FAST TRACK MED/ARB PROCESS Clause Samples
The FAST TRACK MED/ARB PROCESS clause establishes an expedited procedure for resolving disputes by combining mediation and arbitration in a streamlined manner. Under this clause, parties first attempt to settle their dispute through mediation within a set, shortened timeframe; if mediation fails, the matter automatically proceeds to arbitration, often with the same neutral party serving as both mediator and arbitrator. This approach accelerates dispute resolution, reduces procedural delays, and ensures that parties achieve a binding outcome efficiently, addressing the need for swift and cost-effective conflict management.
FAST TRACK MED/ARB PROCESS. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 21 of the Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. (i.e. H.I.R. - Local 40).
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 103 of the Labour Relations Code, i.e., Employer-1/3, Union-1/3, Government-1/3.
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
5) No legal counsel will be used by either party. The Union will use elected officers or business representatives. H.I.R. will use employees of their Industrial Relations Division.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed Statement of Facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of "onus".
FAST TRACK MED/ARB PROCESS. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 20 of the Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. (i.e. H.I.R. - Local 40).
2) The outcome will be binding on the parties.
3) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator.
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
5) No legal counsel will be used by either party. The Union will use elected officers or business representatives. H.I.R. will use employees of their Industrial Relations Division.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of "onus".
12) The offices of Hospitality Industrial Relations and of Hotel, Restaurant and Culinary Employees and Bartenders Union, Local 40 will be used for the process on an alternating basis starting with the Hotel, Restaurant and Culinary Employees and Bartenders Union, Local 40 offices.
FAST TRACK MED/ARB PROCESS. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 19 of the Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 103 of the Labour Relations Code.
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
5) No legal counsel will be used by either party. The Union will use elected officers or business representatives. Cara will use employees of their Industrial Relations Division.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of “onus”.
FAST TRACK MED/ARB PROCESS. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 21 of the Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. (i.e. H.I.R. - Local 40).
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 103 of the Labour Relations Code.
FAST TRACK MED/ARB PROCESS. Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 18 of the Collective Agreement.
1) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
2) The outcome will be binding on the parties.
3) The cost will be borne in accordance with Section 103 of the Labour Relations Code. i.e. Employer-1/3, Union-1/3, Government 1/3.
4) The procedure cannot be used should an application for a Settlement Officer under Section 87 of the Labour Relations Code have been made by either party.
5) No legal counsel will be used by either party. The Union will use elected officers or business representatives.
6) The number of cases to be heard at any given time will not exceed three (3).
7) The parties or their representative will try to get an agreed statement of facts for presentation to the arbitrator.
8) Wherever possible the arbitrator will attempt to mediate a settlement between the parties.
9) In such case that the arbitrator must write a decision, such decision shall be brief and to the point.
10) An agreed schedule for the process will be arranged in advance, based on a mutual assessment of the length of time needed to present each case.
11) General rules of evidence will be waived except for the rule of "onus".