of any arbitration hereunder without the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct prior written agreement of Hearing Licensee and Decision of Arbitrator) shall be followedLicensor.
(b) As soon Within [***] Business Days after the appointment of the arbitrator, each Party will provide the arbitrator with a proposal and written memorandum in support of its position regarding the Expedited Dispute, as possible after this Agreement becomes final well as any documentary evidence it wishes to provide in support thereof (not to exceed thirty (30) pages) (each a “Proposal”) 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 will provide each Party’s Proposal to the other. The arbitrator shall be notified of his or her termination by a joint letter other Party after it receives it 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 dateboth Parties.
(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 Within [***] Business Days after a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. HoweverParty submits its Proposal, the arbitrator shall be satisfied himself or herself that other Party will have the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary right to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five rebuttal memorandum (5not to exceed fifteen (15) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine whatpages), if any, remedy is appropriateto the arbitrator and the other Party. If requested by the arbitrator, the Parties will make oral submissions to the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedbased on such Party’s Proposal.
(9d) The Within [***] Business Days after the receipt by the arbitrator shall have no authority of both Parties’ written submissions (or expiration of the [***] Business Day period if any Party fails to add tosubmit a response), subtract from or modify any provisions the arbitrator will issue a final award in writing, stating its reasoning, provided that the arbitrator will select one of this Agreement.
(10) the Parties’ Proposals. The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing proceduressole, exclusive, binding and non-appealable remedy between them regarding the dispute referred to Expedited Arbitration.
Appears in 1 contract
Samples: License and Development Agreement (Selecta Biosciences Inc)
Expedited Arbitration. (a) In lieu the event of any dispute under this Lease with respect to any matter that may expressly be resolved by arbitration as provided in this Lease, either party shall have the right to submit such dispute to arbitration in Mxxxxx County, NJ under the Expedited Procedures provisions of the procedures specified Commercial Arbitration Rules of the AAA (presently Rules 56 through 60) before a single arbitrator; provided, however, that with respect to any such arbitration, (i) the list of arbitrators referred to in Paragraphs 1 Rule 57 shall be returned within five (General5) through 4 Business Days from the date of mailing; (Conduct ii) the parties shall notify the AAA by telephone, within four (4) Business Days of notification of the arbitrator appointed of any objections to the arbitrator appointed and will have no right to object if the arbitrator so appointed was on the list submitted by the AAA and was not objected to in accordance with the second paragraph of Rule 57; (iii) the Notice 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 referred to in Rule 58 shall be submitted to arbitration under four (4) days in advance of the expedited arbitration procedure hereinafter provided hearing; (iv) the hearing shall be held within fifteen five (155) calendar days Business 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 appointment of the request for arbitrationarbitrator or such other date specified by the arbitrator, elect (v) the arbitrator shall have no right to use award damages; and (vi) the expedited arbitration procedure hereinafter provided. The election decision and award of the arbitrator 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 conclusive on the parties. Each If any party fails to appear at a duly scheduled and noticed hearing for any reason other than an Excusable Delay, the arbitrator is hereby expressly authorized to enter judgment for the appearing party. The arbitrators conducting any arbitration shall serve until be bound by the termination provisions of this Agreement unless his Lease and shall not have the power to add to, subtract from, or her services are terminated earlier otherwise modify such provisions. Landlord and Tenant agree to sign all documents and to do all other things necessary to submit any such matter to arbitration and further agree to, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by written notice from either party to the otherdecision rendered thereunder which shall be binding and conclusive on the parties and shall constitute an “award” by the arbitrator within the meaning of the AAA rules and applicable Law. Judgment may be had on the decision and award of the arbitrators so rendered in any court of competent jurisdiction. The arbitrator shall be notified a qualified, disinterested and impartial person who shall have had at least ten years’ experience in the commercial real estate industry in the geographic location where the Premises are located, with a particular focus in the area of his office leasing. Landlord and Tenant shall each have the right to appear and be represented by counsel before said arbitrators and to submit such data and memoranda in support of their respective positions in the matter in dispute as may be reasonably necessary or her termination by a joint letter from appropriate under the partiescircumstances. The arbitrator Each party hereunder shall conclude his pay its own costs, fees and expenses in connection with any arbitration 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 other action or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair oneproceeding brought under this Section, and that all facts necessary to a fair settlement the expenses and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision fees of the arbitrator will settle selected shall be shared equally by Landlord and Tenant; provided, that, to the grievanceextent the arbitrator determines that a party prevailed in a dispute, and all of the Company and the Union agree to abide actual reasonable out-of-pocket costs incurred by such decision. The compensation and expenses of the arbitrator and the general expenses of the party in connection with such arbitration shall be borne by the Company and the Union in equal partsunsuccessful party. Each Neither party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration have ex parte communications with any arbitrator selected under this provision shall be Section following his or her selection and pending completion of the same as in existing proceduresarbitration hereunder.
Appears in 1 contract
Expedited Arbitration. 12.01 Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances.
12.02 An Arbitrator, shall be appointed by the Vice-Chairman – Mediation Services to hear the cases. Their expenses and fees will be borne by the Parties. The fees are to be in an amount agreed to by all three parties.
(a) In lieu Within thirty (30) calendar days after receipt of the procedures specified in Paragraphs 1 Step 3 answer, the Company or the Union initiating the grievance shall assess which grievances shall be referred to Expedited Arbitration, and will so notify the other Party, or their designate. Should the representatives of the other Party deem that the issue does not meet the criteria of section 12.06 (General) through 4 (Conduct of Hearing and Decision of Arbitratora) of this Article, any grievance involving the suspension of an individual employeeinitiating party will nonetheless proceed to Expedited Arbitration for resolution. In this situation, except those which also involve an however, the first issue of arbitrability, contract interpretation, that must be ruled upon by the Arbitrator is whether or work stoppage (strike) activity and those which are also not the subject matter is one that meets the criteria of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen section 12.06 (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 followeda).
(b) As soon as possible after this Agreement becomes final and binding, a The list of members of the panel of at least three (3) arbitrators shall be selected maintained alphabetically to be used by fixed rotation. The next panel member shall be contacted and requested to serve on the case or cases designated for Expedited Arbitration at a time and place agreed upon 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 otherCompany and Union Representatives. The arbitrator date of the hearing 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 calendar days after receiving of the appeal unless an assignment, extension of time is mutually agreed upon by all three parties.
12.04 Grievances shall be presented in the case will Expedited Arbitration Procedure by a previously designated representative of the Local Union 2009 and a designated representative of the local Plant Management. Attendance of other persons at the Arbitration hearing shall be passed limited to those who have personal knowledge of 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 dategrievance being presented.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3a) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator informal
(b) No briefs shall be satisfied himself filed or herself transcripts made
(c) There shall be no formal evidence rules
(d) The Arbitrator shall have the obligations of assuring that all necessary facts and considerations are brought before him by the evidence submitted is representatives of a type on which the Parties. In all respects, he or she can rely, shall assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4e) Within five (5) working days after If the hearing, each party may submit a brief written summary of Arbitrator or the issues raised parties conclude at the hearing and arguments supporting its position. that the issues involved are of such complexity or significance that the case should require further consideration by the Parties, the case shall be referred back to the initiating party for final deposition.
(f) The arbitrator Arbitrator shall give his or her settlement render their written decision within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after workdays following the date of the disciplinary actionhearing. Delays requested Their decision shall be based on the facts presented by the Union in which Parties at the Company concurs hearing, and shall include a brief written explanation of the basis for their conclusion. These awards will not be included cited as a precedent at any discussion of any other grievances at any stage of the grievance procedure or in such additional timeany subsequent Arbitration, and will be considered binding by both Parties.
(8) In case of suspension, the arbitrator shall a) Grievances subject to this Expedited Arbitration Procedure must be confined to issues which do not involve novel problems and which have authority to mitigate limited contractual significance or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedcomplexity.
(9b) The arbitrator Arbitrator under this Expedited Arbitration Procedure shall have no authority the same powers as granted to add to, subtract from or modify any provisions the Arbitrator under Section 13.10 of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) 25A.01 The procedures herein will apply to arbitration involving disciplinary action which is specifically subject to arbitration under the collective bargaining agreement.
25A.02 In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 25 of this ArticleAgreement, 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) Article 25 of this ArticleAgreement, 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) Article 25 shall be followed.
(b) 25A.03 As soon as possible after this Agreement becomes final and binding, a panel of at least three five (35) arbitrators umpires shall be selected by the parties. Each arbitrator umpire shall serve until the termination of this Agreement unless his or her their services are terminated earlier by written notice from either party to the other. The arbitrator umpire shall be notified of his or her the termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service all services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(c) 25A.04 The procedure for expedited arbitration shall be as follows:
(1) : The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) . The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) . The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall umpire must be satisfied himself or herself that the evidence submitted is of a type on which he or she one can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) umpire. Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her the settlement within five (5) working days after receiving the briefs. He or she briefs and shall provide the parties a brief written statement of the reasons supporting his or her the settlement.
(5) . The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6) . The time limits in (1a) and (4d) of this Section may be extended by agreement of the parties or at the arbitratorumpire's request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) . The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) . The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration.
(a) In lieu All grievances shall be considered suitable for and resolved by expedited arbitration pursuant to Section 105 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 employeeLabour Relations Code, except those which also involve an issue grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of arbitrabilitya provision of the Agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, contract interpretation, or work stoppage (strike) activity and those which are also the subject a grievance falling into any of an administrative charge or court action shall these categories may be submitted to arbitration under placed into 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 followedprocess.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) The arbitrators shall be selected by the parties. Each arbitrator Xxxx Xxxxxxxx, Xxxx Xxxxx, and Xxx Xxxxx who shall serve until the termination of this Agreement unless his on a rotational basis provided they are available to convene a hearing within thirty (30) days. Where Xxxx Xxxxxxxx, Xxxx Xxxxx, or her services Xxx Xxxxx, are terminated earlier by written notice from either party unable to the other. The arbitrator shall be notified of his or her termination by schedule a joint letter from the parties. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor hearing within thirty (30) days, an arbitrator shall be selected on a rotational basis from the list contained in Clause 9.2. Should none of the arbitrators be available within the thirty (30) day period then the parties may by the parties. Arbitrators shall be assigned cases in rotating order designated by the parties. If mutual agreement select 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 alternative 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 Arbitrator shall hear the grievances 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.
(d) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(e) All settlements of expedited arbitration cases prior to hearing shall be as follows:"without prejudice".
(f) A grievance determined by either party to fall within one (1) of the categories listed in (b) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2
(g) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (e) above such that a cancellation fee is charged by the arbitration Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. Expedited arbitration shall refer to a system of rights arbitration incorporating procedures specifically designed to reduce delay and / or cost in the hearing and issuance of an award.
(a) In lieu All grievances except dismissals, rejection on probation, demotion, suspensions greater than ten (10) days, or policy grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing Collective Agreement may be considered suitable for 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 resolved by 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 upon mutual agreement 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 followedParties.
(b) As soon as possible after this Agreement becomes final and binding, The Parties shall mutually agree upon a panel of at least three (3) arbitrators single Arbitrator whose name shall be selected taken from a list of single Arbitrators which was mutually agreed upon 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 dateParties.
(c) The procedure Arbitrator shall hear the grievance and shall render a decision within two (2) working days of such hearings. No written reasons for expedited arbitration the decision shall be as follows:
(1) The parties shall notify provided beyond that which the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases Arbitrator deems appropriate to settle convey a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedecision.
(2d) The parties may submit Arbitration awards shall be of no precedential value and shall not, therefore, be referred to by the arbitrator prior to the hearing a written stipulation Parties in respect of all facts not in disputeany other matter.
(3e) The hearing shall be informal without formal rules of evidence and without a transcript. However, Arbitrators are not allowed to interpret the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorAgreement other than Clause 8.15.
(4f) Within five (5) working days after the hearing, each party may submit a brief written summary All settlements of the issues raised at the hearing and arguments supporting its position. The arbitrator expedited arbitrations shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementbe "without prejudice".
(5g) The arbitrator's settlement Parties shall apply only to equally share the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence cost of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11h) No later than two (2) weeks prior to the scheduled hearing for each grievance, the Union and the Employer shall prepare a statement of agreed facts for presentation at the hearing. They will identify the names of all witnesses that they intend to call and will advise the other Party of the purpose for which that witness is being called. They will also identify any preliminary issues that they intend to raise with the Arbitrator and the remedy being sought.
(i) The time limit for requesting arbitration under this provision Arbitrator's decision shall be final and binding upon the same Parties and no further action may be taken on that grievance by any means.
(j) Notwithstanding the above, either Party may take any grievance to full arbitration as in existing procedures.per Article 9 of this Agreement. Arbitrator - Xx. Xxxx Xxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) 25A.01 The procedures herein will apply to arbitration involving disciplinary action which is specifically subject to arbitration under the collective bargaining agreement.
25A.02 In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 25 of this ArticleAgreement, 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) Article 25 of this ArticleAgreement, 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) Article 25 shall be followed.
(b) 25A.03 As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators five umpires shall be selected by the parties. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire 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.services
(c) 25A.04 The procedure for expedited arbitration shall be as follows:
(1a) The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2b) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3c) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4d) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5e) The arbitrator's umpire’s settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6f) The time limits in (1a) and (4d) of this Section may be extended by agreement of the parties or at the arbitrator's umpire’s request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7g) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9h) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10i) The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11j) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. To invoke expedited arbitration the 7 Union must serve written notice upon the Authority within five (a5) In lieu 8 working days of the procedures specified Director's decision stating its intention to invoke 10 expedited arbitration may be changed or modified in Paragraphs 1 a particular case 11 by the express mutual agreement of the parties. 13 The Authority and the Union shall attempt to have drawn up and 14 ready for selection, a list of mutually acceptable arbitrators who may 15 be contacted directly for the expedited arbitration. Should this not 16 have been done, or should no arbitrator on the list be available, and 17 should the parties within twenty-four (General24) through 4 hours be unable to agree 18 upon an arbitrator, they shall immediately contact the office of the 19 American Arbitration Association to request the first available 20 arbitrator who can hear the case. 22 In the event of death, disability, or subsequent unavailability of 23 the selected or designated arbitrator within the time limits prescribed 24 in this provision, the parties shall select another arbitrator within 25 twenty-four (Conduct of Hearing and Decision of Arbitrator24) of this Articlehours, any grievance involving and, failing such mutual selection within two 26 (2) days, either party may request that the suspension American Arbitration 27 Association make a designation of an individual employeeavailable arbitrator. 29 The arbitrator shall hold an arbitration hearing as expeditiously 30 as possible, except those which also involve an but in no event later than forty-eight (48) hours after 31 receipt of said notice. The decision of the arbitrator shall issue 32 forthwith and in no event later than twenty-four (24) hours after the 33 conclusion 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 hearing. The arbitrator's written opinion will follow 34 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 provideddays. The election arbitrator's decision shall be in writing and, when signed by authorized representatives of final and 35 binding on the parties, Authority and grievant. 37 The arbitration proceedings shall be irrevocable. If no held at the Authority 38 property or such election is made within other place as designated by 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 arbitrator or agreed 39 upon by the parties. 40 41 (b) Regular Arbitration. 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 assignmentshall, 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days 42 of the Union's notice of intent to arbitrate, appoint a member of said 43 Arbitration Board and deliver written notice thereof to the other party, 44 or otherwise forfeit its case. The two (2) members thus appointed shall 45 forthwith proceed to select an additional member of the Board (who 46 shall be an impartial and disinterested person); but should the two (2) 47 members first selected fail to agree upon the other member within ten 48 (10) days after receiving being appointed, they shall request the briefs. He or she shall provide the parties American 49 Arbitration Association to furnish a brief written statement list of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
seven (7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing members of the grievance 50 National Academy of Arbitration or arbitration was delayed a list of seven (7) arbitrators from 51 the Federal Mediation and Conciliation Services, at the specific request discretion of 52 the Company) after the date of the disciplinary action. Delays requested by the Union in party initiating arbitration, from which the Company concurs third member shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.be
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 The parties may mutually agree that a 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 toexpedited arbitration, If theparties agreetoexpedited arbitration, thefollowingprovisions ofthisparagraph shallapply. Immediately upon notification ofthe designated arbitrator, theparties shall arrange a place and date to arbitration conduct a hearing within a period of no more than thirty (30) calendar days, unless the parties agree to a longer period. If the designated arbitrator is not available to conduct a hearing within the thirty (30) calendar days and the parties do not otherwise agree to a longer period, the next panel member in the rotation shall be notified until an available arbitrator is obtained. Nothinghereinprecludes multiple casesbeingheard onthe same day before thesame arbitrator. The hearing shall be conducted under the expedited arbitration procedure hereinafter provided following procedures:
a. The hearing shall be informal;
b. No briefs shall be filed or transcripts made;
c. There shall be noformal rules of evidence, however thearbitrator shallonly rely on credible relevant evidence;
d. The hearing shall normally be completed within fifteen one (151) day;
e. The arbitrator may issue a bench decision at the hearing, but in any event shall render decision within seven (7) calendar days after the filing conclusion of the hearing. Such decision shall be based on the evidence before the arbitrator and shall include a request for arbitrationbrief written explanationofthebasisfor suchconclusion. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Anyarbitratorwhoissuesa benchdecisionshall furnish a written copy of the award tothe parties within seven (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, both parties may, within fifteen (157) 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 close of the parties, shall be irrevocablehearing. 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievanceshall be finaland binding, and the Company and the Union except that it shall not be regarded as precedent or be cited in any future proceeding. The Parties further agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of increase the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessespanel from seven (7) arbitrators to twelve (12) arbitrators.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. 12.01 Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances. The Expedited Arbitration Procedure shall be implemented in light of the circumstances existing within the collective agreement, with due regard to the following.
12.02 An Arbitrator, shall be appointed by the Vice-Chairman - Mediation Services to hear the cases. Their expenses and fees will be borne by the Parties. The fees are to be in an amount agreed to by all three Parties.
(a) In lieu of the procedures specified in Paragraphs 1 Within thirty (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 (1530) 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 receipt of the request for arbitration, elect Step 3 answer the Company or the Union initiating the grievance may by mutual agreement refer it 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 followedExpedited Arbitration.
(b) As soon as possible after this Agreement becomes final and binding, a panel The date of at least three (3) arbitrators the hearing 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 calendar days after receiving of the appeal unless an assignment, extension of time is mutually agreed upon by all three parties.
12.04 Grievances shall be presented in the case will Expedited Arbitration Procedure by a previously designated Local Union 2952 Committee member and a designated representative of the local Plant Management. Attendance of other persons at the Arbitration hearing shall be passed limited to those who have personal knowledge of 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 dategrievance being presented.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3a) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator informal
(b) No briefs shall be satisfied himself filed or herself transcripts made
(c) There shall be no formal evidence rules
(d) The Arbitrator shall have the obligations of assuring that all necessary facts and considerations are brought before him by the evidence submitted is representatives of a type on which the parties. In all respects, he or she can rely, shall assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4e) Within five (5) working days after If the hearing, each party may submit a brief written summary of Arbitrator or the issues raised parties conclude at the hearing and arguments supporting its position. The arbitrator that the issues involved are of such complexity or significance that the case should require further consideration by the parties, the case shall give his or her settlement within five (5) working days after receiving be referred back to the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementinitiating party for final deposition.
(5f) The arbitrator's settlement If the Arbitrator concludes that the case is not appropriate for the Expedited Arbitration process, the case shall apply only be referred back to the instant grievance which shall be settled thereby. It shall not constitute a precedent initiating party for other cases or grievances and may not be cited or used further determination as a precedent in other arbitration matters between if at the parties unless the settlement or modification thereof is adopted by the written concurrence conclusion of the representatives of each party at the last step Third Stage of the grievance procedure.
(6g) The time limits in Arbitrator shall render his written decision within five (15) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after workdays following the date of the disciplinary actionhearing. Delays requested Their decision shall be based on the facts presented by the Union in which parties at the Company concurs hearing, and shall include a brief written explanation of the basis for their conclusion. Except with respect to the specific grievor these awards will not be included cited as a precedent at any discussion of any other grievances at any stage of the grievance procedure or in such additional timeany subsequent Arbitration, and will be considered binding by both parties.
12.06 (8) In case of suspension, the arbitrator shall a) Grievances subject to this Expedited Arbitration Procedure must be confined to issues which do not involve novel problems and which have authority to mitigate limited contractual significance or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspendedcomplexity.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu If no settlement is reached in Step 2 of the procedures specified Grievance Procedure, the Local Union Grievance Committee or the Company may appeal the grievance(s) to the Expedited Arbitration Procedure. Grievances appealed to the Expedited Arbitration procedure must have mutual agreement from the parties before proceeding. The party appealing the grievance(s) to Expedited Arbitration shall notify the other party in Paragraphs 1 writing within fourteen (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 (1514) calendar days after of the filing final disposition of the grievance(s) at Step 2 of the grievance procedure. If the Company and Union representatives agree that the issue should be handled in Expedited Arbitration, it should proceed as follows: The date for the hearing with a request for arbitration. In all other grievances involving disciplinary action which are specifically subject mutually agreed-to arbitration under Paragraphs 1 Arbitrator shall be within thirty (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, both parties may, within fifteen (1530) calendar days after the filing of the request for arbitration, elect appointment unless an extension of time is mutually agreed by the Company and the Union. Grievances shall be presented in the Expedited Arbitration Procedure by a designated representative of the Local Union and designated representative of the Company and neither shall have completed a formal legal degree. Witnesses’ attendance at the hearing will be limited to use the expedited arbitration procedure hereinafter providedtime necessary to give their testimony. The election hearing shall be conducted in writing and, when signed by authorized representatives of accordance with 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 followsfollowing:
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3i) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator informal.
(ii) No briefs shall be satisfied himself filed or herself transcripts made.
(iii) There shall be no formal evidence rules.
(iv) The Arbitrator shall have the obligation of assuring that all necessary facts and considerations are brought before them by the evidence submitted is representatives of a type on which he or she can relythe parties. In all respects, they shall assure that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4v) Within five (5) working days after If the hearing, each party may submit a brief written summary of the issues raised Arbitrator concludes or both parties agree at the hearing that the issue should be withdrawn from Expedited Arbitration, the case shall be referred back to Step 2 of the grievance procedure and arguments supporting its positionit shall be processed as though appealed on such date. The arbitrator Expedited Arbitrator shall give his or her settlement within five (5) working days after receiving have the briefs. He or she shall provide same powers and be subject to the parties a brief written statement same limitations as the Board of Arbitration save and except as expressly provided in the reasons supporting his or her settlementfollowing paragraphs.
(5vi) The arbitrator's settlement decision of the Expedited Arbitrator shall apply only be applicable to the instant grievance which shall be settled thereby. It cases in question and shall not constitute a precedent for other cases or grievances and may not nor be cited or used by either party as a precedent in other arbitration matters between future cases. Notwithstanding any condition contained in this Agreement, the parties unless the settlement or modification thereof is adopted by the written concurrence decision of the representatives Expedited Arbitrator shall: − Be consistent with the provisions of each party at the last step of this Agreement, and − Be confined to the grievance procedurereferred to them.
(6vii) The time Time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedurewritten mutual agreement.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of the procedures specified in Paragraphs 1 (General) through 4 (Conduct groups 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 grievances considered suitable for 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 All grievances shall be considered suitable for and binding, a panel of at least three resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) arbitrators shall be selected by suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the
(6) grievances relating to Article 14—Hours of Work of the parties. Each arbitrator shall serve until the termination Main Agreement;
(7) grievances requiring presentation of this Agreement unless his or her services are terminated earlier by written notice from either extrinsic evidence;
(8) grievances where a party intends to the other. The arbitrator shall be notified of his or her termination by raise 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 preliminary objection;
(9) demotions; or
(10) working days after receiving an assignmentgrievances that are related to a matter already filed at formal arbitration. By mutual agreement, a grievance falling into any of these categories may be placed into 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 dateexpedited arbitration process.
(c) The procedure for expedited arbitration parties shall mutually agree upon single arbitrators who shall be as follows:appointed to hear and resolve groups of grievances.
(1d) The parties Arbitrator shall notify hear the arbitrator in writing on grievances and shall render a decision within two working days of such hearings. No written reasons for the day decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of agreement or date of arbitration demands in suspension cases no precedential value and shall not thereafter be referred to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (b) above, may be removed from the expedited arbitration process and forwarded to a regular arbitration hearing pursuant to Clause 9.2, provided this occurs more than four weeks prior to the scheduled hearing date.
(2h) The parties may submit will utilize case conference to mutually agree on the arbitrator grievances set down for expedited arbitration, but all files must be set no later than four weeks prior to the expedited hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcriptdate. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide Once the parties mutually agree to set a brief written statement of the reasons supporting his grievance down for expedited arbitration at or her settlement.
(5) The arbitrator's settlement shall apply only after case conference, it cannot unilaterally be forwarded to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other regular arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by without mutual agreement of the parties or at the an order of an arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7i) In all suspension or dismissal grievances submitted to arbitration under The parties shall equally share the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing cost of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing rooms.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Public Service Agreement
Expedited Arbitration. (a) In lieu of the procedures specified elsewhere in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 8 of this ArticleAgreement, any disciplinary grievance involving the suspension of an individual employeeemployee can, except those which also involve an issue with mutual agreement of arbitrability, contract interpretationthe parties hereto, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall employee if not represented by the PBA, be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar 14 days after the filing of a request for arbitrationdisciplinary grievance. 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) Article 8 of this ArticleAgreement, both parties the PBA may, within fifteen (15) calendar 14 days after the filing of the request a demand for arbitrationarbitration under Article 8.2(e), elect propose to use the expedited arbitration procedure hereinafter provided. The election Either party may propose use of this procedure, but it shall be in writing and, when signed and must be agreed to by authorized representatives of both 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) Article 8 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 by mutual agreement the parties terminate the arbitrator’s services are terminated earlier by written notice from either party to the otherearlier. The arbitrator shall be notified of his or her any termination by a joint letter from the parties. The arbitrator shall conclude his or her service by settling their services upon conclusion of any grievance previously heardoutstanding arbitrations. A successor arbitrator shall be selected by the parties. Arbitrators shall be assigned cases in rotating order designated by the partiesas described below. 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:
(1a) The panel of arbitrators shall be assigned a number in rotation.
(b) The parties shall rank the next five members of the panel in rotation and the member with the highest ranking shall serve as arbitrator.
(c) The five members shall be randomly assigned a number (remixed) after each rotation is complete.
(d) The parties shall notify the arbitrator in writing on the day of agreement or date of the arbitration demands demand in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedate which must be within 30 days.
(2e) The parties may must submit to the arbitrator five days prior to the hearing a written stipulation of all facts not in dispute.
(3f) The hearing parties shall be informal without formal rules present an oral closing argument of evidence and without a transcriptthe case. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair onealternatively, and that all facts necessary to a fair settlement by mutual agreement only, and reasonably obtainable are brought before the arbitrator.
(4) Within within five (5) working days after the hearing, hearing each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement an award within five (5) working days after the hearing, or when applicable after receiving the briefs. He or she The arbitrator shall provide the parties a brief written statement of the reasons supporting his or her settlementtheir award.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6g) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10h) The decision of the arbitrator will settle the grievance, be final and the Company and the Union agree to abide by such decisionbinding. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company Employer and the Union PBA in equal parts. Each party parts except in cases where the employee is not represented by the PBA, in which cases the costs shall bear be borne by the expense of its representatives employee and witnessesthe Employer, as per Article 8.2(j).
(11i) The time limit for requesting power, authority and restrictions applicable to a disciplinary arbitrator under Article 8 shall apply under the expedited arbitration under this provision shall be the same as in existing proceduresprocedure.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) 17.1 In lieu of, or in addition to, any other action at law or equity, including use of the procedures specified in Paragraphs 1 regular Grievance procedure, any party may institute the following expedited procedure when a breach of Article 16 (GeneralNo Strike/No Lockout) through 4 (Conduct is alleged:
17.1.1 The party invoking this procedure shall notify the other party of Hearing and Decision of Arbitrator) the alleged breach of this Article, any grievance involving Article and 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 notifying party’s desire that the subject of an administrative charge or court action shall dispute be submitted to arbitration under the expedited arbitration pursuant to the streamlined procedures set forth in this Article. Notice to the party alleged to be in violation shall be by the most expeditious means available, and notice by electronic mail shall be deemed sufficient.
17.1.2 The parties will mutually agree upon two permanent Arbitrators who will decide disputes under this procedure. The party invoking this procedure hereinafter provided within fifteen (15) calendar days after shall notify either of the filing of a request for arbitrationpermanent Arbitrators. In all other grievances involving disciplinary action which are specifically subject the event that neither of the permanent Arbitrators is available, JAMS shall select an alternative arbitrator pursuant to arbitration under Paragraphs 1 its Comprehensive Arbitration Rules and Procedures within twenty-four (General24) through 4 (Conduct hours of Hearing and Decision of Arbitrator) notice.
17.1.3 If the alleged violation 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 Article is made within the foregoing time periodongoing, 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 appointed 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 set and hold a hearing within ten twenty-four (1024) working days after receiving an assignmenthours of his/her appointment. If the alleged violation is not ongoing, the case will be passed to the next arbitrator. If no one can hear the case appointed arbitrator shall set and hold a hearing within ten seven (107) 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 days of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitrationhis/her appointment. The arbitrator shall notify the parties in writing by facsimile or electronic mail of the hearing date.
(2) The parties may submit to , time, and location of the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) hearing. The hearing shall be informal without formal rules completed in one session, and the parties shall be permitted to make closing arguments, but shall not submit post-hearing briefs. A failure of evidence and without a transcript. However, any party to attend the hearing shall not delay the hearing or the issuance of the arbitrator’s award.
17.1.4 The sole issue to be decided by the arbitrator shall be satisfied himself whether or herself that the evidence submitted is of not a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) violation of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situationsArticle has occurred. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add toconsider any matter in justification, subtract from explanation, or modify mitigation of such alleged violation. The arbitrator shall issue an award in writing within three (3) hours after the close of the hearing and may order cessation of any provisions and all ongoing actions or conduct deemed to be in violation of this AgreementArticle. The arbitrator’s award may be issued without an opinion and shall be served upon the parties by hand, facsimile, or electronic mail upon issuance. If any party desires an opinion, the arbitrator shall issue an opinion within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the award.
(10) 17.1.5 The decision arbitrator’s award shall be final, binding, and non-reviewable as to the merits. The award may be enforced by a court of competent jurisdiction upon the filing of this Agreement and all other relevant documents. Notice of the arbitrator filing of such enforcement proceedings shall be given to the other party by facsimile or electronic mail transmission. In any such proceeding seeking a temporary restraining order to enforce an arbitrator’s award issued under this Article, the parties waive the right to a hearing and agree that the party seeking to enforce the award may proceed ex
17.1.6 The parties expressly waive any rights created by statute or law governing arbitration proceedings to the extent that they are inconsistent with the expedited arbitration procedures set forth in this Article or will settle the grievance, and the Company and the Union agree to abide by interfere with such decision. expedited procedures.
17.1.7 The compensation fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company party or parties found to be in violation of this Article, or in the event no violation is found, by the moving party.
17.1.8 If the arbitrator determines that a work stoppage has occurred in violation of this Article, the Union shall, within four (4) hours of receipt of the arbitrator’s award, direct all of employees participating in such work stoppage to cease the work stoppage immediately and to abide by and follow any directives from the Employer concerning such employees’ return to work. The Union shall provide the Employer with copies of any written materials it distributes to employees concerning the cessation of the work stoppage and/or their return to work or, if such direction is provided orally, shall provide the Employer with a notice describing the direction given to employees and a description of how that direction was provided.
17.2 The parties agree that in view of the Employer’s key position in the community as a call center operator for Community Choice Aggregators, which are a public service requiring continuous service, and the Union in difficulty of proving damages for the Union’s violation of this Article, the arbitrator may award liquidated damages for any violation of this Article. Liquidated damages are equal parts. Each party shall bear to $10,000 per shift of violation, starting with the expense first full shift after notice of its representatives and witnesses.
(11) The time limit for requesting arbitration violation is provided under this provision shall be the same Article, or as in existing proceduresotherwise provided by proof of same.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. Any Contractor or Signatory Union alleging a violation of Section 1 of this Article may utilize the expedited procedure set forth below.
(ai) A party invoking this procedure shall give notice in writing to the Owner and the PLA Project Manager. The Owner, acting by its designee, shall serve as a member of an Arbitration Panel, together with a Council representative, and with a third-party neutral arbitrator to be selected by agreement of the Council and Owner. The Owner and Council representatives may, alternatively, designate a sole arbitrator from the American Arbitration Association to hear the case. In either event, the Owner, Council representative, or their respective designees, shall provide copies of such notification to the alleged violator, the Council and PLA Project Manager.
(ii) In lieu all cases where it Is contended that a violation of Section 1 of this Article is ongoing, the Arbitrator or Arbitration Panel, as the case may be, shall promptly schedule and hold a hearing within forty-eight (48) hours of receipt of the procedures specified written notice of the alleged violation, exclusive of weekends and holidays, or as soon thereafter-as is reasonably practical.
(iii) All notices pursuant to this Article shall be in Paragraphs 1 writing and shall be served by hand or fax transmission, confirmed by overnight delivery, addressed to the Arbitrator or Arbitration Panel, Contractors and/or Signatory Unions involved. The hearing shall be completed in one (General1) through 4 session, which shall not exceed eight (Conduct 8) hours duration (no more than four (4) hours being allowed to either side to present their case and to conduct their cross-examination), unless otherwise agreed. A failure of Hearing and Decision any Union or Contractor to attend the hearing shall not delay the hearing of Arbitratorevidence by those present or the issuance of an award by the Arbitrator or Arbitration Panel.
(iv) The sole issue at the hearing shall be whether a violation of this ArticleArticle has occurred. If a violation is found to have occurred, the Arbitrator or Arbitration Panel shall issue a Cease and Desist Award, restraining such violation (the Award), granting such other relief as deemed appropriate and serve copies of the Award on the Contractors and Signatory Unions involved and the PLA Project Manager. The Arbitrator or the Arbitration Panel shall not have any authority to consider any matter in justification, explanation or mitigation of such violation, or to award any relief other than a cease and desist order, with all other remedies being reserved by the respective parties. At any time before the issuance of the Award, the Arbitrator or the Arbitration Panel may attempt to mediate a settlement of the matter by informal discussions among the affected parties, without delaying, however, any grievance involving of 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 time constraints established under this Article. The Award shall be submitted to arbitration under issued in writing within three (3) hours after the expedited arbitration procedure hereinafter provided close of the hearing, and may be issued without a written supporting opinion. If any involved party desires such an opinion, one shall be issued within fifteen (15) calendar days after receipt of a written demand, but its issuance shall not delay compliance with, or enforcement of, the Award.
(v) An Award issued under this procedure shall be final and binding and may be enforced by any court of competent jurisdiction upon the filing of a request for arbitrationthis Agreement together with the Award. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 (General) through 4 (Conduct Notice 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 such enforcement proceedings shall be given to the Signatory Union or Contractor involved and the PLA Project Manager. Except as otherwise expressly modified or waived by the terms of this Agreement, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the statutes and laws governing the arbitration of disputes in writing the State of New York, including, without limitation, Article 75 of the New York Civil Practice Law and Rules and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within the foregoing time periodwhere applicable, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followedFederal Arbitration Act.
(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.
(cvi) 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence fees and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine whatexpenses, if any, remedy is appropriate. If of each Arbitrator shall be equally divided between the arbitrator awards back payContractor and Signatory Union involved, the employee shall receive pay for time lost at the employee's Adjusted Rate plus regardless of outcome, provided further, however, that any tour differentials compensation and reimbursement paid to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision employees of the arbitrator will settle Owner who serve as Arbitrators shall be paid solely by the grievance, Owner and the Company and the Union agree to abide by such decision. The any compensation and expenses reimbursement paid to employees of the arbitrator and the general expenses of the arbitration Council who serve as Arbitrators shall be borne paid solely by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesCouncil.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Project Labor Agreement
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 A party to a collective agreement may refer a difference respecting its interpretation, application, operation or work stoppage (strike) activity and those which are also alleged violation, including a question as to whether a matter is arbitrable, to the subject of an administrative charge or court action shall be submitted to arbitration under the director for resolution by 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 No difference may 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 referred to the other. The arbitrator shall be notified director under this Article unless
(i) the grievance procedure under the Collective Agreement has been exhausted, and
(ii) the application is made within forty-five (45) days of his or her termination by the completion of the steps of the grievance procedure preceding 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 reference 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 datearbitration.
(c) The procedure for expedited arbitration shall No difference under the Collective Agreement may be as follows:referred to the director under this Article if
(1i) The parties the difference has been referred to arbitration under the Collective Agreement by the party who wishes to refer it under this Article, or
(ii) the time, if any, stipulated in or permitted under the Collective Agreement for referring the difference to arbitration has expired.
(a) If a difference is referred to the director within the time periods specified in this Article, the director
(i) shall notify appoint an arbitrator to hear and determine the matter arising out of the difference.
(ii) shall fix the date on which the hearing by the arbitrator in writing on will commence, which date must be within twenty-eight (28) days after the day of agreement or date of arbitration demands in suspension cases on which the difference was referred to settle the director, and
(iii) may, if a grievance by expedited arbitration. The arbitrator shall notify party so requests and the other party agrees, appoint a settlement officer to assist the parties in writing of settling the hearing dategrievance before the hearing.
(2b) The parties may submit to the arbitrator prior to the hearing If a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. Howeversettlement officer is appointed under Article 1(d), the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can relysettlement officer shall, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He appointment or she shall provide within such further time as the director may allow,
(i) inquire into the difference,
(ii) endeavour to assist the parties a brief written statement in settling the difference, and
(iii) report the director on the results of the reasons supporting his or her settlementinquiry and the success of the settlement effort.
(5c) The arbitrator's settlement If the parties are unable to settle the difference, the arbitrator appointed under Article 1
(d) shall apply only proceed to hear and determine the matter arising out of the difference and shall, subject to Article 1(g), issue a decision within twenty-one (21) days after the conclusion of the hearing.
(d) If jointly requested to do so by the parties to the instant grievance which difference, the arbitrator appointed under Article 1(d) shall, if possible, issue an oral decision within one day after the conclusion of the hearing and shall be settled thereby. It shall not constitute a precedent for other cases issue written reason within the time specified in Article 1(f).
(e) An arbitrator appointed under Article 1(d) has all the power and jurisdiction of an arbitrator appointed under this Code or grievances and may not be cited or used as a precedent in other arbitration matters the collective agreement between the parties unless to the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance proceduredifference.
(6f) The time limits This section applies to every party to the Collective Agreement and every person bound by a Collective Agreement, despite any provision in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Collective Agreement.
(10g) The decision other provisions of the arbitrator will settle the grievance, and the Company and the Union agree Part apply to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting an arbitration under this provision shall be Article, with the same as in existing proceduresmodifications necessary to accommodate appointments and expedited processes under this Article.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. 51.01 In the event of any dispute under this Lease with respect to whether Landlord has unreasonably withheld, conditioned or delayed its consent in any instance when Landlord’s consent was not to be unreasonably withheld or delayed (a) In lieu of the procedures specified in Paragraphs 1 (General) through including, without limitation, with respect to any proposed assignment or subletting pursuant to Article 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, and/or to any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretationAlterations pursuant to Article 8, or work stoppage (strike) activity and those which are also with respect to any other matter hereunder that may expressly be resolved by expedited arbitration pursuant to this Article 51), either party shall have the subject of an administrative charge or court action shall be submitted right to submit such dispute to arbitration in the City of New York 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 procedures of the request for Commercial Arbitration Rules of the American Arbitration Association (presently Rules E-1 through E-10); provided, however, that with respect to any such arbitration, elect (i) the list of arbitrators referred to use the expedited arbitration procedure hereinafter provided. The election in Rule E-4 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement returned within five (5) working days after receiving from the briefs. He or she shall provide date of mailing; (ii) the parties a brief written statement shall notify the American Arbitration Association by telephone, within four (4) days of any objections to the arbitrator appointed and will have no right to object if the arbitrator so appointed was on the list submitted by the American Arbitration Association and was not objected to in accordance with Rule E-4; (iii) the Notice of Hearing referred to in Rule E-7 shall be four (4) days in advance of the reasons supporting his or her settlement.
hearing; (iv) the hearing shall be held within five (5) The arbitrator's settlement shall apply only to days after the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence appointment of the representatives of each party at the last step of the grievance procedure.
arbitrator; (6v) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority no right to mitigate or modify award damages; and (vi) the discipline imposed decision and determine what, if any, remedy is appropriateaward of the arbitrator shall be final and conclusive on the parties. The time periods set forth in this Article 51 are of the essence. If any party fails to appear at a duly scheduled and noticed hearing for any reason other than an Unavoidable Delay, the arbitrator awards back pay, is hereby expressly authorized to enter judgment for the employee appearing party. The arbitrators conducting any arbitration shall receive pay for time lost at be bound by the employee's Adjusted Rate plus any tour differentials to which provisions of this Lease and shall not have the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority power to add to, subtract from from, or otherwise modify such provisions. Landlord and Tenant agree to sign all reasonable documents and to do all other things reasonably necessary to submit any provisions such matter to arbitration and further agree to, and hereby do, waive any and all rights they or either of this Agreement.
(10) The them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder which shall be binding and conclusive on the parties and shall constitute an “award” by the arbitrator within the meaning of the American Arbitration Association rules and Applicable Laws. Judgment may be had on the decision and award of the arbitrators so rendered in any court of competent jurisdiction. Each arbitrator will settle shall be a qualified, disinterested and impartial person who shall have had at least ten years’ experience in New York City in a calling connected with the grievancematter of the dispute. Landlord and Tenant shall each have the right to appear and be represented by counsel before said arbitrators and to submit such data and memoranda in support of their respective positions in the matter in dispute as may be reasonably necessary or appropriate under the circumstances. Each party hereunder shall pay its own costs, fees and expenses in connection with any arbitration or other action or proceeding brought under this Article 51, and the Company expenses and fees of the Union agree arbitrators selected shall be shared equally by Landlord and Tenant; provided, that, to abide the extent the arbitrator determines that a party significantly prevailed in a dispute, all of the actual reasonable out-of-pocket costs incurred by such decision. The compensation and expenses of the arbitrator and the general expenses of the party in connection with such arbitration shall be borne by the Company unsuccessful party; it being understood and agreed that the Union mere fact that the arbitrator may rule in equal parts. Each the favor of a particular party shall bear not mean per se that such party prevailed “significantly” on the expense matter which is the subject of its representatives dispute. Notwithstanding any contrary provisions hereof, Landlord and witnesses.
Tenant agree that (11i) The time limit for requesting arbitration the arbitrators may not award or recommend any damages to be paid by either party and (ii) in no event shall either party be liable for, nor shall either party be entitled to recover, any damages. Neither party shall have ex parte communications with any arbitrator selected under this provision shall be Article 51 following his or her selection and pending completion of the same as in existing proceduresarbitration hereunder.
Appears in 1 contract
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleb), any grievance involving the suspension of an any 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 arbitrationarbitration by the Union. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Section 27.01, Paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) of this ArticleAgreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitrationarbitration by the Union, elect to use the expedited arbitration procedure Expedited Arbitration Procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If irrevocable if no such election is made within the foregoing specified time period, the arbitration procedure in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) shall be followed.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three ten (310) arbitrators umpires shall be selected by the partiesJoint Advisory Committee. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the partiesJoint Advisory Committee. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire 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 umpire in writing on the day of agreement or date of arbitration demands demand in a suspension cases case to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal informal, without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied satisfy himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair afair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedureparties.
(6) The time limits in section (c) (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's umpire’s request, ; in either case, case only in emergency situations. Such , such extensions shall not circumvent the purpose of this expedited procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this section, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(109) The decision of the arbitrator umpire will settle the grievance, grievance and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(1110) The time limit for requesting arbitration under this provision section shall be the same as set forth in existing proceduresSection 27.01, paragraph (b).
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu of By mutual agreement, 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 parties may utilize expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after as an alternative to 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 aforementioned arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives for a specific grievance or group 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 followedgrievances.
(b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall be selected by Where 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 parties mutually agree 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 assignmentutilize expedited arbitration, the case following procedure 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 followsapply:
(1) The parties shall notify the arbitrator in writing on the day All settlements of agreement or date of expedited arbitration demands in suspension cases prior to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datewill be without prejudice.
(2) The parties may submit 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 arbitrator grievance. Disclosure must be provided no later than 30 days prior to the hearing a written stipulation expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 21 days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of all facts not in disputeparticulars and documents up to and including the expedited arbitration date.
(3) The hearing shall All presentations will be informal without formal rules of evidence short and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair oneconcise, and that all facts necessary each party will provide a comprehensive opening statement. The parties may make only limited use of authorities during their presentations. The parties will make every effort to a fair settlement and reasonably obtainable are brought before the arbitratormake use of an agreed to statement of facts.
(4) Within five (5The Arbitrator will hear the grievance(s) working days after the hearing, each party may submit and will render a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement decision within five (5) working days after receiving of such hearing(s). No written reasons for the briefs. He or she shall provide decision will be provided beyond those that the parties Arbitrator deems appropriate to convey a brief written statement of the reasons supporting his or her settlementdecision.
(5) The arbitrator's settlement shall apply only Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the instant grievance which shall grievance. Any such resolution will be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedurewithout prejudice.
(6) The time limits in (1) and (4) of this Section may be extended by agreement All decisions of the Arbitrator will be limited in application to the particular dispute and without prejudice. Expedited arbitration awards will be of no precedential value and will not thereafter be referred to by the parties or in respect of any other matter. The Arbitrator will include these statements at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose beginning of this proceduretheir award.
(7) In all suspension or dismissal grievances submitted to arbitration under The parties will equally share the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing cost of the grievance or arbitration was delayed at the specific request fees and expenses of the Company) after the date Arbitrator, and will make efforts to minimize those expenses in accordance with Clause 10.6 (Expenses of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional timeArbitrator).
(8) In case of suspensionThe expedited Arbitrator, the arbitrator who shall have authority act as a sole arbitrator, will be mutually agreed to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesparties.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleb), any grievance involving the suspension of an any 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 arbitrationarbitration by the Union. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 Section 27.01, Paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) of this ArticleAgreement, both parties may, within fifteen (15) calendar days after the filing of the request for arbitrationarbitration by the Union, elect to use the expedited arbitration procedure Expedited Arbitration Procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If irrevocable if no such election is made within the foregoing specified time period, the arbitration arbitration procedure in Paragraphs 1 section 27.01, paragraph (General) through 4 (Conduct of Hearing and Decision of Arbitratorb) shall be followed.
(b) . As soon as possible after this Agreement becomes final and binding, a panel of at least three ten (310) arbitrators umpires shall be selected by the partiesJoint Advisory Committee. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the partiesJoint Advisory Committee. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator umpire 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 umpire in writing on the day of agreement or date of arbitration demands demand in a suspension cases case to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2) . The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3) . The hearing shall be informal informal, without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied satisfy himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) umpire. Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) settlement. The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) parties. The time limits in section (c) (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's umpires request, ; in either case, case only in emergency situations. Such , such extensions shall not circumvent the purpose of this expedited procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this section, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) . The decision of the arbitrator umpire will settle the grievance, grievance and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) . The time limit for requesting arbitration under this provision section shall be the same as set forth in existing proceduresSection 27.01, paragraph (b). Section 28.01 Joint Advisory Committee A Joint Advisory Committee will be created consisting of three Union representatives from the CWA, and three Management Representatives from the Company. The District 4 International Representative will appoint the CWA representatives and the vice president of operations or his/her designee will appoint the Company representatives. It shall be the function of the Joint Advisory Committee to study and make recommendations to the parties hereto with respect to such matters as may be presented to the Joint Advisory Committee relating to this Agreement or to any of the company’s plans or practices affecting the educational, health, welfare and social status of the employees. In addition, as may be required, matters regarding technological change in the business of the Company, will be reviewed by the Joint Advisory Committee as provided. Meetings of the Joint Advisory Committee on such matters may be called on a monthly basis.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. Expedited arbitration shall refer to a system of rights arbitration incorporating procedures specifically designed to reduce delay and / or cost in the hearing and issuance of an award.
(a) In lieu All grievances except dismissals, rejection on probation, demotion, suspensions greater than ten (10) days, or policy grievances requiring substantial interpretation of a provision of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing Collective Agreement may be considered suitable for 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 resolved by 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 upon mutual agreement 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 followedParties.
(b) As soon as possible after this Agreement becomes final and binding, The Parties shall mutually agree upon a panel of at least three (3) arbitrators single Arbitrator whose name shall be selected taken from a list of single Arbitrators which was mutually agreed upon 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 dateParties.
(c) The procedure Arbitrator shall hear the grievance and shall render a decision within two (2) working days of such hearings. No written reasons for expedited arbitration the decision shall be as follows:
(1) The parties shall notify provided beyond that which the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases Arbitrator deems appropriate to settle convey a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datedecision.
(2d) The parties may submit Arbitration awards shall be of no precedential value and shall not, therefore, be referred to by the arbitrator prior to the hearing a written stipulation Parties in respect of all facts not in disputeany other matter.
(3e) The hearing shall be informal without formal rules of evidence and without a transcript. However, Arbitrators are not allowed to interpret the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorAgreement other than Clause 8.15.
(4f) Within five (5) working days after the hearing, each party may submit a brief written summary All settlements of the issues raised at the hearing and arguments supporting its position. The arbitrator expedited arbitrations shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlementbe "without prejudice".
(5g) The arbitrator's settlement Parties shall apply only to equally share the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence cost of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator Arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11h) No later than two (2) weeks prior to the scheduled hearing for each grievance, the Union and the Employer shall prepare a statement of agreed facts for presentation at the hearing. They will identify the names of all witnesses that they intend to call and will advise the other Party of the purpose for which that witness is being called. They will also identify any preliminary issues that they intend to raise with the Arbitrator and the remedy being sought.
(i) The time limit for requesting arbitration under this provision Arbitrator's decision shall be final and binding upon the same Parties and no further action may be taken on that grievance by any means.
(j) Notwithstanding the above, either Party may take any grievance to full arbitration as in existing procedures.per Article 9 of this Agreement. Arbitrator – Xxxx Xxxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. (a) In lieu a. Prior to the completion of the procedures specified grievance procedure an unresolved grievance may be referred to expedited arbitration only with the mutual agreement of the parties. After completion of the grievance procedure but prior to referral to arbitration, the party originating the grievance may refer the matter to expedited arbitration. If in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articlea given case, 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 parties elect to arbitration under utilize the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after provision under 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) Labour Relations Code, the provisions 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 Article A.6.10 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 rendered null and Decision of Arbitrator) shall be followedvoid for that case.
(bb. All grievances except the following may be referred to expedited arbitration:
i) As soon as possible after this Agreement becomes final and bindingdismissals;
ii) suspensions, and;
iii) policy or general grievances. By mutual agreement a panel of at least three (3) arbitrators shall grievance falling into these categories may 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 referred 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 dateexpedited arbitration.
(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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) c. Within five (5) working days after of a decision by the hearingparties to refer a matter to expedited arbitration, each party may submit a brief written summary single arbitrator shall be selected from the list below. Unless the parties agree otherwise and subject to A.6.10.4 the arbitrator shall be selected on a rotational basis. Nothing shall prevent the parties from mutually agreeing to an arbitrator not included on the list.
d. Within twenty (20) working days of the issues raised at grievance being referred to expedited arbitration, the hearing and arguments supporting its position. The arbitrator shall give his or her settlement hear the grievance and shall then render a final and binding decision within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters mutually agreed between the parties unless and the settlement or modification thereof is adopted arbitrator.
e. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision. Expedited arbitration decisions shall be of no precedential value and shall not thereafter be referred to by the written concurrence of the representatives of each party at the last step of the grievance procedureparties in respect to any other matters.
(6) f. The time limits in (1) and (4) parties shall share equally the costs of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesarbitrator.
(11) g. The time limit for requesting arbitration under this provision list of arbitrators to be selected shall be the same as in existing procedures.be: Xxxx Xxxxxx Xxx Xxxxxx Xxxx Xxxx Xxxx Xxxxxx Xxx Xxxxxxx Xxxxx Ready Xxxxx Xxxxxx
Appears in 1 contract
Samples: Provincial Collective Agreement
Expedited Arbitration. (a) In lieu Notwithstanding any other provision of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances, including certain grievances concerning discipline as provided for in this Section:
A. A panel of arbitrators shall be mutually agreed upon by the parties. When the panel is ready to function, the local parties will be informed so that the procedure may be utilized. A number sufficient to ensure the intended operation of this procedure shall be selected. Their expenses and fees shall be borne equally by the Company and the Local Union. The Expedited Arbitration Procedure shall be implemented in light of the procedures specified circumstances existing at the Plant, with due regard to the following:
1. Upon receipt the Company’s Step 3 decision, the Step 3 representatives may agree, in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of writing, to appeal the grievance to an arbitrator under this ArticleExpedited Arbitration Procedure. However, 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 such appeal shall first be submitted to arbitration under the Fourth Step representative of each party. If within five (5) days of receipt of the appeal, either parties Fourth Step representative disapproves, the appeal shall not be submitted to this expedited arbitration and the Step 3 representatives shall be so notified. Time requirements for regular appeal to Step 4 shall then commence.
2. The appeal shall be made within ten (10) calendar days of receipt of the Company’s Step 3 decision.
3. All grievances appealed to Step 4 of the grievance procedure hereinafter provided shall be reviewed by each respective Fourth Step Representative and within ten (10) days after receipt of appeal of such grievance, either Fourth Step Representative may communicate with the other and then jointly determine whether such grievance warrants disposition in the Fourth Step, or is appropriate for Expedited Arbitration. They may, therefore, agree to refer such grievance back to the Third Step parties for review and disposition. Any grievance referred back to the Third Step parties and for which no agreement can be reached for disposing of the same, may then be appealed by the Secretary of the Grievance Committee to the Expedited Arbitration Procedure. Such appeal shall be made within fifteen (15) calendar days (excluding Saturdays, Sundays and holidays) after the filing of date the grievance is referred back to Step 3. If the grievance is not appealed to the Expedited Arbitration Procedure, it shall be considered withdrawn.
4. As soon as it is determined that a request for arbitrationgrievance is to be processed under this procedure, the designated arbitrator shall be notified. 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 The designated arbitrator is that member of the request panel who, pursuant to a rotation system is scheduled for arbitrationthe next arbitration hearing. Immediately upon such notification, elect the designated arbitrator shall arrange a place and date for the hearing to use take place not more than ten (10) days thereafter. If the expedited arbitration procedure hereinafter provideddesignated arbitrator is not available to conduct a hearing within the ten (10) days, the next panel members in rotation shall be notified until an available arbitrator is obtained.
B. The hearings shall be conducted in accordance with the following:
1. The election hearing shall be in writing and, when signed informal.
2. No briefs shall be filed or transcripts made.
3. There shall be no formal evidence rules.
4. Each party’s case shall be presented by authorized a previously designated Local representative.
5. The arbitrator shall have the obligation of assuring that all necessary facts and considerations are brought before him by the representatives of the parties. In all respects, he shall be irrevocableassure that the hearing is a fair one.
6. If no the arbitrator or the parties mutually agree at the hearing that the issues involved are of 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 complexity or significance as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall be selected to require further consideration by the parties. Each arbitrator , the case shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party be referred to the otherFourth Step and it shall be processed as though appealed on such date.
7. The arbitrator shall be notified of his or her termination by issue a joint letter from decision no later than 48 hours after 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 writing conclusion of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing excluding Saturdays, Sundays and holidays). His decision shall be informal without formal rules of evidence based on the records developed by the parties before and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties include a brief written statement explanation of the reasons supporting basis for his or her settlement.
(5) The arbitrator's settlement conclusion. These decisions shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence any discussion of the representatives of each party grievances at the last any step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at procedure, but will be final and binding on the specific request of the Company) after the date of the disciplinary actionparties. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have The authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as that provided in existing proceduresthis Article and Article 9.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration.
(a) In lieu The parties shall meet every three (3) months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of the procedures specified in Paragraphs 1 (General) through 4 (Conduct groups 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 grievances considered suitable for 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 All grievances shall be considered suitable for and binding, resolved by expedited arbitration except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a panel provision of at least three the Agreement;
(3) arbitrators shall grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be selected by placed into 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 dateexpedited arbitration process.
(c) The procedure parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances. The arbitrators shall be selected from the following list. ➢ Xxx Xxxxxxxx ➢ Xxx Xxxxx ➢ Xxxx Xxxxxx ➢ Xxxxx Ready The Arbitrator shall be selected on a rotational basis in the above order, provided he is available to convene a hearing within thirty (30) days. Should none of the Arbitrators be available within the thirty (30) day period, then the parties may by mutual agreement select an alternative arbitrator.
(d) The Arbitrator shall hear the grievances 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.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be as follows:"without prejudice".
(1g) A grievance determined by either party to fall within one of the categories listed in (b) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 9.2
(h) The parties shall notify equally share 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 writing cost of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation fees and expenses of the arbitrator and hearing rooms. In the general expenses of event that either party delays cancellation pursuant to (g) above such that a cancellation fee is charged by the arbitration arbitrator or by the facility in which the hearing is booked, the party cancelling shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesfully responsible for such fee(s).
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. a. If the Union at the national level elects to process a disciplinary/ adverse action under this Section, rather than Section 7, it shall, within twenty (a20) In lieu calendar days following the effective date of the procedures specified disciplinary/adverse action, notify the Director, Office of Labor and Employee Relations, that it desires the matter be submitted directly to expedited arbitration. This request will include a completed grievance as described in Paragraphs 1 Section 7. Within seven (General7) through 4 (Conduct calendar days after receipt of Hearing and Decision of Arbitrator) of this Articlethe request, any grievance involving arbitrators from 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 panel shall be submitted to arbitration under polled for available dates. Unless mutually agreed otherwise, the expedited arbitration procedure hereinafter provided within fifteen arbitrator with the first available date shall normally be used. In the event of a tie, an arbitrator shall be selected by alternately striking names until one (151) remains. The arbitrator shall issue a decision as soon as possible, but no later than twenty-one (21) calendar days after the hearing has been held. The necessity for transcripts or filing of briefs shall be determined on a case-by-case basis. The election of either Party to request a transcript and/or file a post-hearing brief shall not delay the time frame for arbitration. the arbitrator to render his/her decision.
b. In all cases other grievances involving disciplinary action which are specifically subject than disciplinary/adverse actions, either Party at the national level may refer a particular grievance to expedited arbitration under Paragraphs 1 (General) through 4 (Conduct in lieu of Hearing and Decision of Arbitrator) of the normal arbitration process in this Article. The Arbitrator selection process defined in Section 11a shall be used. The hearing shall be conducted as soon as possible and shall be informal in nature. There shall be no briefs, both parties mayno official transcripts, within fifteen no formal rules of evidence, and the arbitrator shall issue a decision as soon as possible, but no later than five (155) calendar days after the filing official closing of the request for arbitration, elect hearing unless otherwise agreed between the Parties. Determinations as 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 whether expedited arbitration shall be as follows:
(1) The parties utilized in cases other than disciplinary/adverse actions shall notify the arbitrator in writing be based on the day facts and circumstances of agreement each case; however, only those grievances where the passage of time would preclude a remedy or date of arbitration demands result in suspension cases irreparable harm are subject to settle a grievance by this expedited arbitrationprocedure. The arbitrator Disagreements as to whether an issue is appropriate for this expedited procedure shall notify the parties in writing of the hearing date.
(2) The parties may submit be referred to the arbitrator prior to the hearing a written stipulation of all facts not in disputefor decision.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10) The decision of the arbitrator will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) In lieu For the purpose of accelerating the procedures specified in Paragraphs 1 (General) through 4 (Conduct resolution of Hearing applicable grievances, without compromising natural justice or due process, the Company 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 Union hereby agree to arbitration under implement the expedited arbitration procedure hereinafter provided within fifteen set forth below:
(15a) calendar days after By mutual agreement, 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 Parties may refer any matter properly submitted in accordance with the filing provisions of the request for grievance procedure to expedited 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 Except as possible after this Agreement becomes final and bindingotherwise provided, a panel of at least three (3the expedited arbitration hearing(s) arbitrators shall be selected by held within thirty (30) calendar days of the parties. Each arbitrator date of appointment of a single arbitrator, whom the Parties shall serve until jointly select from among 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 following five 5 agreed upon arbitrators:
(10i) working days after receiving an assignmentXxxxxx, the case will be passed to the next arbitrator. If no one can hear the case within ten Xxxxx
(10ii) working daysXxxxx, the case will be assigned to the arbitrator who can hear the case on the earliest date.Xxxxxxx X.
(iii) Xxxxxxxx, Xxxx
(iv) Xxxxx, Xxxxxxxx
(v) Xxxxxx, Xxxx
(c) The procedure for expedited arbitration shall be Where no above-mentioned arbitrator is available within the required thirty (30) calendar days, the Parties may agree upon an alternate arbitrator who is thus available or otherwise extend the time limits as follows:
(1) The parties shall notify the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases necessary, subject to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in writing of the hearing datemutual consent.
(2d) The parties may submit Parties may, by mutual agreement, refer a group of grievances, related or unrelated, to the arbitrator prior to the hearing be heard hereunder by a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the single arbitrator.
(4e) Within five (5) working days after the hearing, each party may submit Grievances shall be presented during expedited arbitration by a brief written summary designated representative of the issues raised at the hearing Union and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement designated representative of the reasons supporting his or her settlementCompany, who shall not be external representatives such as lawyers. A Union Business Representative shall be considered a legitimate advocate for the purpose of expedited arbitration.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10f) The decision of the expedited arbitrator will settle shall be:
(i) rendered in writing within thirty (30) calendar days following the grievancedate of conclusion of the applicable hearing(s), unless an extension is otherwise agreed to by the Company and the Union. The arbitrator shall endeavour to make a written award which is as brief as possible;
(ii) consistent with the terms of the Agreement;
(iii) confined to the grievance(s) referred to him;
(iv) final and binding upon the Company and the Union agree and upon any employee in the bargaining unit affected by it; and
(v) of no precedential value and shall not be referred to abide by either Party in any other proceeding.
(g) During the course of expedited arbitration, with mutual consent, the Parties may empower the arbitrator to mediate between them by making such decision. suggestions and doing such things as he deems right and proper to encourage settlement of the grievance.
(h) The compensation Company and the Union shall equally share the cost of the fees and expenses of the arbitrator and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesseshearing room.
(11) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. If there is a dispute between the Members regarding the occurrence of an Event of Default, then the Non-Defaulting Member shall not deliver the Section 10.4 Notice to the Defaulting Member and initiate the purchase process under Section 10.4 or be entitled to exercise any other rights or remedies that would otherwise arise hereunder as a result of an Event of Default, until the alleged Event of Default is finally determined to have occurred in a binding award issued by an arbitrator pursuant to the expedited arbitration process set forth under this Section 10.5. As its exclusive method of disputing that such Event of Default has occurred, the Member that is alleged to be the Defaulting Member shall have the right, within ten (10) Business Days after receiving written notice of such Event of Default from the other Member, to initiate a proceeding for final and binding arbitration in accordance with the following provisions of this Section 10.5.
(a) In lieu Any arbitration under this Section 10.5 shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules (or, if JAMS is no longer in existence, then administered by National Arbitration and Mediation in accordance with its Comprehensive Dispute Resolution Rules and Procedures in effect at that time; and if National Arbitration and LIMITED LIABILITY COMPANY AGREEMENT VIDA JV LLC Page 58 Mediation is no longer in existence, then administered by the American Arbitration Association under its Expedited Procedures of its Commercial Arbitration Rules in effect at that time; and if none of the procedures specified preceding remains in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Articleexistence, by any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, succeeding 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 substantially similar dispute resolution organization in accordance with its expedited arbitration procedure hereinafter provided within fifteen procedures then in effect). A single arbitrator will be selected pursuant to such rules and procedures (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 The sole matters to be determined by the Arbitrator shall be selected by whether the parties. Each arbitrator shall serve until alleged Event of Default had occurred and was continuing (beyond all applicable notice or cure periods, if any, set forth in the termination “Event of this Agreement unless his or her services are terminated earlier by written notice from either party Default” definition) with respect to the otherDefaulting Member and, if alleged, that no Event of Default had occurred and was continuing with respect to the Non-Defaulting Member at the time Non-Defaulting Member attempted to enforce its remedies under Article X and other matters related to whether the rights and remedies under Article X were properly exercised, and the Arbitrator shall not render a decision with respect to any other matter, nor award any monetary damages or any other form of relief. 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 writing of the hearing date.
(2) The parties may submit to the arbitrator prior to the hearing a written stipulation of all facts not in dispute.
(3) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitrator.
(4) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5) The arbitrator's settlement shall apply only to the instant grievance which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or modification thereof is adopted by the written concurrence of the representatives of each party at the last step of the grievance procedure.
(6) The time limits in (1) and (4) of this Section may be extended by agreement of the parties or at the arbitrator's request, in either case, only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator Arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under applicable Event of Default has occurred in accordance with the expedited procedures, the Company shall under no circumstances be liable for back pay for more than six (6) months (plus any time that the processing law of the grievance or arbitration was delayed at the specific request State of the Company) after the date of the disciplinary action. Delays requested Delaware and in rendering its decision, will be bound by the Union in which provisions of this Agreement and will not have the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9) The arbitrator shall have no authority power to add to, subtract from or otherwise modify any provisions of this Agreementsuch provisions.
(10c) The arbitration (and all hearings related to the arbitration) shall be conducted in Delaware. The arbitration shall be conducted in the English language. The decision of the arbitrator will settle Arbitrator shall be final and binding on the grievance, and parties. Either Member may enforce the Company and the Union agree to abide by such decision. The compensation and expenses decision of the arbitrator and Arbitrator in the general expenses Delaware Court of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnessesChancery.
(111) If the Arbitrator determines that the applicable Event of Default occurred, then the Defaulting Member shall be solely responsible for paying any fees and disbursements due to JAMS and the Arbitrator, as well as all costs and expenses reasonably incurred by the Non-Defaulting Member (including reasonable attorney’s fees and disbursements), in connection with the arbitration proceeding.
(2) If the Arbitrator determines that the applicable Event of Default has not occurred, then the Member that delivered written notice of the alleged Event of Default to the other Member shall be solely responsible for paying any fees and disbursements due to JAMS and the Arbitrator, as well as all costs and expenses reasonably incurred by the Member alleged to have committed such Event of Default (including reasonable attorney’s fees and disbursements), in connection with the arbitration proceeding. (e) The time limit for requesting arbitration under process set forth in this provision Section 10.5 shall be the same as exclusive procedure for resolving a dispute between the Members regarding the existence of an Event of Default and the exercise of the remedies set forth in existing proceduresthis Agreement in connection therewith.
Appears in 1 contract
Samples: Formation and Membership Interest Purchase Agreement (Invesco Real Estate Income Trust Inc.)
Expedited Arbitration. (a) G9A.01 The procedures herein will apply to arbitration involving disciplinary action which is specifically subject to arbitration under the collective bargaining agreement.
G9A.02 In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article G9 of this ArticleAgreement, 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) 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) Article G9 of this ArticleAgreement, both parties may, within fifteen (15) 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) Article G9 shall be followed.
(b) G9A.03 As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators 5 umpires shall be selected by the parties. Each arbitrator umpire 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 umpire shall be notified of his or her termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires shall be assigned cases in rotating order designated by the parties. If an arbitrator umpire is not available for a hearing within ten (10) 10 working days after receiving an assignment, the case will be passed to the next arbitratorumpire. If no one can hear the case within ten (10) 10 working days, the case will be assigned to the arbitrator umpire who can hear the case on the earliest date.
(c) G9A.04 The procedure for expedited arbitration shall be as follows:
(1a) The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2b) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3c) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator umpire shall be satisfied himself or herself that the evidence submitted is of a type on which he or she can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4d) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her settlement within five (5) working days after receiving the briefs. He or she shall provide the parties a brief written statement of the reasons supporting his or her settlement.
(5e) The arbitratorumpire's settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6f) The time limits in (1a) and (4d) of this Section may be extended by agreement of the parties or at the arbitratorumpire's request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7g) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9h) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10i) The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11j) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. (a) 25A.01 The procedures herein will apply to arbitration involving disciplinary action which is specifically subject to arbitration under the collective bargaining agreement.
25A.02 In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) Article 25 of this ArticleAgreement, 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) Article 25 of this ArticleAgreement, 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) Article 25 shall be followed.
(b) 25A.03 As soon as possible after this Agreement becomes final and binding, a panel of at least three five (35) arbitrators umpires shall be selected by the parties. Each arbitrator umpire shall serve until the termination of this Agreement unless his or her their services are terminated earlier by written notice from either party to the other. The arbitrator umpire shall be notified of his or her the termination by a joint letter from the parties. The arbitrator umpire shall conclude his or her service all services by settling any grievance previously heard. A successor arbitrator umpire shall be selected by the parties. Arbitrators Umpires 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.an
(c) 25A.04 The procedure for expedited arbitration shall be as follows:
(1a) The parties shall notify the arbitrator umpire in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator umpire shall notify the parties in writing of the hearing date.
(2b) The parties may submit to the arbitrator umpire prior to the hearing a written stipulation of all facts not in dispute.
(3c) The hearing shall be informal without formal rules of evidence and without a transcript. However, the arbitrator shall umpire must be satisfied himself or herself that the evidence submitted is of a type on which he or she one can rely, that the hearing is in all respects a fair one, and that all facts necessary to a fair settlement and reasonably obtainable are brought before the arbitratorumpire.
(4d) Within five (5) working days after the hearing, each party may submit a brief written summary of the issues raised at the hearing and arguments supporting its position. The arbitrator umpire shall give his or her the settlement within five (5) working days after receiving the briefs. He or she briefs and shall provide the parties a brief written statement of the reasons supporting his or her the settlement.
(5e) The arbitrator's umpire’s settlement shall apply only to the instant grievance grievance, which shall be settled thereby. It shall not constitute a precedent for other cases or grievances and may not be cited or used as a precedent in other arbitration matters between the parties unless the settlement or a modification thereof is adopted by the written concurrence of the representatives of each party at the last third step of the grievance procedure.
(6f) The time limits in (1a) and (4d) of this Section may be extended by agreement of the parties or at the arbitrator's umpire’s request, in either case, case only in emergency situations. Such extensions shall not circumvent the purpose of this procedure.
(7g) In all suspension or dismissal grievances submitted to arbitration under the expedited procedures set forth herein, the arbitrator shall determine whether the discipline was for just cause. In any grievance arbitrated under the expedited proceduresprovisions of this Section, the Company shall under no circumstances be liable for back pay backpay for more than six (6) months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays requested by the Union in which the Company concurs shall not be included in such additional time.
(8) In case of suspension, the arbitrator shall have authority to mitigate or modify the discipline imposed and determine what, if any, remedy is appropriate. If the arbitrator awards back pay, the employee shall receive pay for time lost at the employee's Adjusted Rate plus any tour differentials to which the employee would have been entitled if not suspended.
(9h) The arbitrator umpire shall have no authority to add to, subtract from or modify any provisions of this Agreement.
(10i) The decision of the arbitrator umpire will settle the grievance, and the Company and the Union agree to abide by such decision. The compensation and expenses of the arbitrator umpire and the general expenses of the arbitration shall be borne by the Company and the Union in equal parts. Each party shall bear the expense of its representatives and witnesses.
(11j) The time limit for requesting arbitration under this provision shall be the same as in existing procedures.
Appears in 1 contract
Samples: Collective Bargaining Agreement
