Common use of Expedited Procedure Clause in Contracts

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, except Paragraph J (Shelf Item Procedure), it shall be submitted to the expedited procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson of the Grievance Committee in the case of the Local Union and the Division Manager of Labor Relations in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, and holidays) thereafter. An arbitrator (regular arbitrator if available) shall hear the dispute and, if the arbitrator is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 Representative of the Union and the Step 3 Representative of the Company. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopened pursuant to this paragraph, the arbitrator shall determine whether the work in dispute, as it actually was performed, violated the provisions of Section 3 of this Article and, if so, the remedy. The prior decision regarding the subject work shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous description.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this SectionSubsection, except Paragraph J J. (Shelf Item Procedure), it shall be submitted to the expedited procedure Expedited Procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure Expedited Procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson chairperson of the Grievance Committee grievance committee in the case of the Local Union and the Division Manager of Labor Relations Area Manager-Human Resources in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, Sundays and holidays) thereafter. An arbitrator (regular arbitrator if available) The Impartial Umpire, or his/her appointee, shall hear the dispute and, if the arbitrator no Umpire is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 Representative 4 representative of the Union and the Step 3 Representative Vice President-Human Resources of the Company. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration arbitration, except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable practi- cable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopened pursuant to this paragraph, the arbitrator Im- partial Umpire shall determine whether the work in dispute, as it actually was performed, violated the provisions of Section 3 of this Article II., Subsection 6., and, if so, the remedy. The prior decision regarding the subject work shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous description.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, except Paragraph J paragraph I (Shelf Item Procedure), it shall be submitted to the expedited procedure Expedited Procedure in accordance with the following: (1. ) In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure Expedited Procedure shall be implemented prior to letting a binding contract. (2. ) Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson chairman of the Grievance Committee grievance committee in the case of the Local Union local union and the Division Manager manager of Labor Relations labor relations in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. (3. ) An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, Sundays and holidays) thereafter. An arbitrator (regular arbitrator if available) The Arbitrator shall hear the dispute and, if the arbitrator no Arbitrator is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 Representative District Director of the Union and the Step 3 Representative Vice President Human Resources of the Company. (4. ) The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. (5. ) Notwithstanding any other provision of this Agreement, Agreement any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial material respect from the description presented in arbitration except where the difference involved a good faith variance as to the magnitude of the projectarbitration. The request to reopen the case must be submitted within seven (7) 7 days of the date on which the Union knew or should have known learned of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after Upon receipt of a request to reopen, an arbitration the Arbitrator shall schedule a hearing date shall be scheduledin accordance with these procedures. In a case reopened pursuant to this paragraph, the arbitrator Arbitrator shall determine whether the work in dispute, as it actually was performed, violated the provisions of Section 3 of this Article and, if so, the remedy. The No prior decision regarding in the subject work matter shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous descriptionany weight.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, except Paragraph J (Shelf Item Procedure), it shall be submitted to the expedited procedure Expedited Procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, and emergency situations, the expedited procedure Expedited Procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson Chairman of the Grievance Committee in the case of the Local Union and the Division Manager of Labor Relations in the case of the Company) may advise the other in writing that it is invoking this expedited procedureExpedited Procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, Sundays and holidays) thereafter. An The arbitrator (regular arbitrator if available) selected from the Arbitration Panel shall hear the dispute and, if the arbitrator selected is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of from the Step 3 Representative of the Union and the Step 3 Representative of the CompanyArbitration Panel. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not may be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration arbitration, except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopened pursuant to this paragraph, the arbitrator Arbitrator shall determine whether the work in dispute, as it actually was performed, violated the contracting out provisions of Section 3 of this Article and, if so, the remedy. The prior decision regarding the subject work shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous description.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, except Paragraph J (Shelf Item Procedure), it shall be submitted to the expedited procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson of the Grievance Committee in the case of the Local Union and the Division Manager of -- Labor Relations in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, and holidays) thereafter. An arbitrator (regular arbitrator if available) shall hear the dispute and, if the arbitrator is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 4 Representative of the Union and the Step 3 4 Representative of the Company. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopened pursuant to this paragraph, the arbitrator shall determine whether the work in dispute, as it actually was performed, violated the provisions of Section 3 of this Article and, if so, the remedy. The prior decision regarding the subject work shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous description.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this SectionSubsection, except Paragraph J J. (Shelf Item Procedure), it shall be submitted to the expedited procedure Expedited Procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure Expedited Procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson chairperson of the Grievance Committee grievance committee in the case of the Local Union and the Division Manager of Labor Relations Area Manager-Human Resources in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, Sundays and holidays) thereafter. An arbitrator (regular arbitrator if available) The Impartial Umpire, or his/ her appointee, shall hear the dispute and, if the arbitrator no Umpire is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 Representative 4 representative of the Union and the Step 3 Representative Vice President-Human Resources of the Company. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration arbitration, except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopened pursuant to this paragraph, the arbitrator Impartial Umpire shall determine whether the work in dispute, as it actually was performed, violated the provisions of Section 3 of this Article II., Subsection 6., and, if so, the remedy. The prior decision regarding the subject work shall be considered in the determination and given weight in the subsequent dispute, except to the extent that it relied on an erroneous description.