Formal Arbitration. 7.1 Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement.
7.2 Where, in addition to the Union under this collective agreement, there is another affected Union in respect of the dispute, the following provisions will apply.
7.2.1 The decision of the arbitration board will be final and binding on all parties;
7.2.2 Except to the extent this agreement provides for, or other parties agree upon, a single arbitrator, the Unions will attempt to agree upon a single nominee, failing which a Union nominee will be selected by the Roster member assigned to conduct the informal mediation.
7.2.3 The costs of any nominee, and of the Chair, will be shared by the Unions equally, unless the arbitrator or arbitration board awards some different apportionment.
7.3 In addition to any other powers provided by law or by the Collective Agreement, the arbitrator or arbitration board may, on the request of any affected party, by interim order, direct what ought to be done, or not be done, pending the arbitration hearing or ruling. Interim orders shall only be granted where there are substantial reasons for doing so, and shall be made in a manner that best accords with the provisions of the Framework Agreement.
7.4 Arbitrators shall be selected from the agreed list of arbitrators, either by agreement, or on the basis of the rotation provided for in the Framework Agreement.
7.5 Where an arbitrator or arbitration board appointed under this collective agreement, finds that the matter or any part of the matter arising in that arbitration properly falls within the scope of the Addendum, the arbitrator or arbitration board may direct the parties to pursue the matter in accordance with the provisions of this Addendum.
7.6 The arbitrator or arbitration board may make any directions as to timeliness or other procedural issue that appears just in all the circumstances. An application under this clause may be made by any party affected by the issue in question whether or not that party is a party signatory to the collective agreement. No such application may be made by an individual employee.
Formal Arbitration.
(a) Grievances related to an indefinite suspension, a discharge or separation of employment, classification or a Corporation grievance referred to in paragraph 19.02(e) shall be heard at arbitration using a formal hearing process.
(b) Any other unresolved grievances related to a grievance against an indefinite suspension, a discharge, or a separation of employment will be referred to formal arbitration to be heard together with the former, unless otherwise agreed by the parties.
(c) All classification grievances, grievances relating to a general question respecting the interpretation or application of the collective agreement, Corporation grievances, or group grievances concerning more than one (1) Corporate Division/Region shall be heard at formal arbitration.
(d) If a grievance is susceptible of having national consequences, the General Manager of Labour Relations or her authorized representative for the Corporation or an authorized representative of the Alliance may, by written notice sent to the other party within thirty (30) days of the notice of referral to arbitration, elect to have the grievance heard at formal arbitration. Either party may also elect that, given the nature of the issues raised, the formal arbitration be held in the National Capital Region.
(e) In all cases of formal arbitration, the arbitrator must hand down a written decision within sixty (60) days of the date of the hearing.
(f) The decision of the arbitrator shall be binding upon the Corporation and the Alliance and shall constitute a precedent and may be referred to in subsequent arbitrations.
Formal Arbitration. Where a party insists on formal arbitration, that arbitration will be established and conducted in accordance with the arbitration procedure in this collective agreement, modified as necessary to comport with the Framework Agreement.
Formal Arbitration. (a) Where a grievance is to be determined by arbitration that is not suitable for expedited arbitration pursuant to Clause 9.2(a) above, either party may refer the grievance to the formal arbitration procedure.
(b) Once either party has made such a referral, the request shall be made to set a date and an arbitrator to be assigned from a mutually agreed to list of arbitrators.
(c) Depending on availability, arbitrators will be assigned on a rotational basis.
(d) The mutually agreed arbitrators list shall be appended to the agreement. An arbitrator may be removed from the list by mutual agreement.
(e) The Arbitrator assigned may determine their own procedure in accordance with the relevant legislation and shall give full opportunity to all parties to present evidence and make representations. The Arbitrator shall hear and determine the difference or allegation and shall render a decision within 60 days of the conclusion of the hearing. For the agreement Addendum on Formal Arbitrators, the Union proposes the following: Xxxxxxxxxx Xxxxxxx Xxxx Xxxxx Xxx Xxxxx Xxxxx Xxxxxx QC
Formal Arbitration. Disputes arising between BART and the Association regarding any grievance as defined in the first paragraph of this Section that the parties elect not to submit to the Review Board may be submitted to final and binding arbitration provided, however, that BART need not submit to arbitration, unless the District so elects, any grievance which deals solely with any Management rights decision or policy which affects the operation and conduct of the District’s business and which has no practical consequence or effect on the wages, hours, or other terms and conditions of employment of any employee covered by this Agreement. In the event the parties to this Agreement are unable to agree upon the selection of an arbitrator, then either party may request the California State Mediation and Conciliation Service to furnish a list of five (5) persons from which the arbitrator shall be selected. The parties shall within five (5) working days after the receipt of such list determine by lot the order of elimination and thereafter each shall in that order alternately eliminate one (1) name until only one (1) name remains. The remaining person on the list shall be the arbitrator. The decision of the arbitrator shall be final and binding. In any arbitration held pursuant to the Agreement the person acting as arbitrator shall act in a judicial, not legislative manner. The arbitrator shall not amend, modify, nullify, ignore, add to or subtract from the provisions of the Agreement but, rather, shall interpret and apply its terms. The arbitrator shall consider and decide only the issue or issues agreed upon by the parties, including the issue of arbitrability. If the parties are unable to decide upon the issue or issues to be submitted to the arbitrator, the arbitrator shall decide what the issue or issues are, based upon the grievance that was filed. If the arbitrator sustains the grievance, he or she shall fashion an appropriate remedy that does not conflict with provisions contained in this Agreement. The salary and expenses of the arbitrator shall be borne equally by the parties to the proceedings and all other expenses shall be paid by the party incurring them.
Formal Arbitration. All other types of disputes will be decided through formal arbitration as set forth in this Section B. An arbitration panel consisting of three past or present officers of life and health insurance or life and health reinsurance companies not affiliated with either of the Parties in any way will settle the dispute. Each Party will appoint one arbitrator within thirty (30) calendar days of the demand for formal arbitration and the two so appointed shall then appoint the umpire. If either Party refuses or neglects to appoint an arbitrator within the thirty (30) calendar days, the other Party may appoint the second arbitrator. If the two arbitrators cannot agree on the umpire within thirty (30) calendar days after both arbitrators have been appointed, the two arbitrators shall select an umpire pursuant to the Umpire Selection Procedure of the ARIAS-US Certifiex Xxxitrators List available at www.ARIAS-US.org. Xxxxxx xxxxxx (30) calendar days after the appointment of the umpire, the arbitration panel shall meet and determine timely periods for briefs, discovery procedures, and schedules for hearings. The arbitration shall take place at a location determined by the arbitration panel and, insofar as the arbitration panel looks to the substantive law, it shall consider the laws of the state of Connecticut. The arbitration panel shall have the power to set all procedural rules for the arbitration, including the discretion to make any order with respect to pleadings, discovery, depositions, scheduling, the hearing, reception of evidence and any other matter whatsoever relating to the conduct of the arbitration. Within sixty (60) calendar days after the beginning of the arbitration proceedings the arbitration panel will issue a written, reasoned, decision on the dispute and a statement of any award to be paid as a result. The decision will be based on the terms and conditions of this Agreement as well as the usual customs and practices of the insurance and reinsurance industry, rather than on strict interpretation of the law. The decision will be final and binding on both Parties and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. In the absence of a decision to the contrary by the arbitration panel, each Party shall bear the expense of its own arbitration activities, including, but not limited to, its appointed arbitrator's fees, outside attorney fees, witness fees, expenses incurred in the taking or ...
Formal Arbitration. 3.5.2.1 All disputes arising in connection with this Agreement not resolved pursuant to the provisions of Section 3.5.1 shall be finally settled under the American Arbitration Association Rules by one or more arbitrators appointed in accordance with the said Rules. In the event of any conflict between the AAA Rules and this Agreement, the provisions of this Agreement shall govern.
3.5.2.2 The arbitration proceedings shall take place in NYC and the language of such proceedings, including arguments and briefs, shall be English.
3.5.2.3 This Section 3.5 shall not apply to Section 3.3.7 of this Agreement, wherein the Parties hereto have agreed that monetary damages may not suffice for a breach of Information.
Formal Arbitration a) The parties agree to use the following arbitrators: Xxx Xxxxxx Xxxx Xxxxxx Xxxx Xxxxx
b) As soon as the Arbitrator has been appointed, the Arbitrator will be encouraged to commence the hearing as soon as possible and further encouraged to render a decision within fourteen (14) calendar days.
c) The parties recognize that they are bound by a decision of the Arbitrator.
Formal Arbitration. 11.2.1 All disputes arising in connection with this Agreement not resolved pursuant to Article 11.1 will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with such Rules. If there is any conflict between the ICC Rules and this Agreement, the provisions of this Agreement will govern.
11.2.2 The arbitration proceedings will take place in Singapore and will be governed by the laws of New York.
11.2.3 Nothing in this Article 11 will preclude either Party from seeking equitable relief from a court for the other Party’s breach of its obligations set forth in Article 5.
11.2.4 Pending a decision by the arbitrators as referred to in this Article 11, each Party will, unless the other otherwise directs, fulfill all of its obligations hereunder.
Formal Arbitration. The parties agree to follow the generally accepted practice and procedure for labor arbitrations. Each party shall bear all costs for presentation of its case. Cost of the arbitrator shall be equally shared by the parties. Where both parties agree to use a certified shorthand reporter, the cost for the reporter shall be equally shared by the parties. The arbitrator’s jurisdiction shall be strictly limited to determining whether there has been a violation of a provision of this Agreement. The arbitrator shall not have any power to add, subtract, modify, or establish any terms or conditions in this Agreement.
