Expedited Arbitrations. (1) The Union may refer a grievance to an expedited arbitration. (2) The grievances 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. (3) The location of the hearing is to be mutually agreed to by the parties, but shall be at a location central to the geographic area in which the dispute arose. (4) As the process is intended to be non-legal, lawyers may not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing. (5) 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. (6) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. (7) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. (8) The decision of the arbitrator is to be completed and mailed to the parties within three (3) working days of the hearing. (9) 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. (10) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice. (11) The parties shall equally share the costs of the fees and expenses of arbitrator. (12) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration. (13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03. (14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding. (15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitrations. (1) The Union may refer a grievance to an expedited arbitration.
(2a) The grievances suitable Grievances for expedited arbitration shall will be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall will be mutually agreed to by the parties.
(3b) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4c) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5d) 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.
(6e) Prior to rendering a decision, the arbitrator Arbitrator may assist the parties in mediating a resolution to the grievance.
(7f) Where mediation fails, or is not appropriate, a decision shall will be rendered as contemplated herein.
(8) g) The decision of the arbitrator Arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
(9h) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall will have no precedential value and shall will not be referred to by either party in any subsequent proceeding.
(10i) All settlements of proposed expedited arbitration cases made prior to hearing shall will be without prejudice.
(11j) The parties shall will equally share the costs of the fees and expenses of arbitratorthe Arbitrator.
(12k) The expedited arbitrators, who shall will act as sole arbitrators, shall will be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ Ready, ▇▇▇▇▇ ▇▇▇▇▇▇, or ▇▇▇▇ ▇▇▇▇▇▇.
(13l) The expedited arbitrator shall Arbitrator will have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03Clause 8.3.
(14m) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1a) The Union may refer a grievance Those grievances agreed to an expedited arbitration.
(2) The grievances be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration dateheard. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled as agreed to by the parties.
(3b) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4c) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5d) 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.
(6e) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7f) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) g) The decision of the arbitrator is to be completed and mailed emailed to the parties within three (3) working days of the hearing.
(9h) 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.
(10i) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11j) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12k) The expedited arbitrators, who shall act as sole arbitrators, shall be be: • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇. ▇. ▇▇▇▇▇▇▇ • ▇▇▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇. ▇▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇▇ • ▇. ▇▇▇▇ • ▇. ▇▇▇▇▇ • or an alternative suitably registered with the B.C. Labour Board, mutually agreed agreeable to by both the parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13l) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.03.
(14m) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15n) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.05 for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. a. If the Union at the national level elects to process a disciplinary/ adverse action under this Section, rather than Section 8, it shall within twenty (20) calendar days following the effective date of the disciplinary/adverse action, notify the Director, Office of Labor and Employee Relations, that it desires the matter be submitted directly to expedited arbitration. This request will include a completed standard grievance form.Within seven (7) calendar days after receipt of the request, an arbitrator shall be selected from the national or regional panel by the Parties or by alternately striking names until one (1) remains. An arbitrator unable to hear an expedited arbitration case within seven (7) calendar days shall be deemed unavailable and the next arbitrator in turn will be selected. The Union hearing shall be conducted as soon as possible.The arbitrator shall issue a decision as soon as possible, but no later than twenty-one (21) calendar days after the hearing has been held. The necessity for transcripts or filing of briefs shall be determined on a case-by-case basis.The election of either Party to request a transcript and/or file a post hearing brief shall not delay the time frame for the arbitrator to render his/her decision.
b. In cases other than disciplinary/adverse actions, either Party at the national level may refer a grievance particular issue to an expedited arbitrationarbitration in lieu of the normal arbitration process in this procedure.
(2) The grievances suitable request for expedited arbitration shall be scheduled to be heard on include a completed standard grievance form.The Parties shall meet and select an arbitrator from the next available expedited arbitration datenational or regional panel or by alternately striking names. Expedited arbitration dates The hearing shall be agreed to by conducted as soon as possible and shall be informal in nature.There shall be no briefs, no official transcripts, no formal rules of evidence, and the parties.
arbitrator shall issue a decision as soon as possible, but no later than five (35) The location calendar days after the official closing of the hearing is unless otherwise agreed between the Parties. Determinations as to be mutually agreed to by the parties, but whether expedited arbitration shall be at a location central to the geographic area utilized in which the dispute arose.
(4) As the process is intended to be non-legal, lawyers may not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5) 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.
(6) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7) Where mediation fails, or is not appropriate, a decision cases other than disciplinary/adverse actions shall be rendered based on the facts and circumstances of each case; however, only those grievances where the passage of time would preclude a remedy or result in irreparable harm are subject to this expedited procedure. Disagreements as contemplated herein.
(8) The decision of the arbitrator to whether an issue is to be completed and mailed to the parties within three (3) working days of the hearing.
(9) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions appropriate for this expedited procedure shall have no precedential value and shall not be referred to by either party in any subsequent proceedingthe arbitrator for decision.
(10) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11) The parties shall equally share the costs of the fees and expenses of arbitrator.
(12) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Expedited Arbitrations. (1a) The Union may refer a grievance Those grievances agreed to an expedited arbitration.
(2) The grievances be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration dateheard. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled as agreed to by the parties.
(3b) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4c) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5d) 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.
(6e) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7f) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) g) The decision of the arbitrator is to be completed and mailed emailed to the parties within three (3) working days of the hearing.
(9h) 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.
(10i) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11j) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12k) The expedited arbitrators, who shall act as sole arbitrators, shall be be: • ▇▇▇▇▇▇ ▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇ • or an alternative suitably registered with the B.C. Labour Board, mutually agreed agreeable to by both the parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13l) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.03.
(14m) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15n) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.05 for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1a) The Union may refer a grievance A representative of the Employer and the Secretary-Business Manager of the Union, or their designate, shall meet each month, or as otherwise mutually agreed to, to an review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration.
(2b) The grievances suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties.
(3c) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4d) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5e) 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.
(6f) 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 90 of the Labour Code.
(7g) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) 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.
(9i) 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.
(10j) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12l) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.be: • ▇▇▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇
(13m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.02.
(14n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15o) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.05 for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1) The Union may refer a grievance A representative of the Employer and the Secretary- Business Manager of the Union, or his/her designate, shall meet each month, or as otherwise mutually agreed to, to an review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration.
(2) The grievances suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties.
(3) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5) 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.
(6) 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 90 of the Labour Code.
(7) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) 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.
(9) 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.
(10) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both partiesbe: ▇▇▇▇▇▇ ▇▇▇▇▇, ▇. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, and determine the matter within two months of the referral to arbitration▇▇▇▇ ▇▇▇▇▇.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.02.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.05 for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1) Notwithstanding any other provisions of this Agreement, the following Expedited Arbitration Procedure is designed to provide prompt and efficient handling of routine grievances. The Union may refer a grievance to an expedited arbitration.
(2) The grievances suitable for expedited arbitration Expedited Arbitration Procedure shall be scheduled implemented in light of the circumstances existing in each plant, with due regard to the following:
1. A panel of Arbitrators, in sufficient number to ensure the successful operation of this procedure, will be designated by the parties. Their expenses and fees will be borne equally by the parties. The fees are to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be in an amount agreed to by the parties.
2. The procedure shall be as follows:
(3a) Within thirty (30) calendar days after receipt of the Step 2 answer, the Local Union shall assess which grievance shall be referred to Expedited Arbitration, and will so notify the Human Resources Manager. Should the representatives of the Company deem that the issue does not meet the criteria of Section 14.7.5(a) of this Article, the Local Union may nonetheless request that the issue proceed to Expedited Arbitration for resolution. In this situation, however, the first issue that must be ruled upon by the Arbitrator is whether or not the subject matter is one that meets the criteria of Section 14.7.5(a). If the Arbitrator concludes that the case is not appropriate for the Expedited Arbitration process, the case shall be referred back to the Union for further determination as at the conclusion of the Second Stage of the grievance stages.
(b) As to any grievance referred back to the Second Stage Representatives by the Staff Representative, the Chairman of the Local Union Grievance Committee may appeal it to the Expedited Arbitration Procedure by notifying the Plant manager within seven (7) calendar days of receipt of the referral from the Staff Representative. The location local plant representatives shall then arrange for handling in Expedited Arbitration as follows: The list of members of the panel shall be maintained alphabetically to be used by fixed rotation. The next panel member shall be contacted and requested to serve on the case or cases designated for Expedited Arbitration at a time and place agreed upon by the Second Stage Representatives. The date of the hearing is to be mutually agreed to by the parties, but shall be at a location central to the geographic area in which the dispute arose.
within ten (410) As the process is intended to be non-legal, lawyers may not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5) 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.
(6) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) The decision of the arbitrator is to be completed and mailed to the parties within three (3) working calendar days of the hearingappeal unless an extension of time is mutually agreed upon by the Second Stage Representatives.
(9) All decisions 3. Grievances shall be presented in the Expedited Arbitration Procedure by a previously designated representative of the arbitrators are to be limited in application to that particular dispute Local Union and are without prejudicea designated representative of local plant Management. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(10) All settlements Attendance of proposed expedited other persons at the arbitration cases made prior to hearing shall be without prejudicelimited to those who have personal knowledge of the grievance being presented.
(11) 4. The parties shall equally share the costs of the fees and expenses of arbitrator.
(12) The expedited arbitrators, who shall act as sole arbitrators, hearing shall be mutually agreed to by both parties. Should conducted in accordance with the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.following:
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1a) The Union may refer a grievance Those grievances agreed to an expedited arbitration.
(2) The grievances be suitable for expedited arbitration shall be scheduled to be heard on the next available expedited arbitration dateheard. Expedited arbitration dates shall be agreed to by the parties and shall be scheduled as agreed to by the parties.
(3b) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4c) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5d) 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.
(6e) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7f) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) 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.
(9h) 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.
(10i) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11j) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12k) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties▇▇▇▇ ▇▇▇▇▇; ▇. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration▇▇▇▇▇; ▇.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. a. If the Union at the national level elects to process a disciplinary/ adverse action under this Section, rather than Section 8, it shall within twenty (20) calendar days following the effective date of the disciplinary/adverse action, notify the Director, Office of Labor and Employee Relations, that it desires the matter be submitted directly to expedited arbitration. This request will include a completed standard grievance form.Within seven (7) calendar days after receipt of the request, an arbitrator shall be selected from the national or regional panel by the Parties or by alternately striking names until one (1) remains. An arbitrator unable to hear an expedited arbitration case within seven (7) calendar days shall be deemed unavailable and the next arbitrator in turn will be selected. The Union hearing shall be conducted as soon as possible.The arbitrator shall issue a decision as soon as possible, but no later than twenty-one (21) calendar days after the hearing has been held. The necessity for transcripts or filing of briefs shall be determined on a case-by-case basis.The election of either Party to request a transcript and/or file a post hearing brief shall not delay the time frame for the arbitrator to render his/her decision.
b. In cases other than disciplinary/adverse actions, either Party at the national level may refer a grievance particular issue to an expedited arbitrationarbitration in lieu of the normal arbitration process in this procedure.
(2) The grievances suitable request for expedited arbitration shall be scheduled to be heard on include a completed standard grievance form. The Parties shall meet and select an arbitrator from the next available expedited arbitration datenational or regional panel or by alternately striking names. Expedited arbitration dates The hearing shall be agreed to by conducted as soon as possible and shall be informal in nature.There shall be no briefs, no official transcripts, no formal rules of evidence, and the parties.
arbitrator shall issue a decision as soon as possible, but no later than five (35) The location calendar days after the official closing of the hearing is unless otherwise agreed between the Parties. Determinations as to be mutually agreed to by the parties, but whether expedited arbitration shall be at a location central to the geographic area utilized in which the dispute arose.
(4) As the process is intended to be non-legal, lawyers may not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5) 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.
(6) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance.
(7) Where mediation fails, or is not appropriate, a decision cases other than disciplinary/adverse actions shall be rendered based on the facts and circumstances of each case; however, only those grievances where the passage of time would preclude a remedy or result in irreparable harm are subject to this expedited procedure. Disagreements as contemplated herein.
(8) The decision of the arbitrator to whether an issue is to be completed and mailed to the parties within three (3) working days of the hearing.
(9) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions appropriate for this expedited procedure shall have no precedential value and shall not be referred to by either party in any subsequent proceedingthe arbitrator for decision.
(10) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11) The parties shall equally share the costs of the fees and expenses of arbitrator.
(12) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 excepting Article 8.03.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) for resolution.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Expedited Arbitrations. (1) The Union may refer a grievance A representative of the Employer and the Union, shall meet quarterly, to an expedited arbitrationreview outstanding grievances only.
(2) The 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.
(3) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5) 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.
(6) 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, Labour Relations Code.
(7) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) 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.
(9) 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 a subsequent proceeding.
(10) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12) The expedited arbitrators, who ▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇, shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.
(13) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.03.
(14) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.04 for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitrations. (1a) The Union may refer a grievance A representative of the Employer and the Secretary-Business Manager of the Union, or their designate, shall meet each month, or as often as is required, to an 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.
(2b) The 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.
(3c) The location of the hearing is to be mutually agreed to by the parties, parties but shall will be at a location central to the geographic area in which the dispute arose.
(4d) As the process is intended to be non-legal, lawyers may will not be used to represent either party. The parties shall endeavour to reach an agreed to statement of facts prior to the hearing.
(5e) 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.
(6f) 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, Labour Relations Code.
(7g) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) 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.
(9i) 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.
(10j) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12l) The expedited arbitrators, who shall act as sole arbitrators, shall be mutually agreed to by both parties. Should the parties fail to agree on an arbitrator either party may request the Minister of Labour to make such appointment. In this regard the parties agreed to make every effort to appoint an arbitrator who is available to hear and determine the matter within two months of the referral to arbitration.be: • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇ ▇▇▇▇ • ▇▇▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇
(13m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8 9 excepting Article 8.039.03.
(14n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.
(15o) Any suspension for alleged cause that is not dealt with under this Section shall be referred immediately to Section 8.01(b) 8.05 for resolution.
Appears in 1 contract
Sources: Collective Agreement