Expedited Arbitration. A) Those grievances agreed to be 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 otherwise mutually agreed to by the parties. B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose. 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 agree to make limited use of authorities during their presentations. E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code. F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator. K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties. L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01. M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be scheduled to be heard on decided in accordance with the next available expedited arbitration dateprocess set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the parties Parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) 9. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinby the arbitrator.
G) 10. The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.ten
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration arbitration.
2. The expedited arbitrators, who shall act as sole arbitrators, shall be scheduled Xxxxx Xxxxx, Xxxx Xxxxxx, Xxxxx XxXxxxxxxx, and Xxxx Xxxx.
3. If the Parties agree to be heard on invoke the next available expedited arbitration dateprocess, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03(d) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief or pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the parties Parties in mediating a resolution to the grievance. If this occurs, the cost costs will be borne in accordance with Section 103 of shared equally by the Labour Relations CodeParties.
F) 9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator as contemplated herein.
G) 10. The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties Parties within three ten (310) working days of the hearing.
H) 11. All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. These decisions No written reasons for the decision shall have no precedential value and shall not be referred provided beyond that which the arbitrator deems appropriate to by either party in any subsequent proceedingconvey a decision.
I) All settlement of proposed expedited arbitration cases made prior to hearing 12. The Parties shall be without prejudice.
J) The parties shall share equally share the costs of the fees and expenses of the arbitrator.
K) 13. The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers power to conclusively settle the dispute and authority as an arbitration board established under the provisions decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of Article 9.01the provision of the Collective Agreement.
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 Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply:
A) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
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 agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxxx and Xxxxxx Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as mutually agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board arbitrator established under the provisions of Article 9.0110.
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(a) The parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
(b) Those grievances agreed to be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates within one (1) month if possible.
(c) The hearings shall be agreed to by held in the parties and shall be scheduled monthly, or as otherwise mutually agreed to by Council Xxxxxxxx at the partiesDistrict of Houston Office.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers will not be used to represent either party.
D(d) All presentations are to be short and concise concise, and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations.
E(e) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F(f) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G(g) The decision of the arbitrator is to shall be completed on the agreed to form and mailed sent to the parties within three ten (310) working days of the hearinghearing if possible.
H(h) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(i) The expedited arbitrators shall be mutually agreed to by the parties within fourteen (14) days of the application for expedited arbitration being made. If no agreement can be reached the parties will seek the appointment of an Arbitrator by the Arbitrators Association of BC.
(j) The expedited arbitrator shall have the same powers and authority as an arbitrator established under the applicable labour legislation in the Province of British Columbia.
(k) The decision of the arbitrator shall be final and binding on the parties.
(l) All decisions of the arbitrators 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 proceedingArbitration.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(m) The parties agree that there shall equally share the costs be no use of lawyers in these hearings.
(n) This expedited process is agreed to replace section 104 of the fees and expenses of the arbitratorLabour Relations Code.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) 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) Those grievances agreed By mutual agreement, the parties may proceed to be suitable for expedited arbitration shall be scheduled as an alternative to be heard on the next available expedited aforementioned arbitration dateprocedure. Expedited arbitration dates shall be agreed to by Where the parties and mutually agree to refer a matter to expedited arbitration, the following procedure shall be scheduled monthly, or as otherwise mutually agreed to by the parties.apply:
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers will not be used to represent either party.
D(a) 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.
E(b) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 The location of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator hearing is to be completed on the agreed to form and mailed by the parties, but will be a location central to the parties geographic area in which the dispute arose.
(c) As the process is intended to be informal, only employees of the B.C. Government and Service Employees' Union or Directors/employees of Themis Program Management (or its legal bargaining agent, CSSEA) may present the grievance to the Arbitrator.
(d) The Arbitrator shall hear the grievances and shall render a decision within three (3) two working days of such hearings. No written reasons for the hearingdecisions shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
H(e) All decisions of the arbitrators 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.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) The parties shall equally share the costs of the fees and expenses of the arbitratorArbitrator. It is agreed that arbitration decisions made under this provision will not be appealed.
K(a) The expedited arbitrators, who parties shall act meet every four months or as sole arbitrators, often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process and shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers set dates and authority as an arbitration board established under the provisions locations for hearings of Article 9.01.
M) It is understood that it is not the intention groups of either party to appeal a decision of an grievances considered suitable for expedited arbitration.
(b) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 20 workdays; (4) policy grievances;
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. A(a) A representative of HEABC and the Union's designate, shall meet each month, or as often as is required, to review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration. In addition, the parties will meet quarterly to review the expedited arbitration process and scheduling of hearing dates.
(b) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B(c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C(d) As the process is intended to be informal, lawyers outside legal counsel will not be used to represent either party.
D(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.
E(f) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F(g) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G(h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
H(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.
I(j) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K(l) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxx Xxxxxx, Xxxxx XxxxxxxReady, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesand Xxx Xxxxxx.
L(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.018.
M(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: Provincial Agreement, Provincial Agreement
Expedited Arbitration. A) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
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 agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxxxxx Xxxxx, Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.0110.
M) 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(a) Those The parties generally agree to refer to expedited arbitration any outstanding grievances agreed to be considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration arbitration.
(b) All grievances shall be scheduled to be heard on the next available considered suitable for, and resolvable by, expedited arbitration dateexcept grievances in the nature of:
(1) grievances requiring substantial interpretation of a provision of the Agreement;
(2) grievances requiring presentation of extrinsic evidence. Expedited By mutual agreement a grievance falling into any of these categories may be placed into the expedited arbitration dates process.
(c) The Arbitrator shall be agreed to by selected in accordance with the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers will not be used to represent either party.
D) following: • All presentations are to shall be short and concise and are to include a concise. • A comprehensive opening statementstatement shall be made by both parties. The parties agree to make • There will be a limited use of authorities during their presentationsauthorities. • Where possible 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.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, decision within two workdays of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Expedited arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(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 at anytime prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 10.3.
(h) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms.
K(i) The expedited arbitrators, who parties shall contact the LRB Mediation Division and request the services of a mediator to act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by in the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions capacity of Article 9.01.
M) It is understood that it arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitrationarbitrator, an individual from those listed in Clause 10.2 above will be appointed.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. A(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of twenty (20) workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the collective agreement;
(6) grievances requiring presentation of extrinsic evidence;
(7) grievances where a party intends to raise a preliminary objection; and
(8) grievances arising from duty to accommodate.
(b) Those grievances agreed to be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration dateonce there are five (5) grievance files, but no less than once per calendar year. Expedited arbitration The hearing dates shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but and will be at a location central to the geographic area in which the dispute arose.
C(c) As the process is intended The parties shall make every effort to be informal, lawyers will not be used make use of an agreed to represent either partystatement of facts.
D(d) All presentations are to be short and concise and are to include a comprehensive opening statement. .
(e) The parties agree to make limited use of authorities during their presentations.
E(f) Prior to rendering a decision, The Arbitrator shall hear the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, grievances and shall render a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three two (32) working days of such hearings. No written reasons for the hearingdecision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
H(g) The fees and expenses of the Arbitrator will be shared equally by the parties.
(h) All decisions of the arbitrators Arbitrator are to be limited in application to that the particular dispute and are without prejudice. These decisions Arbitration awards shall have be of no precedential value and shall not thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K(i) The expedited arbitratorsarbitrator, who shall act as sole arbitratorsarbitrator, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other selected from the list as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.identified in Appendix B.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be scheduled to be heard on decided in accordance with the next available expedited arbitration dateprocess set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the parties Parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) 9. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinby the arbitrator.
G) 10. The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties Parties within three (3) ten working days of the hearing.
H) 11. All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. These decisions No written reasons for the decision shall have no precedential value and shall not be referred provided beyond that which the arbitrator deems appropriate to by either party in any subsequent proceedingconvey a decision.
I) All settlement of proposed expedited arbitration cases made prior to hearing 12. The Parties shall be without prejudice.
J) The parties shall share equally share the costs of the fees and expenses of the arbitrator.
K) 13. The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers power to conclusively settle the dispute and authority as an arbitration board established under the provisions decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of Article 9.01the provision of the Collective Agreement.
M) 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) Those All grievances agreed to shall be considered suitable for expedited arbitration shall except grievances relating to:
i) Dismissals
ii) suspensions in excess of five (5) days By mutual agreement between the Union and Employer, a grievance falling into one of the above two categories may be scheduled to be heard on placed into the next available expedited arbitration date. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesprocess.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers the parties will not be used use lawyers to represent either partypresent their case.
DC) 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.
ED) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinin (E).
GE) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties 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.
HF) 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.
IG) All settlement settlements of proposed expedited arbitration cases made prior to the hearing shall be without prejudice.
JH) The Union will forward a brief summary of its case identifying particulars and any reliance authorities to the Employer at least ten (10) days in advance of the scheduled date of the expedited arbitration. The Employer will respond in kind within 5 (five) days of receipt of the Union’s summary.
I) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
LJ) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.0110.
MK) It is understood that it is not the intention of either party to appeal a decision of an The expedited arbitrationarbitrators, who shall act as sole arbitrators, shall be: Xxxxx Xxxxxx, Xxxx Xxxxxx, Xxxx Xxxxxx or mutually agreed alternate.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Expedited Arbitration. A(a) A representative of HEABC and the Union's designate, shall meet each month, or as often as is required, to review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration. In addition, the parties will meet quarterly to review the expedited arbitration process and scheduling of hearing dates.
(b) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B(c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C(d) As the process is intended to be informal, lawyers outside legal counsel will not be used to represent either party.
D(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.
E(f) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F(g) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G(h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
H(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.
I(j) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K(l) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxx Xxxxxx, Xxxxx XxxxxxxXxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesand Xxx Xxxxxx.
L(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.018.
M(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: Provincial Agreement, Provincial Agreement
Expedited Arbitration. A
(a) Those All grievances agreed to 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 Agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(b) The Arbitrator shall be scheduled to be heard on selected in accordance with the next available expedited procedure outlined in section (j) below. The arbitration date. Expedited arbitration dates procedure shall be agreed to 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 the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location will develop an Agreed Statement of the hearing is to be agreed to by the parties but Facts. • All documents will be at a location central jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The parties may mutually agree to have the geographic area in which Arbitrator mediate the dispute arose.
C) As the process is intended to issues. • All presentations will be informal, and lawyers will not to be used to represent either partyused, including staff lawyers.
D(c) All presentations are By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and September, 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 short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentationsheard.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, binding decision within two workdays of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) 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 hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee/s.
(i) The parties agree that the hearings will be conducted locally.
K(j) The expedited arbitrators, who parties shall contact the Labour Relations Board Mediation Division and request the services of a mediator to act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by in the parties.
L) The expedited arbitrator shall have the same powers and authority as capacity of an arbitration board established under the provisions of Article 9.01.
M) It is understood that it arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitration.arbitrator within the times specified in (c) above, an individual from the following list will be appointed. Xxxx Xxxxxxxx Xxxx Xxxxx Xxxxx Xxxxx Xxxx Xxxxxx Xxxx Xxxxxx Xxxx XxXxxxxx Xxxxx Xxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A
(a) Those All grievances agreed to 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 agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(b) The Arbitrator shall be scheduled to be heard on selected in accordance with the next available expedited procedure outlined in Section (j) below. The arbitration date. Expedited arbitration dates procedure shall be agreed to 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 the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location will develop an Agreed Statement of the hearing is to be agreed to by the parties but Facts. • All documents will be at a location central jointly submitted wherever possible. • The hearing will be conducted in an informal manner. • The parties may mutually agree to have the geographic area in which Arbitrator mediate the dispute arose.
C) As the process is intended to issues. • All presentations will be informal, and lawyers will not to be used to represent either partyused, including staff lawyers.
D(c) All presentations are By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and September, 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 short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentationsheard.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, binding decision within two workdays of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) 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 hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
K(i) The expedited arbitrators, who shall act as sole arbitrators, shall parties agree that the hearings will be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesconducted locally.
L(j) The expedited arbitrator parties shall have contact the same powers Labour Relations Board Mediation Division and authority as request the services of a mediator to act in the capacity of an arbitration board established under the provisions of Article 9.01.
M) It is understood that it arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitration.arbitrator within the times specified in (c) above, an individual from the following list will be appointed. Xxxx Xxxxxxxx Xxxxx Xxxxx Xxxx Xxxxxx Xxxxx Xxxxxx Xxxx Xxxxx Xxxx Xxxxxx Xxxx XxXxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. AIf the parties mutually agree to resolve a grievance through expedited arbitration, the following terms, conditions and process to resolve it by non-precedential expedited arbitration apply:
(a) Those All grievances agreed to shall be considered suitable for expedited arbitration shall arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the agreement;
(3) grievances requiring the presentation of extrinsic evidence;
(4) dismissals;
(5) rejection on probation;
(6) grievances involving a claim of duty to accommodate;
(7) demotions; and
(8) suspensions of 20 days or greater.
(b) By mutual agreement, a grievance falling into any of the above listed categories may be scheduled resolved by expedited arbitration.
(c) The parties will mutually agree on a single arbitrator to be heard on hear and resolve the next available matter.
(d) The expedited arbitration date. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers .
(e) Outside counsel will not be used to represent either party.
D(f) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 14 days prior to the hearing The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate proposed fact proposed) to the proposed agreed statement of facts and provide any reliance documents seven days prior to the hearing. The parties shall make every effort to agree on facts not in dispute.
(g) All presentations are to be short and concise and are to include a shall begin with comprehensive opening statement. statements, to be delivered at the commencement of the hearing, by both parties.
(h) The parties agree to make limited minimize the use of legal authorities during their presentationsarguments.
E(i) The Arbitrator shall render a decision within 14 working days of the arbitration hearing.
(j) Prior to rendering a decision, the arbitrator Arbitrator may assist the parties in mediating by attempting to mediate a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
Hk) All decisions of the arbitrators Arbitrator are to be limited in application to that the particular dispute and are without prejudice. These decisions Expedited arbitration awards shall have be of no precedential value and shall not be referred to by either party the parties in respect of any subsequent proceedingother matter other than further disciplinary action regarding the same employee.
I(l) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(m) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. AFor the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
(i) Those The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration.
(ii) The expedited arbitrator, who shall act as sole arbitrator, shall be:
(iii) If the Parties agree to invoke the expedited arbitration process, the matter shall be scheduled to be heard on decided in accordance with the next available expedited arbitration date. Expedited arbitration dates process set out in this Article, notwithstanding the provisions of article three (3) in the Collective Agreement.
(iv) The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C(v) As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either party.
D(vi) All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E(vii) The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of pertinent documents will be jointly presented to the arbitrator
(b) To the extent that authorities are permitted, they shall be presented in the brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points at issue.
(viii) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost costs will be borne in accordance with Section 103 of the Labour Relations Code.
F(ix) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator as contemplated herein.
G(x) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties Parties within three ten (310) working days of the hearing.
H(xi) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. These decisions No written reasons for the decision shall have no precedential value and shall not be referred provided beyond that which the arbitrator deems appropriate to by either party in any subsequent proceedingconvey a decision.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(xii) The parties Parties shall share equally share the costs of the fees and expenses of the arbitrator.
K(xiii) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers power to conclusively settle the dispute and authority as an arbitration board established under the decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of the provisions of Article 9.01the Collective Agreement.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A(a) A representative of HEABC and the Union's designate, shall meet each month, or as often as is required, to review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration. In addition, the parties will meet quarterly to review the expedited arbitration process and scheduling of hearing dates.
(b) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B(c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C(d) As the process is intended to be informal, lawyers outside legal counsel will not be used to represent either party.
D(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.
E(f) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F(g) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G(h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
H(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.
I(j) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K(l) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxx Xxxxxx, Xxxxx XxxxxxxXxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesXxxxxxx Xxxxxxxx, Xxxxxxx Xxxxx, and Xxx Xxxxxx.
L(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.018.
M(n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Provincial Agreement
Expedited Arbitration. A(a) Those All grievances agreed to 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 agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(b) The Arbitrator shall be scheduled to be heard on selected in accordance with the next available expedited procedure outlined in Section (j) below. The arbitration date. Expedited arbitration dates procedure shall be agreed to 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 the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location will develop an Agreed Statement of the hearing is to be agreed to by the parties but Facts. All documents will be at a location central jointly submitted wherever possible. The hearing will be conducted in an informal manner. The parties may mutually agree to have the geographic area in which Arbitrator mediate the dispute arose.
C) As the process is intended to issues. All presentations will be informal, and lawyers will not to be used to represent either partyused, including staff lawyers.
D(c) All presentations are By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and September, 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 short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentationsheard.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, binding decision within two workdays of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) 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 hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
K(i) The expedited arbitrators, who shall act as sole arbitrators, shall parties agree that the hearings will be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesconducted locally.
L(j) The expedited arbitrator parties shall have contact the same powers Labour Relations Board Mediation Division and authority as request the services of a mediator to act in the capacity of an arbitration board established under the provisions of Article 9.01.
M) It is understood that it arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitration.arbitrator within the times specified in (c) above, an individual from the following list will be appointed. Xxxx Xxxxxxxx Xxxxx Xxxxx Xxxx Xxxxxx Xxxxx Xxxxxx Xxxx Xxxxx Xxxx Xxxxxx Xxxx XxXxxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
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 agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.0110.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration arbitration.
2. The expedited arbitrators, who shall act as sole arbitrators, shall be scheduled Xxxxx Xxxxx, Xxxx Xxxxxx, Xxxxx XxXxxxxxxx, and Xxxx Xxxx.
3. If the Parties agree to be heard on invoke the next available expedited arbitration dateprocess, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03(d) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, 7. The hearings will be governed by the arbitrator may assist following guidelines which can be amended by agreement between the parties in mediating a resolution to the grievance. If this occurs, the cost at any time:
(a) A brief or pertinent documents will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is jointly presented to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The expedited arbitrators, who shall act as sole arbitrators, shall hearing will be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to conducted in an informal manner with limited objections by the partiesParties and without concern for procedural irregularities.
L(f) The expedited arbitrator shall have Hearsay and extrinsic evidence will be allowed to be entered without objection and given the same powers and authority as an arbitration board established under appropriate weight by the provisions of Article 9.01arbitrator.
M(g) It is understood that it is not Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the intention of either party to appeal a decision of an expedited arbitrationpoints in issue.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. A
(a) Those All grievances agreed to 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 Agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(b) The Arbitrator shall be scheduled to be heard on selected in accordance with the next available expedited procedure outlined in section (j) below. The arbitration date. Expedited arbitration dates procedure shall be agreed to 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 the parties and shall be scheduled monthly, or as otherwise mutually will develop an agreed to by the parties.
B) The location statement of the hearing is to be agreed to by the parties but facts. ➢ All documents will be at a location central jointly submitted wherever possible. ➢ The hearing will be conducted in an informal manner. ➢ The parties may mutually agree to have the geographic area in which Arbitrator mediate the dispute arose.
C) As the process is intended to issues. ➢ All presentations will be informal, and lawyers will not to be used to represent either partyused, including staff lawyers.
D(c) All presentations are By January 15th of each year, the parties will reserve a period of one working days (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 short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentationsheard.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, binding decision within two working days of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) 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 equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
K(i) The expedited arbitrators, who shall act as sole arbitrators, shall parties agree that the hearings will be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesconducted locally.
L(j) The expedited arbitrator parties shall have contact the same powers LRB Mediation Division and authority as an arbitration board established under request the provisions services of Article 9.01.
M) It is understood that it a mediator to act in the capacity of arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitration.arbitrator, within the times specified in (c) above, an individual from the following list will be appointed: Xxxx Xxxxxx Xxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A(a) Those All grievances agreed to 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 Agreement;
(3) grievances requiring presentation of extrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
(b) The Arbitrator shall be scheduled to be heard on selected in accordance with the next available expedited procedure outlined in section (j) below. The arbitration date. Expedited arbitration dates procedure shall be agreed to 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 the parties and shall be scheduled monthly, or as otherwise mutually will develop an agreed to by the parties.
B) The location statement of the hearing is to be agreed to by the parties but facts. ➢ All documents will be at a location central jointly submitted wherever possible. ➢ The hearing will be conducted in an informal manner. ➢ The parties may mutually agree to have the geographic area in which Arbitrator mediate the dispute arose.
C) As the process is intended to issues. ➢ All presentations will be informal, and lawyers will not to be used to represent either partyused, including staff lawyers.
D(c) All presentations are By January 15th of each year, the parties will reserve a period of one working days (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 short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentationsheard.
E(d) Prior to rendering The Arbitrator shall hear the grievances and shall render a decision, binding decision within two working days of such hearings. No written reasons for the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated hereinprovided beyond that which the Arbitrator deems appropriate to convey a decision.
G(e) The decision Arbitration awards shall be of the arbitrator is to be completed on the agreed to form and mailed to the 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(g) 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 equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
K(i) The expedited arbitrators, who shall act as sole arbitrators, shall parties agree that the hearings will be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesconducted locally.
L(j) The expedited arbitrator parties shall have contact the same powers LRB Mediation Division and authority as an arbitration board established under request the provisions services of Article 9.01.
M) It is understood that it a mediator to act in the capacity of arbitrator. Where a mediator is not available through the intention of either party Mediation Division to appeal a decision act in the capacity of an expedited arbitration.arbitrator, within the times specified in (c) above, an individual from the following list will be appointed: Xxxx Xxxxxx Xxxx Xxxxxx Xxxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration arbitration.
2. The expedited arbitrators, who shall act as sole arbitrators, shall be scheduled Xxxxx Xxxxx, Xxxx Xxxxxx, Xxxxx XxXxxxxxxx, and Xxxx Xxxx.
3. If the Parties agree to be heard on invoke the next available expedited arbitration dateprocess, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03(d) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, 7. The hearings will be governed by the arbitrator may assist following guidelines which can be amended by agreement between the parties in mediating a resolution to the grievance. If this occurs, the cost at any time:
(a) A brief or pertinent documents will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is jointly presented to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K(b) The expedited arbitratorsTo the extent that authorities are permitted, who shall act as sole arbitrators, they shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiespresented in a joint brief.
L(c) The expedited arbitrator shall have If possible, a statement of agreed facts will be jointly presented to the same powers and authority as an arbitration board established under the provisions of Article 9.01arbitrator.
M(d) It is understood that it is not the intention of either party Responses to appeal a decision of an expedited arbitrationopening statements will cover any facts which are in dispute and any additional facts available.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. A(a) The Union and the Employer shall meet at the request of either party to review the expedited arbitration process and issues suitable for expedited arbitration.
(b) The employer designate and the union designate shall meet at the request of either party to review outstanding grievances to determine by mutual agreement those grievances suitable for expedited arbitration.
(c) Those grievances agreed to be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration The hearing dates shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but and will be at a location central to the geographic area in which the dispute arose.
C(d) As the process is intended to be informalinformal and non-legal, outside lawyers will not be used to represent either party.
D(e) The parties shall make every effort to make use of an agreed to statement of facts.
(f) All presentations are to be short and concise and are to include a comprehensive opening statement. .
(g) The parties agree to make limited use of authorities during their presentations.
E(h) The Arbitrator shall hear the grievances and shall render a decision within two (2) workdays of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(i) Prior to rendering a decision, the arbitrator Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
Hj) All decisions of the arbitrators Arbitrator are to be limited in application to that the particular dispute and are without prejudice. These decisions Arbitration awards shall have be of no precedential value and shall not thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(k) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(l) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator.
K(m) The expedited arbitratorsArbitrator, who shall act as sole arbitratorsarbitrator, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxxselected from the list as identified in Appendix 2, or Xxxxx Xxxxxxxx or any other as shall be a substitute mutually agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M(n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
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 agree to make limited use of authorities during their presentations.
E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx XxxxXxxxxxx Xxxxx, Xxxx Xxxxxx, Xxx or Xxxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.018, excepting Article 8.15.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. Aa) Those grievances agreed to be 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 otherwise mutually agreed to by the parties.
Bb) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
Cc) As the process is intended to be informal, lawyers will not be used to represent either party.
Dd) 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.
Ee) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
Ff) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
Gg) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
Hh) 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.
Ii) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
Jj) The parties shall equally share the costs of the fees and expenses of the arbitrator.
Kk) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxxxxx Xxxxx, Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
Ll) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.0115.
Mm) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A
(a) Those grievances agreed Whenever possible, it is the intent of both parties not to be suitable for use outside legal counsel. The parties further agree the 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers will not be used to represent either partyresolve grievances in as timely a manner as possible.
D(b) All presentations are to be short and concise and are to include a comprehensive opening statement. The parties will meet as often as necessary mutually to agree on the grievances that are appropriate for expedited arbitration. All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspension in excess of twenty (20) workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the collective agreement;
(6) grievances relating to make limited use Hours of authorities during their presentationsWork;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) demotions; and
(10) classification appeal under the Gender Neutral Job Evaluation Plan. By mutual agreement, a grievance falling into any of these categories may be placed into the expedited arbitration process.
E(c) Prior The parties shall mutually agree upon single arbitrators who shall be appointed to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Codehear and resolve grievances.
F(d) Where mediation fails, or is not appropriate, The Arbitrator shall hear the grievances and shall render a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three two (32) working days of such hearings. No written reasons for the hearingdecision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
H(e) All decisions Expedited arbitration awards shall be 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 thereafter be referred to by either party the parties in respect of any subsequent proceedingother matter.
I(f) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(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 at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 13.13 as appropriate.
(h) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator and hearing rooms.
K(i) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any parties agree to notify each other as agreed of their intent to by use a lawyer within a reasonable time frame prior to the partieshearing date.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.ARTICLE 14 - JOB SECURITY, SENIORITY, LAYOFF, AND BUMPING
Appears in 1 contract
Samples: Collective Agreement
Expedited Arbitration. A) Those For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances agreed to be suitable for expedited arbitration arbitration.
2. The expedited arbitrators, who shall act as sole arbitrators, shall be scheduled Xxxxxx Xxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxx and Xxxxx Xxxxx.
3. If the Parties agree to be heard on invoke the next available expedited arbitration dateprocess, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Subsection 3.03(d) of the Collective Agreement.
4. Expedited arbitration dates The locations of the hearings shall be agreed to by the parties and shall be scheduled monthly, or as otherwise mutually agreed to by the partiesParties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) 5. As the process is intended to be informalnon-legal, unless otherwise agreed, lawyers will not be used to represent either partyParty.
D) 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties Parties agree to make limited use of authorities during their presentations.
E7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief or pertinent document will be jointly presented to thearbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for proceduralirregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by thearbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the parties Parties in mediating a resolution to the grievance. If this occurs, the cost costs will be borne in accordance with Section 103 of the Labour Relations Code.
F) 9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator as contemplated herein.
G) 10. The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties 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 costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Arbitration. A(a) Those All grievances shall be considered suitable for and resolved by expedited arbitration, except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions of 20 days or greater;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the agreement;
(6) grievances requiring the presentation of extrinsic evidence; and
(7) grievances where a party intends to raise a preliminary objection.
(8) Despite the foregoing, by mutual agreement, a grievance falling into any of the above listed categories may be resolved by expedited arbitration.
(b) The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list below:
(1) Xxxx Xxxxx
(2) Xxxx Xxxxxx
(3) Xxxxx Xxxxxxx The parties may also mutually agree to a different expedited arbitrator.
(c) The parties shall make every effort to make use of an agreed to be suitable for statement of facts.
(d) The 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 otherwise mutually agreed to by the parties.
B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be informal, lawyers will not be used to represent either party.
D(e) All presentations are to be short and concise and shall are to include a comprehensive opening statement. , to be delivered at the commencement of the hearing, by both parties.
(f) The parties agree to make limited minimize the use of witnesses and legal authorities during their presentationsopening statements, unless there are key facts in dispute or case law directly on point.
E(g) Prior to rendering a decision, the arbitrator Arbitrator may assist the parties in mediating by attempting to mediate a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
F(h) Where mediation fails, or is not appropriate, The Arbitrator will render a decision shall be rendered as contemplated herein.
G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) ten working days of the hearinghearing concluding. No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision.
H(i) All decisions of the arbitrators Arbitrator are to be limited in application to that the particular dispute and are without prejudice. These decisions Expedited arbitration awards shall have be of no precedential value and shall not be referred to by either party the parties in respect of any subsequent proceedingother matter other than further disciplinary action regarding the same employee. The expedited arbitrators will be advised of this article and to include these statements at the beginning of their decisions.
I(j) All settlement settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J(k) The parties shall equally share the costs cost of the fees and expenses of the arbitratorArbitrator.
K(l) The There will be no appeal of expedited arbitrators, who shall act as sole arbitrators, shall be Xxxx Xxxxxx, Xxxx Xxxx, Xxxx Xxxxxx, Xxx Xxxxxx, Xxxxx Xxxxxxx, or Xxxxx Xxxxxxxx or any other as agreed to by the partiesarbitration awards.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 9.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Samples: Collective Agreement
