Common use of Expedited Classification Appeals Clause in Contracts

Expedited Classification Appeals. The classification expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties, but will be at a location central to the geographic area in which the dispute arose. (2) Unless otherwise mutually agreed, each party shall be limited to a four (4) hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) 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. (5) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. The arbitrator shall make every effort to deliver a decision to the parties within seven (7) days of the hearing. (6) Outstanding classification appeals shall be heard under this article by Xxxx Xxxxxx, Xxxx Xxxxxx or Xxxx Xxxxxx. The decision of the Classification Referee shall be final and binding on both parties. (7) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. (8) The parties shall equally share the costs of the fees and expenses of the arbitrator. (9) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 11 excepting Article 11. 04. It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Expedited Classification Appeals. The classification expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties, but will be at a location central to the geographic area in which the dispute arose. (2) Unless otherwise mutually agreed, each party shall be limited to a four (4) hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) 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. (5) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. The arbitrator shall make every effort to deliver a decision to the parties within seven (7) days of the hearing. (6) Outstanding classification appeals shall be heard under this article by Xxxx Xxxxxx, Xxxx Xxxxxx or Xxxx Xxxxxx. The decision of the Classification Referee shall be final and binding on both parties. (7) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. (8) The parties shall equally share the costs of the fees and expenses of the arbitrator. (9) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 11 excepting Article 11. 04. It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Expedited Classification Appeals. The classification expedited arbitration process shall be governed gov- erned by the following principles: (1) The location of the hearing shall be agreed to by the partiespar- ties, but will be at a location central to the geographic area in which the dispute arose. (2) Unless otherwise mutually agreed, each party shall be limited lim- ited to a four (4) hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside out- side legal counsel. (4) 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 presentationspre- sentations. (5) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. The arbitrator shall make every effort to deliver a decision to the parties within with- in seven (7) days of the hearing. (6) Outstanding classification appeals shall be heard under this article by Xxxx Xxxxxx, Xxxx Xxxxxx or Xxxx Xxxxxx. The decision of the Classification Referee shall be final and binding on both parties. (7) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. (8) The parties shall equally share the costs of the fees and expenses of the arbitrator. (9) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 11 excepting Article 11. 04. It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.

Appears in 1 contract

Samples: Maintenance Agreement

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