Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, or complaints arise over the interpretation or application of the contents of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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GRIEVANCE AND ARBITRATION. Section 1. If any differencesAny complaint, disputescontroversy, dispute, or complaints arise over claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or application any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the contents parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, there and shall by an xxxxxxx effort by both parties have no power to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employerchange, shall make the immediate effort in an amicable manner to settle the issueadd to, or subtract from any provision. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration4. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the losing partyCompany and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. (6) The Local Union and 5. A failure to submit a grievance or demand arbitration in accordance with the Contractors agree that there requirements set forth above, including the time limits, shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through permanently bar the grievance procedures set forth above with and/or the following exceptions: (a) Where a party refuses to process a dispute under arbitration as the terms of this Articlecase may be. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1(a) In the event of a complaint or grievance arising under the terms of this agreement, the Shop Xxxxxxx shall take the matter up with a supervisor and every reasonable effort shall be made to reach a satisfactory solution. If Provided, however, that this shall not bar the affected employee's right first to endeavor to adjust the matter with his supervisor, so long as the adjustment does not violate any differences, disputes, or complaints arise over the interpretation or application of the contents provision of this Agreement. On.written grievances, there shall the supervisor will make every effort to hold a hearing within five days, but must hold a hearing within' ten days of receipt of the grievance. This may be extended by an xxxxxxx effort by both parties to settle mutual agreement between the same with the following steps: (1) The Xxxxxxx representing the Local Union Council and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issueUnion. (2b) If no satisfactory solution can be reached, the issue Business Agent of the Union shall take the matter up with the designated supervisor of the Council within five days after the occurrence of the event complained of. If the Business Agent and the Council designee cannot be resolved by reach a satisfactory agreement, the Xxxxxxx and the Employer’s representative, it matter shall be referred to and considered by a representative of the Employer and Council Executive Board in an attempt to resolve the business representative of Local Union within 48 hourscomplaint before referring such complaint to arbitration as provided herein. (3c) If Any complaint as to a layoff, suspension or dismissal must be made by the issue Shop Xxxxxxx to the Council in writing within seven days from the date thereof or it shall not be subject to arbitration. (d) Any grievance or disputes arising under the terms of this agreement which cannot be resolved adjusted by the business representative and representatives of the Employer parties shall be submitted to arbitration within two (2) 30 calendar days, unless the grieved party parties agree to an extension. In the event the parties cannot agree upon an arbitrator, they shall have jointly request a list of arbitrators from the right to submit American Arbitration Association and shall select the issue to arbitrationarbitrator from that list by alternately striking names. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union final and binding on all parties and the Contractors parties agree to comply with such decision. It is clearly understood that there the arbitrator shall be no strikes not have the power to add to, subtract from, or lock-outs during the life alter any of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this ArticleAgreement. The fee of the impartial arbitrator shall be borne equally by the parties. (be) Where Employees shall not be charged for loss or damages unless clear proof of gross negligence is shown. No deduction of any kind shall be made without a party refuses to abide by an award or decision of hearing with the arbitratorUnion, if requested. (cf) Where an Employer fails The Council recognizes the employee’s right to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreementbe given requested representation by a Shop Xxxxxxx, or Article XI of this Agreementa designated Union representative, at such time as the employee reasonably contemplates disciplinary action. As The Council also recognizes the Shop Xxxxxxx’x right to each be given requested representation by another Shop Xxxxxxx, or a designated Union representative, at such time as the Shop Xxxxxxx reasonably contemplates disciplinary action. When requested by the Union or the employee, there shall be a Shop Xxxxxxx present whenever the agents of the above exceptionsCouncil meet with an employee concerning grievances, discipline, or investigatory interviews. In such cases, the no-strike clause meeting shall be reasonably delayed until the Shop Xxxxxxx or alternate Xxxxxxx is present in person or by phone. The Union will maintain a list of Shop Stewards and alternates with the Council. If an employee does not wish to have a Shop Xxxxxxx a note of such request will be applicable made for the file and can be shared with the Union shall be free to peaceably picket and/or strikefor their records.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If For the purpose of this Agreement, a grievance is defined as any differences, disputes, dispute or complaints arise over disagreement between an employee or employees and the Company or the Union and the Company as to the interpretation or application of the contents of this Agreement, there . All grievances shall be resolved in an orderly manner as provided in this Article. STEP 1. An employee grievance shall first be taken up by an xxxxxxx effort by both parties to settle conference between the same with the following steps: (1) The Xxxxxxx representing the Local Union aggrieved employee and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issueSupervisor. (STEP 2) . If the issue cangrievance is not be resolved by the Xxxxxxx and the Employer’s representativesettled in Step 1, it shall be referred to and considered by a representative the responsibility of the Employer aggrieved employee to reduce any grievance to writing on the regular grievance form not later than ten (10) working days from the Step 1 conference and submit it to the Supervisor. The Supervisor will set up a meeting between the grievant and an officials of the Union, along with Supervisor and the business representative of Local Union Human Resources Representative within 48 hoursfive (5) working days. (STEP 3) . If the issue cangrievance is not be resolved by the business representative and the Employer within two (in Step 2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit may be requested to supply a panel of five seven (57) individuals, any one of whom could act as arbitrator. The Arbitrators by either party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike within two (2) names from weeks. The parties will thereafter meet or otherwise confer to select the list until one name is leftArbitrator. The Union and the Company shall each have the right to strike three (3) names, and that individual the last remaining named person shall be the arbitrator. (4) Arbitrator. - Time limits set forth above may be extended by mutual written agreement of the parties. - The arbitrator thus Arbitrator so selected shall hold schedule a prompt hearing upon the issue making such investigation as at which time he shall deem necessary have the power to a proper make determinations of facts of the questions submitted to him and apply them to the provisions of the Agreement alleged to have been violated. - No arbitrator shall have the jurisdiction or authority to add to, take from, nullify or modify any of the terms of this Agreement or to impair any of the rights reserved to the parties under the terms thereof. - The decision of the Arbitrator shall be in writing and render his decision in writing, which will shall be final, final and conclusively binding upon the parties to this Agreement. NamelyCompany, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there affected employees. - In the event an arbitrator awards back pay, the following shall govern: Any Unemployment Compensation received by the employee or interim earnings verified by the Company shall be applied to offset any back pay. - The Company and the Union shall be responsible for one-half of the expenses and fees of an arbitrator designated under this Article. There shall be no authorized strikes or lock-outs lockouts during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this ArticleAgreement. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Labor Agreement (Morgan Products LTD)

GRIEVANCE AND ARBITRATION. Section 1. If 31.01 A grievance is any differencesdifference arising between the University of New Brunswick and the Association or between the University of New Brunswick and any Contract Academic Employee(s) in the bargaining unit relating to the interpretation, disputesapplication or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or complaints arise over any allegation that this Collective Agreement has been violated. 31.02 The Parties agree to make every reasonable effort to settle all grievances in a prompt, amicable, just and equitable manner. Whenever possible, informal methods such as, but not limited to, those set out in Article 31.10 and Article 11 shall be used. 31.03 The Parties agree that there shall be final and binding settlement by arbitration or by the interpretation or application other means provided for in this Article, of all grievances arising during the contents course of this Collective Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If 31.04 The Parties agree not to practice any discrimination, harassment, or coercion of any kind against any Contract Academic Employee who elects to use or not to use the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hoursprocedures set out in this Article. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. 31.05 The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors Parties agree that there shall be no strikes grievances or lock-outs during arbitration founded upon Articles 1 or 2, or upon actions taken by the life Board of Governors upon the recommendations arising out of the recommendatory processes of Article 5 insofar as such actions are not in conflict with this Agreement. The Parties further agree that appointments made by the University of New Brunswick are not grievable unless the relevant provisions of this Collective Agreement and that all disputes arising under this Agreement have been violated. All grievances shall be settled through processed according to the terms and the procedures of the Collective Agreement under which they were filed. The Parties further agree that there shall be no grievances or arbitration founded upon the disposition of the market differential adjustments insofar as the disposition is not in conflict with this Collective Agreement. 31.06 A representative of the Association shall be present at all stages of the formal grievance and arbitration procedures, and may represent the grievor during those procedures. In addition, the grievor may be accompanied by another Contract Academic Employee, who may represent the grievor, at all formal stages of the grievance procedures set forth above with procedures. A representative from Human Resources and Organizational Development may accompany the Xxxx or Vice-President at all stages of the formal grievance and arbitration 31.07 All written communications required in this Article shall be delivered by either Canada Post Office certified mail or University campus delivery for which acknowledgement of receipt has been obtained. Such communications will be deemed to have been delivered on the fifth day following exceptions: (a) Where posting, unless evidence exists to the contrary. Any attempt by a party refuses Contract Academic Employee to process deliberately avoid receiving a dispute written communication sent under the terms of this ArticleArticle shall be deemed to constitute receipt of the communication. A copy of all communications required by this Article shall be sent to the Association by the University of New Brunswick authority who is sending such communications, and vice-versa. 31.08 Grievances are defined in Article 31.01 and shall be classified as follows (subject to Article 31.09): (a) Individual grievance shall mean a grievance involving a Contract Academic Employee and particular to that Contract Academic Employee. (b) Where Group grievance shall mean a party refuses grievance involving a group of Contract Academic Employees and common to abide by an award or decision of the arbitratorall Contract Academic Employees in that group, which shall be processed as a single grievance. (c) Where an Employer fails Policy grievance shall mean a grievance initiated by the Association which has general application to makethe bargaining unit as a whole, when due, any payments required under this Agreement, including wage and fringe benefit paymentsor to a clearly definable group within the bargaining unit. (d) Where University of New Brunswick grievance shall mean a grievance initiated by the dispute involves any issue arising from out University of Article 1New Brunswick which has general application to the Association, Section 7, of this Agreement, Article II of this Agreementthe bargaining unit as a whole, or to a clearly definable group within the bargaining unit. 31.09 The grievor in this Article XI shall mean the Party, Contract Academic Employee or group of this AgreementContract Academic Employees initiating the grievance. As to each of Individual and group grievances may be initiated by the above exceptionsAssociation, or by the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strikeContract Academic Employee(s) involved.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, : Any and all disputes, complaints, controversies, claims or complaints grievances whatsoever between the Union or any employees and the Employer which arise over the interpretation under, out of, or application of the contents of in connection with, or are in any manner related to this Agreement, there or the breach thereof, shall by an xxxxxxx effort by both parties to settle the same with the following stepsbe adjusted as follows: (1a) The employee involved and / or the Shop Xxxxxxx representing shall discuss the Local Union grievance with his immediate xxxxxxx within forty-eight (48) hours after the grievance arises excluding non­ work days, or forty-eight (48) hours after the grievance became known or should have became known, whichever occurred first. b) If not settled under Step (a) within three (3) working days after it arises, the grievance shall be immediately reduced to writing and taken up between the representative Business Representative and a Representative of Management within five (5) working days. c) Grievances shall not be processed during working periods, except by mutual consent of the Employer, shall make the immediate effort in an amicable manner to settle the issueparties. (2a) If The Employer shall not discharge, suspend, or otherwise discipline any employee who has completed his probationary period without just cause. In the issue event a grievance, as defined herein, is lodged which cannot be resolved by satisfactorily through the Xxxxxxx and the Employer’s representativegrievance procedure set out in Section 1 above, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved either party shall have the right to submit request arbitration by notice to the issue to arbitration. The party requesting other in writing within thirty (30) days after the arbitration shall request grievance arises. b) If the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list Union and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing Employer are unable to agree upon the issue making such investigation as he shall deem necessary selection o f an impartial, arbitrator within seven (7) days, either may request in writing the American Arbitration Association to a proper appoint an arbitrator and conduct an arbitration proceeding in accordance with its rules. A decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above not inconsistent with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Articleagreement shall be final and binding upon the Employer, the Union and the employee(s). Eastern Crown Inc. 11 September 1, 2015 to August 31,2018 c) The arbitrator shall not have the authority to amend, modify or any manner change this agreement or establish any terms or conditions under this agreement. (bd) Where a party refuses The grieving party’s failure to abide by an award or decision comply with any of the arbitratortime provisions contained herein shall render a grievance untimely. (ce) Where an Employer fails Stewards and alternates shall be permitted to makeinvestigate, when due, any payments required under this Agreement, including wage present and fringe benefit payments. (d) Where process grievances upon the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each property of the above exceptionsEmployer, without loss of time or pay, so long as such period does not exceed fifteen (15) minutes a day, in any single day, unless extended by mutual -----agreement with the no-strike clause will not be applicable Union and the Union shall be free to peaceably picket and/or strike.Employer.------ ------- ----------------------------------------------

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1Any dispute, difference. If any differences, disputes, or complaints arise over grievances affecting or arising out of the interpretation or application of the contents administration of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it agreement shall be referred to and considered adjusted. if possible. by a representative negotiations between appointed Representatives of the Employer and Trade Union. A meeting to any such dispute or grievance shall be called within five (5) days after the business representative of Local Union within 48 hours. (3) If circumstances giving rise to the issue cannot be resolved by the business representative dispute or grievance and the Employer shall endeavour to reach a decision within two (2) calendar daysdays thereafter Where a difference arises between any of the Parties hereto relating to the interpretation, application or administration of this agreement including any questions as to whether a matter arbitrable, either of the grieved party shall have Parties may, after exhausting the right grievance procedure described above, notify the other Party in writing of the desire to submit the issue difference or allegation to arbitration, and the notice shall contain the name of the nominee of the Party wishing to bring the matter to Such written notice shall also state the matter or matters dispute to be with by the Arbitration Board and what relief, if any is claimed by the Parties requesting arbitration. The party requesting the arbitration Party receiving such notice shall request the Federal Mediation and Conciliation Service submit a panel of within five (5) individualsdays, any one advise the other Party of whom could the name of its nominee to the Arbitration Board. The two nominees so selected shall. within five (5) days of the appointment of the second of them appoint a third Party who shall act as arbitratorChairman of the Arbitration Board. If the recipient of the notice fails to appoint an Arbitrator, or if the two appointees to agree upon a Chairman within the limit set out herein, the appointment shall be made by the Minister of Labour for Ontario upon request of either Party. The party requesting arbitration Arbitration Board shall immediately strike two names from such list hear and determine the parties difference or differences between the Parties and shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold issue a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will decision shall be final, final and conclusively binding upon the parties to this AgreementParties and upon any employee affected. Namely, the Union, the Employer, and the Employees. (5) The expense decision of a majority of the arbitrator Board shall be borne the of the Board and ifthere is no majority the decision of the Chairman shall govern. However. it understood that the authority of the Arbitration Board or the decision made by the losing party. (6) The Local Union and the Contractors agree such Board is limited in that there shall be no strikes alteration to or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses subtraction from or modification or amendment to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI part of this Agreement. As to each The fees and expenses of the above exceptions, the noshall be one-strike clause will not be applicable and half by the Union and one-half by the Employer. Any other costs or expenses in connection with such arbitration shall be free to peaceably picket and/or strikeby the Party incurs them.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 118.1 The griever shall first present their grievance verbally to the Xxxxxxx under whose direction they are under, or in the case of a dismissal was working. The Employee may be accompanied by their Xxxxxxx. The Xxxxxxx shall give their answer not later than 12:00 noon following the day on which the grievance is presented to them. If any differences, disputes, or complaints arise over the interpretation or application decision of the contents of this Agreement, there shall by an xxxxxxx effort by both parties to settle Xxxxxxx is unacceptable the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it grievance shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cansubmitted in writing, not be resolved by the business representative and the Employer within later than two (2) calendar days, working days following the grieved party day on which the grievance is presented to the Xxxxxxx. (A) The Union shall have the right be entitled to submit a grievance in writing directly to the issue to arbitration. The party requesting Superintendent of the arbitration Employer concerned or the Employer’s Representative who shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike render their decision not later than two (2) names from working days following the list until one name is leftpresentation of the grievance to them. (B) The Employer or their Representative shall be entitled to submit a grievance in writing directly to the Business Agent and/or Representative concerned who shall render their decision not later than two (2) working days following the presentation of the grievance to them. 18.3 Where a policy grievance arises, Articles 18.1 and 18.2, shall not be required and the parties can proceed directly to arbitration. Before introducing policy grievances to arbitration, all efforts shall be made to settle the grievances. 18.4 After exhausting the procedures set out in the foregoing paragraphs, either of the parties involved shall notify the other party in writing of its desire to submit the differences or allegations to arbitration, and that individual the notice shall be contain the name of the party’s appointee as arbitrator. 18.5 The recipient of the notice shall within three (43) regular working days advise the other party of the name of its appointee as Arbitrator. The two parties will then discuss which arbitrator thus selected shall hear the case. If the parties cannot agree on a single arbitrator, then the appointment shall be made by the New Brunswick Minister of Labour upon the request of either party. 18.6 The Arbitrator shall hold a hearing upon within four (4) days after the grievance is submitted to them and the Arbitrator shall render their decision not later than seven (7) days after the completion of the hearing. 18.7 Except in the cases where loss or injury might occur through continued employment of the person or persons involved, the Employer shall not implement any decision with respect to suspension or discharge of an Employee or employees until the above procedure has been completed, and the decision of the Arbitrator is submitted to the parties. 18.8 The Arbitrator shall have the jurisdiction and authority to: (A) Alter any discipline imposed by an Employer, including altering a discharge or suspension. (B) Make such award or other direction as the Arbitrator considers just and necessary in the circumstances to resolve the grievance. (C) Award compensation, including damages. (D) The Arbitrator shall in no way be empowered to alter or amend the terms of the Collective Agreement without the written consent of both parties of this Agreement. 18.9 The Arbitrator shall hear and determine the difference or allegation and shall issue making such investigation as he shall deem necessary to a proper decision and render his the decision in writing, which will be final, is final and conclusively binding upon the parties to this Agreementand upon any Employee or Employer affected by it. Namely, the Union, the Employer, The Employer and the EmployeesUnion will co-operate in making sure that if an award is made and not appealed, that either party will institute the Arbitrator’s decision at the earliest possible date. (5) 18.10 The expense cost of the arbitrator each arbitration case shall be borne equally by the losing partyboth parties. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision 18.11 Notwithstanding Article 18.7 of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Collective Agreement, including wage and fringe benefit payments. (d) Where where the dispute involves any issue arising from out Employer determines, at its discretion, that it would be inappropriate or unacceptable for an Employee who has engaged in misconduct which warrants termination of Article 1employment, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of remain in the above exceptionsworkplace, the no-strike clause will not be applicable Employer may implement the decision to discharge that Employee and remove that person from the Union shall be free to peaceably picket and/or strikeworkplace.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, A. Any and all disputes, controversies, claims, grievances or complaints arise over allegations of contractual violations arising under this Collective Bargaining Agreement and every contract or agreement between the Management and every AGMA-represented Artist, and/or with regard to the interpretation and enforcement thereof, (hereinafter ‘grievances’) and all questions of arbitrability, shall be exclusively resolved pursuant to the following Grievance and Arbitration provision, which shall also be deemed to be incorporated by reference into every contract or application agreement between the Management and every AGMA-represented Artist. B. Any such grievance shall be communicated by AGMA to the Management or by the Management to AGMA within thirty (30) days of its occurrence or the discovery of its occurrence (whichever is later). Such communication shall be in writing and directed to the Management’s Executive Director or AGMA’s Executive Director, or their designees. Thereafter, the Management’s Executive Director or their designees and AGMA’s Mid-Atlantic Counsel or Business Representative shall discuss the grievance informally in an attempt to resolve it to their mutual satisfaction. C. If, within thirty (30) days following the communication of the contents grievance, such informal discussions have not resulted in a settlement of this Agreementthe grievance, there then by the thirty-seventh (37th) day following the communication of the grievance, the Management’s Executive Director and AGMA’ s Mid-Atlantic Counsel or Business Representative shall by an xxxxxxx effort by both parties to settle the same meet, along with the following steps: (1) The Xxxxxxx representing the Local Union and the another representative of the EmployerManagement and another representative of AGMA, shall make to discuss the immediate effort grievance in a formal grievance meeting, in an amicable manner attempt to settle resolve that grievance. If that meeting fails to occur by the issue37th day or if no resolution of the grievance can be reached at that meeting, then either party can refer the grievance to final and binding arbitration. For purposes of this provision, days shall mean calendar days. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it D. Any such arbitration shall be referred to and considered by a representative conducted in accordance with the then-current Rules of Voluntary Labor Arbitration of the Employer American Arbitration Association (“AAA”) and the business representative of Local Union within 48 hours. (3) If the issue cannot any arbitration shall be resolved by the business representative and the Employer within two (2) calendar daysheld in Washington, the grieved party shall have the right to submit the issue to arbitrationDC. The party requesting the arbitration Arbitrator’s Decision and Award shall request the Federal Mediation be final and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitratorbinding. The party requesting arbitration shall immediately strike two names from such list Arbitrator’s fees and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator any AAA fees shall be borne equally by the losing party. (6Management and AGMA. The Arbitrator shall not be empowered to change any provision of the Collective Bargaining Agreement or any provision of any contract or agreement between the Management and an AGMA-represented Artist but shall determine whether or not a violation or breach of such agreement(s) The Local Union and the Contractors agree that there has occurred and, if so, what if any remedy shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Articleordered. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputesA. Any dispute or controversy arising out of, or complaints arise over in connection with, the application or interpretation or application of this Agreement (hereinafter, a “grievance”), shall be settled by and between the duly authorized representatives of the contents Union and the Employer. All grievances must be in writing and must be delivered to the Senior Director, Human Resources or their designee no later than twenty (20) business days from the date that the facts giving rise to the grievance were known or should have been known with the exercise of due diligence. The Center and the Union shall meet to discuss the grievance within fifteen (15) business days of the receipt of the grievance. B. Any grievance not settled by the duly authorized representatives of the Union and the Employer shall, at the option of either party, within twenty (20) business days of the grievance meeting, be submitted to arbitration before a single impartial arbitrator chosen in accordance with the Labor Arbitration Rules of the American Arbitration Association. C. The Arbitrator shall not have the power to add to, subtract from, or modify any of the terms of this Agreement. The decision of the Arbitrator shall be in writing and shall be final and binding upon the Employer, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative employees. The fee of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it Arbitrator shall be referred to and considered shared equally by a representative of the Employer and the business representative Union. Wherever possible, hearings shall be scheduled on the premises of Local Union within 48 hoursthe Employer. D. Employees shall have a right to Union representation at each step of the grievance procedure. E. In the event the time periods set forth in (31) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar daysare not adhered to, then the grieved party grievance or the arbitration, as the case may be, shall be barred and the Arbitrator shall have the right no authority to submit the issue to arbitrationhear or decide it except for good cause. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list Employer and the parties shall immediately alternately strike two Union may extend the time limits set forth in (1) and (2) names from the list until one name is left, and that individual above by mutual agreement. E-mail shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision suffice for any writing requirement in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses F. No individual employee may initiate any arbitration proceeding or move to abide by confirm or vacate an award or decision of the arbitratorarbitration award. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 112.1 The provisions of this Article are the sole and exclusive means for seeking adjustment and resolution of grievances under this Agreement. If A grievance is any differencesdispute arising between an employee or group of employees and the Town concerning the interpretation, disputes, or complaints arise over the interpretation or application of the contents express terms of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising procedure for resolving grievances under this Agreement is as follows: Step One: A written grievance shall be settled through presented, in the first instance, to the Highway Superintendent within ten (10) working days after the grievant knew, or reasonably should have known, of the act or occurrence upon which the grievance procedures set forth above is based. The Highway Superintendent, or his designee, shall respond to the grievance in writing within ten (10) working days from the timely receipt of the grievance. Step Two: In the event the grievance is not resolved, a written appeal may be presented to the Town Supervisor, within ten (10) working days after receipt of the Step One decision. The appeal shall contain a short, plain statement, which includes: the grievant’s name; the contractual provision allegedly violated; date of the alleged violation; and a clear and concise basis for the appeal. The appeal must be dated and signed by the grievant and the Union representative. The Town Supervisor shall meet with the following exceptions:employee and/or the Union representative and shall issue a written decision not later than ten (10) working days after receipt of the grievant’s appeal. Step Three: Arbitration (a) Where a party refuses to process a dispute Grievances, which are arbitrable under the terms of this Article, may be appealed to arbitration by filing a Demand for Arbitration with the Public Employment Relations Board (PERB) not more than fifteen (15) days after receipt of the Step Two decision. (b) Where The party seeking arbitration shall request a party refuses list of seven (7) arbitrators from PERB. The parties shall alternatively strike names from the panel and the last remaining name shall be the arbitrator for the grievance. The arbitration shall be held within thirty (30) working days after the selection of the arbitrator, unless the Town and the Association mutually agree, in writing, to abide by an award or decision extend the time limit due to the unavailability of the arbitrator. In this case, the arbitration must be held within sixty (60) days after selection of the arbitrator. (c) Where an Employer fails The arbitrator shall have no power to makeadd to, when duesubtract from or otherwise modify any provision of this Agreement in arriving at a decision of the issue presented. The arbitrator shall confine the decision to the precise issue submitted, any payments required under this Agreementand the relief requested, including wage and fringe benefit paymentsat the time the grievance was reduced to writing at Step One. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each 12.2 The fees and expenses of the above exceptionsarbitrator, and the no-strike clause will cost of the hearing room shall be shared equally by the Town and the Union. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the other party’s share of the divided cost or of the expense of witnesses or participants called by the other. Section 12.3 Grievances not timely filed at Step One shall be applicable deemed withdrawn. The failure of the Union to observe any of the time limits set forth in Steps Two and Three shall result in the grievance being conclusively settled according to the Town’s most recent decision pursuant to the grievance procedure. Should the Town fail to respond within the time limits set forth in the grievance procedure, the Union shall have the right to move the grievance in a timely manner to the next step of the grievance procedure. Section 12.4 The Union shall be free considered the representative of employees covered by this Agreement for purposes of discipline, discharge, or separation from employment until the time limits of the grievance and arbitration procedure have been exhausted (except termination of a probationary employee shall not be subject to peaceably picket and/or strikethe arbitration procedure).

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1a. A grievance is a written complaint by a Graduate Assistant(s) and request for remedy involving an alleged violation of a specific provision(s) of this Agreement and filed using the procedure outlined below in Sections 2-4. If any differencesA grievance may also be filed in writing by the Union, disputes, or complaints arise over but only as to the interpretation or application of the contents a specific provision of this Agreement. A Union grievance shall be brought at Step Three of these procedures (see Section 4.c) within twenty (20) business days after the Union first became aware, there or reasonably should have been aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in a CMU graduate degree program shall be subject to the grievance and arbitration procedures. The primary purpose of this procedure is to secure a practicable and equitable resolution of the grievance. Grievances shall be processed according to the time limits described herein; but, the time limits in each step of the process may be shortened or extended by an xxxxxxx effort mutual written agreement of the grievant and CMU. b. Any written decision or written answer to a grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by both the parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employerthis Agreement, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx considered a final settlement and the Employer’s representative, it such settlement shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing binding upon the issue making such investigation as he shall deem necessary to a proper decision grievant(s) and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. NamelyIf a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the Union, grievant may take the Employer, and matter to the Employeesnext step. (5) The expense of the arbitrator c. At no step in this procedure shall a settlement be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above reached which is inconsistent with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, provisions of this Agreement, unless both the University and Union concur in writing. d. No settlement of a grievance by the parties shall be a precedent for any other or future grievance. e. A grievance may be withdrawn, and if withdrawn, may not be reinstated, and no financial or other liabilities shall result. f. Whenever time limits are used in this Article, they shall be understood to mean business days. The time limits shall be tolled during break periods in the University calendar and University designated holidays. g. No party to a meeting under this Article II of this Agreementshall unreasonably fail or refuse to meet at reasonable times or places established for such meetings. h. Hand delivery or an actual verified receipt, time-stamped email, or Article XI postmark will be regarded by the parties as evidence of this Agreement. As delivery and receipt for the purposes of determining whether time limits have been met. i. A Graduate Assistant(s) may choose to each have a Union representative represent her/him at Steps One or Two of the Grievance Procedure; or, a Graduate Assistant may choose to represent her/himself at these Steps and forego or decline Union representation. During Steps Three and Four of the grievance procedure, Union representation is required. j. If a grievance is the result of an action of an administrator above exceptionsthe level of the hiring department or unit, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strikegrievant may initiate her/his grievance at Step Two.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section (a) In the event a grievance arises, excepting those set forth, between the Union and its members and the employers, which cannot be amicably resolved within 48- hours, the Union may put the grievance or dispute in writing and require the creation of a Joint Arbitration Board which shall hear the positions of the parties and render a decision. Said arbitration board shall be composed of two representatives and/or their alternates selected by the Union and two representatives and their alternates selected by the employer. A quorum of the Board shall consist of one (1) employer member and one (1) Union member, along with the 5th member and/or the Arbitrator. (b) Said Board shall organize at once, elect a Chairman and a Secretary, and adopt the rules of procedure which shall bind employers, Union and their members. If any differencesSaid Board shall select a date, disputesnot to exceed ten days from the date of the organization of the Board, for a hearing on the merits of the dispute or grievance. Notice of time, date, and place of the hearing shall be given to the employer and the Union. Notice shall be deemed good when served upon the employer, a responsible supervisor of the employer, or complaints arise over at the interpretation or application employer’s principal place of business. The hearing before the contents of this Agreement, there Arbitration Board shall by an xxxxxxx effort by both parties to settle not be delayed except in the same with the following stepsevent of: (1) The Xxxxxxx representing employer adjusting the Local Union and dispute or grievance in the representative of manner requested by the Employer, shall make the immediate effort in an amicable manner to settle the issue.Union; (2) If Mutual agreement between parties involved. In the issue canevent the employer or his authorized representative does not be resolved by appear at the Xxxxxxx appointed place and time for the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar dayshearing, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes dispute or lock-outs during the life of this Agreement and that all disputes arising under this Agreement grievance shall be settled through in favor of the Union. In the event the Union does not appear at the appointed place and time for the hearing, the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a or dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision shall be settled in favor of the arbitratoremployer. (c) Where an Employer Said Board shall have the power to adjust any differences of any character that may arise regarding the meaning or enforcement of this Agreement. If the Board fails to makerender a decision on the matter referred to the Board, when duethe members of the Board shall choose a fifth member from one of the following: Xxxxxx Xxxxxx, any payments required under this AgreementXxxxxxx Xxxxxx, including wage or an alternate mutually agreed to by the parties, who shall have no business or financial connection to either party. The decision of the Board shall be determined by the majority of its members and fringe benefit paymentsshall be rendered in writing within five days after the selection of the fifth member. Any decision rendered by the Board shall be final, conclusive and binding for the Employer(s), the Union, and its members. (d) Where Pending such decision, work shall be continued under the dispute involves status quo prior to the time of the dispute. Any decision so rendered by the Board shall be immediately enacted and work thereafter continued in accordance with agreement and provisions of such Board. (e) Any decision within the jurisdiction of the Arbitrator shall be final and binding upon all concerned. The expenses and salary incident to the service of the Arbitrator shall be shared equally by the Employer and the Union. (f) Nevertheless any issue provisions of this Agreement to the contrary, no dispute, complaint or grievance arising from out of Article 1the failure or refusal of an Employer to comply with the Union security, Section 7hiring hall, wages, health and welfare, fringe benefits, or other sections of this Agreement, Article II of this Agreement, Agreement shall be subject to the grievance or Article XI arbitration provisions of this Agreement. As to each of the above exceptions, the no-strike clause will It shall not be applicable and a violation of this Agreement for the Union to withdraw its members or refuse to man any job of any employer who fails or refuses to comply with the provisions herein contained, and such withdrawal of member or refusal to man a job shall not be free to peaceably picket and/or strikea strike or work stoppage within the terms of this Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1(a) If there is any grievance, dispute or difference between any em- ployee covered by this Agreement and the Union or the Company or among any said parties with respect to the interpretation or applica- tion of any provision of this Agreement, such grievance, dispute or difference shall be reduced to writing and processed in accordance with the following steps in this grievance procedure: The Labor Relations Representative for the Company and the Union’s Business Representative shall attempt to settle the griev- ance. If any differencesno settlement is reached within five (5) days, disputesthe grievance may be submitted to Step Two. The appropriate Senior Labor Relations Representative of the Com- pany, or complaints arise over his/her designated representative, and the International Pres- ident of the Union, or his/her designated representative, shall attempt to settle the grievance. If no settlement is reached within a reason- able time (not to exceed thirty (30) days), the grievance may be sub- mitted to arbitration as set forth in Step Three. Any grievance not satisfactorily resolved in accordance with the steps of the grievance procedure outlined above may be submitted to arbitration at the request of either party. Arbitration of the issue(s) shall proceed at the city of origin of same accordance with the proce- dures of the American Arbitration Association. (b) The authority of the arbitrator shall be limited to determining questions involving the interpretation or application of the contents terms of this Agreement. It shall have no authority to add to, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative subtract from, or to change any of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative terms of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar daysAgreement, the grieved party shall have the right to submit the issue change an exist- ing wage rate, or to arbitrationestablish a new wage rate. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense or award of the arbitrator shall be final and binding upon each of the parties and they will abide thereby subject to such laws as may be applica- ble. Each party shall bear the expenses of preparing and presenting its own case. The cost, if any, of the neutral arbitrator and incidental expenses mutually agreed to in advance shall be borne equally by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitratorparties hereto. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union All grievances shall be free to peaceably picket and/or strike.presented as soon as practicable after the occurrence upon which the same is based, but in no event later than seven (7) days if the same is a dismissal grievance or later than thirty

Appears in 1 contract

Samples: National Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differencesA. In the event of a difference, disputesdispute, or complaints arise over controversy (hereinafter referred to as the interpretation "Grievance") between the UNION and Theatre or application of the contents of LORT arising under, out of, or relative to this Agreement, there a Cover Sheet, or any Rider annexed to a Cover Sheet, adjustment of such Grievance shall by an xxxxxxx effort by both parties be undertaken in accordance with the following procedure: B. The UNION and LORT agree that a prompt attempt will be made to settle the same with Grievance amicably in preliminary discussions between the following steps:Theatre and the Designer or the UNION. Notwithstanding the foregoing, the UNION agrees to give the Theatre and XXXX's General Counsel immediate notice, in writing, of any claim it believes to be meritorious, which shall include an identification of the contractual provision alleged to have been violated and a description of the facts underlying the claim. C. If the Grievance is not resolved pursuant to Paragraph B above, either the UNION or LORT may submit the Grievance for review and possible resolution by a Grievance Committee comprised of three (3) individuals designated by the UNION and THREE (3) individuals designated by LORT. In rendering a decision, the UNION's representatives and XXXX's representatives shall each cast, in the aggregate, ONE (1) The Xxxxxxx representing the Local Union and the representative vote. A decision of the Employer, Grievance Committee shall make be final and binding on the immediate effort in an amicable manner to settle the issue. parties only if there are TWO (2) If the issue cannot concurring votes. Such decisions may be resolved by the Xxxxxxx and the Employer’s representative, it enforced in any court of competent jurisdiction. The Grievance Committee shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hoursconvene in New York City. (3) If D. Should the issue cannot be resolved by Grievance Committee fail to resolve the business representative and the Employer within two (2) calendar daysGrievance, the grieved either party shall have the right to may submit the issue Grievance to arbitration. Notwithstanding the foregoing, either the UNION or LORT may decide to waive the Grievance procedure and proceed directly to arbitration. E. After notice, in writing, to the other party and to the other party's Counsel, either the UNION or LORT may file a request for arbitration in New York City with the American Arbitration Association pursuant to its then existing Voluntary Labor Arbitration Rules. The party requesting the arbitration shall request be by ONE (1) arbitrator, whose fees and expenses, including those normally charged by the Federal Mediation and Conciliation Service submit a panel American Arbitration Association, should be borne equally, ONE-HALF (1/2) by LORT, ONE-HALF (1/2) by the UNION. F. Where Grievances are subject to arbitration under this Agreement, they shall be decided in accordance with the laws of five (5) individuals, any one the State of whom could act as arbitratorNew York. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual Arbitration shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision sole and render his decision in writing, which will be final, and conclusively binding upon the parties to exclusive remedy for unresolved Grievances arising under this Agreement, any Cover Sheet, or any Rider. Namely, the Union, the Employer, and the Employees. (5) All arbitration proceedings shall take place in New York City. The expense decision of the arbitrator shall be borne final and binding, and may be enforced in any court of competent jurisdiction. G. The UNION shall act on behalf of the Designer in any arbitration proceedings. No Designer is authorized to commence any arbitration proceeding, except with the consent of the UNION. XXXX shall act on behalf of the Theatre in any arbitration proceedings, unless XXXX's Board of Directors shall decline to have LORT represent the Theatre, in which event the Theatre may represent itself. No Theatre is authorized to commence any arbitration proceeding, except with the consent of LORT. Copies of all demands, notices, and correspondence pertaining to any and all arbitrations, whether LORT represents the Theatre or not, served by the losing partyUNION upon the Theatre shall also be served upon LORT's General Counsel. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, a. In the event that the IATSE or complaints arise over an employee covered by this Agreement contends that the interpretation or application of the contents Employer has violated a provision of this Agreement, there shall by or the Employer contends that the IATSE or an xxxxxxx effort by both parties to settle the same with employee has violated a provision of this Agreement, the following stepsprocedures shall be applicable: 1. Within ten (110) business days of the time the employee of the Union knew (or reasonably should have known) of the event giving rise to the grievance, the IATSE must give written notice to the Employer of the claim, but in no event more than three (3) months after the event which gave rise to the grievance occurred. To the extent grievances related to the timely and proper payments under the health and welfare plan may be grieved, this provision shall have no application assuming such grievances are not barred or preempted by the governing plan or federal law. The Xxxxxxx representing failure to submit a complaint within the Local Union time periods specified shall constitute a bar to further action thereon. The written grievance shall include the specific sections of the Agreement which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the facts on which the grievance is based, the name of the individuals aggrieved (if applicable), and the remedy sought. 2. A representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx IATSE and the Employer’s representative, it shall be referred to and considered by a designated representative of the Employer shall, within ten (10) business days after service of a written notice of the claim, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute. 3. In the event that such controversy or dispute is not settled by the Employer and the IATSE within twenty (20) working days after the written notice given pursuant to paragraph (1) above, or within ten business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two days after meeting referred to in paragraph (2) calendar daysabove, the grieved party shall have the right to submit the issue then such controversy or dispute resolution may be submitted to arbitration. The demand for arbitration must be made in writing by the IATSE, no later than forty (40) business days after written notice referred to in paragraph (1) above. Each party requesting shall bear the arbitration cost of the arbitrator’s fees and expenses. 4. The parties will attempt to establish a mutually agreeable panel of permanent arbitrator(s) for the duration of this Agreement. If the parties are unable to agree upon such arbitrator(s), the arbitrator shall request be selected from a lot obtained from the Federal Mediation and Conciliation Service submit a panel Service, or the American Arbitration association at Employers’ expense, by alternate striking of five (5) individualsnames, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and with the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitratorUnion going first. (4) b. The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary have no power to a proper decision and render his decision in writingmodify, which will be finaladd to, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under subtract from the terms of this ArticleAgreement, but shall only determine whether the Agreement has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement. (b) Where a party refuses to abide by an award or c. The decision of the arbitrator, within the limits indicated above, shall be final and binding upon the grievant and all parties. (c) Where an Employer fails d. All time limits are subject to makeextension, when due, any payments required under this Agreement, including wage and fringe benefit paymentsbut only by mutual written agreement. (d) Where the dispute involves any issue arising from out of Article 1e. The Arbitrator may use past practices or understandings in interpreting, Section 7applying, or expressing terms of this Agreement, Article II . f. The grievance and arbitration procedure is to be the sole and exclusive remedy for any alleged breach of this Agreement, Agreement or Article XI any other grievable dispute relating to the employment by the Employer of employees covered by this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Broadcast Agreement

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GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, In the event that either party to this Agreement (or complaints arise over the interpretation or application of the contents an employee) contends that either party to this Agreement has violated a provision of this AgreementAgreement or of an employee’s personal service contract, there shall by an xxxxxxx effort by both parties to settle the same with the following stepsprocedures shall be applicable: (1a) The Xxxxxxx representing Within twenty (20) working days of the Local Union event giving rise to the grievance, the grieving party must give written notice to the other(s) of the claim. (Prior informational discussions are encouraged, but do not toll this twenty-day filing limit.) A grievance may be filed only with the prior written approval of the IATSE (rather than a local thereof) and such written approval must appear on the grievance document. (b) A representative of the EmployerIATSE and a representative of the Employer shall, shall make within ten (10) working days after the immediate effort service of notice by one party to the other of the existence of such controversy or dispute, meet and discuss the matter and attempt in an amicable manner good faith to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered effect a settlement of such controversy or dispute. Any decision arrived at by a representative of the IATSE and Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision final and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitratorbinding. (c) Where an In the event that any such controversy or dispute is not settled by the Employer fails and the IATSE within ten (10) working days after the meeting referred to makein paragraph (b) above, when dueDocusign Envelope ID: A79551A4-B52B-44EF-80F1-A18C2240BDD9 then such controversy or dispute may be submitted by either party to arbitration, any payments required under this Agreement, including wage each party bearing half of the expense of the Arbitrator’s fees and fringe benefit paymentsexpenses. (d) Where The demand for arbitration shall be made in writing, and signed by a representative of the dispute involves any issue arising IATSE (rather than a local thereof). Unless the parties have agreed upon an arbitrator, the arbitrator shall be selected from out the regular panel of Article 1arbitrators listed in the Producer-IATSE Basic Agreement. (e) Processing a claim or discussing its merits shall not be considered a waiver of a defense that the matter is not arbitrable or that it should be denied for reasons which do not go to the merits. (f) The arbitrator shall have no power to modify, Section 7add to, or subtract from the terms of this Agreement, Article II but shall only determine whether the Agreement (or personal service contract) has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement. (g) The decision of the arbitrator, within the limits indicated above, shall be final and binding upon the grievant and all parties. (h) This grievance and arbitration procedure is to be the sole and exclusive remedy for any claimed breach of this Agreement or of any personal service contract entered into pursuant to this Agreement, or Article XI for any other grievable dispute relating to the employment by the Employer of employees covered by this Agreement. As to each of the above exceptions. (i) If a grievance is not processed at any stage in accordance with stated time limits, the no-strike clause will not be applicable and the Union it shall be free deemed withdrawn. All time limits are subject to peaceably picket and/or strikeextension, but only by mutual written agreement.

Appears in 1 contract

Samples: Bsi Iatse Videotape Agreement

GRIEVANCE AND ARBITRATION. Section 1It is agreed by the parties hereto that the grievances of should be adjusted as as possible. If any differences, disputes, or complaints arise over an employee has a grievance he his designated representative shall discuss with his supervisor within thirty (30)days after the interpretation or application alleged grievance has arisen so that supervisor may have opportunity of the contents grievance on a department level. The written response to the grievance will be given within ten (10) days after such taken place. For the purpose this Article the supervisor shall mean the manager of this Agreementa department or other person designated by Failing settlement, there the grievance may be taken up onthe foliowing sequence is within fifteen (15) days of the supervisor’s reply thereto. The grievance may be presented in to the manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall by an xxxxxxx effort by both parties to settle the same arrange a meeting with the following steps: (1) The Xxxxxxx representing the Local Union Guild and the representative a committee of the Employer, shall make the immediate effort in an amicable manner to settle the issue. not more than (2) employees of within ten (10) days of the receipt of the grievance at which the may attend if requested by either party in the company of the Guild and provided they can be spared operationally by for the purpose of assistance at the meeting as he considers necessary and will give the decision in writing within ten (10) days following the meeting, with a copy to the Guild representative. the event that any difference arising from the interpretation, application or alleged contravention of this Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referredto arbitration as hereinafter provided. Ail such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fall to agree upon an arbitrator within thirty (30) days of the date of receipt of the notice of Intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue cana decision and the decision shall be final and binding upon both patties. The arbitrator shall not be resolved by to alter, modify or any part of the Xxxxxxx terms of this Agreement nor to make any decision inconsistent therewith. and the Employer’s representative, it Guild shall each pay one-half the and expenses of the arbitrator. Neither party shall be referred obligated to and considered by a representative pay any part of the Employer cost of any stenographic transcript of an arbitration hearing without its express consent. it is agreed that the set out with respect to grievances and in this shall as a guideline for the business representative parties. Failure to with these guidelines shall not constitute a The arbitrator shall. however, fashion any monetary or other relief due considerationto any prejudice resulting from unreasonable delay by either party. The time imposed upon either party at any step the grievance procedure may be extended by agreement. A request for extension of Local Union within 48 hours. (3) If the issue cantime macle prior to the of such time limit shall not be resolved by unreasonably denied. the business representative and Guild he Where no reply is given to a grievance within the Employer within two (2) calendar daystime limits specified, the grieved party as the case may be. shall be to submit the grievance to the next step in t procedure. Where the arbitrator determines that a penalty or discharge Is excessive, the arbitrator may substitute such other penalty for the or discharge as the and reasonable in all circumstances. Grievance shall have the right to submit file a grievance with respect to the issue application, or alleged contraventionof the Agreement. Such grievance shall be in writing signed by the Manager for Canada or designate, to arbitrationthe Guild within ten (10) days following the occurrence or origination of the circumstances rise to the grievance. The party requesting settlement at a meeting held with the Guild Grievance Committee within thirty (30)days of the of the grievance, the Guild shall give Its written reply to the grievance ten (10) days the meeting. Failing settlement. such grievance may be referredto arbitration within ten (10) days of the date received the Guild's reply. Guild Grievance Guild shall request have the Federal Mediation and Conciliation Service submit to file a panel grievance on directly with arising out of five the Agreement concerning the administration or alleged contravention of the Agreement. Such grievance shall be Inwriting to the Manager for Canada or his designate within ten (510) individualsdays following the occurrence of the circumstances giving rise to the grievance. Falling settlement at a meeting held with the Guild GrievanceCommittee within (30)days of the presentation ofthe grievance, any one shall give the Guild its written reply to the grievance in ten (10) clays the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) days of whom could act as arbitratorthe date the Guild received reply. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike Group Grievance If two (2) names from or more employees have the list until one name is leftsame individual grievance out of the same circumstances and based on the same incident, such grievances may be combined and that treated as a group grievance. The shall have the right to file a group on behalf ofthe affected individual employees and the regular grievance procedure shall be followed. For the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, purpose of this Agreement, Article II of this Agreement"day" means a calendar day and means a arising from the interpretation, application. administration or Article XI alleged of this Agreement. As to each Discharged Employee The Guild and the employee affected shall be notified in writing of the above exceptionsleading to the discharge of such employee. Any discharged employee who that his discharge Was without just cause shall file a grievance following the procedure outlined in this Article provided that such grievance is filed within fifteen (15) days of discharge and not otherwise. I Employee Committee The Guild shall designate a committee of not more than two (2) employees who may meet with an authorized representative of at a mutually agreeable time, forthe purpose ofdiscussing matters relations between employees and Upon termination of employment, except voluntary resignation, permanent disability or death, retirement or dismissal for gross insubordination, gross neglect of duty, wilful misconduct or change, an employee, whose probationary period has been completed, shall receive severance pay a lump sum equal to one (1) week's pay for each months of continuous or major with with a minimum of four (4) weeks up to a of (52) weeks. Such severance pay shall be paid on a lump sum basis and in the event the recalled to work before expiry of the number of weeks paid for, the no-strike clause will not be applicable and the Union unearned severance pay shall be free refunded to peaceably picket and/or strike.Reasonable terms be arranged if required by the employee. An individual who rehired after having received some or of the severance pay he was to, shall, ifhe becomes entitled to severance pay again, have deducted from his continuous service six months for each week ofseverance pay previously paid to him less any amounts refunded. This adjustment in continuous service shall be made only for the purpose of calculating his entitlement to severance For the purposes of this Agreement "continuous shall mean the length of unbroken with since the last date of hire, less the

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, 1 Any disputes, misunderstandings, differences or complaints arise over grievances arising between the parties as to the meaning, interpretation or and application of the contents provisions of this Agreement, there Agreement shall by an xxxxxxx effort by both parties to settle the same with be processed in the following stepsmanner: (1a) The Xxxxxxx representing An employee must first present the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner grievance to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and and/or the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer Xxxxxxx within two (2) calendar working days after the grievance occurs. b) If the grievance is not settled in the first step within two (2) working days, is shall be presented, in writing, through the grieved party shall have Union, to the right Employer within five (5) working days thereafter. c) If no agreement can be reached on the grievance within ten (10) working days from date it was first presented to submit the issue Employer, either the Employer or the Union may request, in writing, that the matter be submitted to arbitrationthe Board of Adjustment within three (3) working days thereafter. The party requesting Board of Adjustment shall be comprised of two (2) representatives of the arbitration Union to be selected by the Union and two (2) representatives of the Employer to be selected by the employer. The Board of Adjustment shall render its decision within five (5) working days after submission. d) If the Board of Adjustment is unable to reach a decision in five (5) working days, they shall endeavor to mutually select an impartial arbitrator to render a decision which shall be binding on all parties to the grievance. If the Employer and the Union cannot agree upon an arbitrator within seventy-two (72) hours, a joint request will be made to the Federal Mediation and Conciliation Service submit to forward a panel list of five (5) individuals, any one impartial arbitrators with each side having the option of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike scratching two (2) names from ). Decision of the list until one name arbitrator is left, to be final and that individual shall be binding with the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall to be borne divided equally by the losing partyparties. Time limits set forth shall exclude Saturdays, Sundays and Holidays. Time limits may be extended by mutual consent of the parties. (6e) The Local Union and Nothing contained herein may be interpreted to permit or grant power to the Contractors agree that there shall be no strikes arbitrator to alter, amend, modify or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the otherwise change any terms of this Article. (b) Where a party refuses to abide by an award or decision conditions of the arbitratorcollective bargaining agreement. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, Any dispute or complaints grievance which shall arise over the interpretation or application out of the contents application or interpretation of the terms of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of Agreement between the Employer and the business representative of Local Union may be submitted to the grievance procedure by either the Employer or the Union within 48 hours. thirty (330) If days of the issue cannot occurrence giving rise to the dispute or grievance or within thirty (30) days of when the Union could reasonably have been aware of the occurrence. Grievances shall be resolved by submitted in writing and shall identify the business representative name of the employee (if any), the nature of the grievance, and the date on which the grievance was submitted. Any dispute or grievance so submitted shall be settled and adjusted between the duly authorized representatives of the Union and the Employer within two thirty (30) days of the filing party’s submission. Nothing in this Agreement shall be construed to deny any employee the right to discuss any dispute or grievance they may have directly with representatives of the Employer. 2. In the event that such dispute or grievance shall not have been finally adjusted by direct discussions between the Employer and the Union or in the event no meeting is held between the Employer and the Union within thirty (30) calendar days, the grieved party shall have dispute or grievance may thereupon be submitted in writing by either the right Employer or the Union to submit the issue to arbitrationfollowing arbitrators, on a rotating basis, in the following order: Xxxxxx Xxxxx, Xxxxxx Xxxxxxx and Xxxxxxx Gold. The party requesting the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list decision and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense award of the arbitrator shall be made within thirty (30) days after the close of the hearing. 3. Any dispute or grievance not submitted to arbitration within ninety (90) days from the time the grievance was filed shall be barred except for good cause. The Employer and the Union may extend the time limits set forth in this Article by mutual agreement in writing. 4. The expense of arbitration shall be borne equally by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this ArticleEmployer. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences16.1 A "grievance" is a claim based upon an event or condition, disputesexcept such as pertain to wages, or complaints arise over which involves the interpretation interpretation, meaning or application of this agreement or any amendment or supplement thereto. 16.2 An employee may present a grievance to his employer and have such grievance heard without intervention by the contents exclusive representative of this Agreementthe employee organization representing said employee, there provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall by an xxxxxxx effort by both parties to settle the same not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative. 16.3 All decisions rendered at Levels One, Two, Three and Four of the Grievance Procedure shall be in writing, setting forth the decision and will be transmitted promptly to the employee and the Union. A decision at Levels One, Two and Three shall be final unless within seven calendar days of delivery of said decision, the grievance is presented in writing at the next level. A decision shall be final at Level Four unless within 20 calendar days of delivery of said decision to the grievant, the grievance is presented to the American Arbitration Association for arbitration. 16.4 All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limit indicated hereunder will be considered maxima unless extended by mutual agreement in writing. 16.5 The following stepsgeneral provisions shall pertain to arbitration: (1a) The Xxxxxxx representing Parties shall be bound by the Local Union rules and the representative procedures of the Employer, shall make American Arbitration Association including the immediate effort in selection of an amicable manner arbitrator unless contrary to settle the issueexpress provisions herein set forth. (2b) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party The grievant shall have the right to submit the issue to arbitration. The party requesting use in the arbitration shall request the Federal Mediation and Conciliation Service submit a panel proceedings any representative or representatives of five (5) individuals, any one of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitratorhis or her own choosing. (4c) The costs for the services of the arbitrator, including per diem expenses, if any, and usual and necessary travel and subsistence expenses, shall be borne equally by the District and the grievant. (d) The arbitrator thus selected will confer with representatives of the District and the Association and shall hold a hearing upon the hearings and issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which as soon as possible. The arbitrator's decision will be finalin writing and will set forth his findings of fact, reasoning, and conclusively conclusions on issues submitted. The decision of the arbitrator, other than the arbitrability of the issues involved, shall be final and binding upon the parties except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this Agreement. Namelyagreement, or which recommends a right or relief for any period of time prior to the Unioneffective date of this agreement, or which modifies or abridges the Employer, rights and prerogatives of the EmployeesDistrict as set forth in this agreement or other pertinent provision of law. (5e) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree Notwithstanding any provision hereinabove set forth, an arbitrator's decision that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute given issue is arbitrable under the terms of this Articleagreement shall not be binding upon the parties hereto. (f) The arbitration hearing will be held in the Town of Xxxxx, Massachusetts, unless both parties agree to another designated place. (a) The School Committee and the administration will cooperate with the Association in the investigation of any grievance by making available to the Association all recorded information in the possession of the District which is within the public domain, to the extent so requested by the Association. (b) Where All documents, communications, and records dealing with the processing of a party refuses to abide by an award or decision grievance shall be filed separately from the personnel files of the arbitratorparticipants. (c) Where an Employer fails The submission of any grievance to make, when due, arbitration shall constitute a waiver of any payments required right or rights the employee and Association may have with respect to the matter submitted to said arbitration under other provision of law including but not limited to arbitration under Chapter 71 of the General Laws of the Commonwealth of Massachusetts and the employee and Association shall be precluded from pursuing any other remedy. The submission of any grievable matter to any court or administrative body or to arbitration under Chapter 71 of the General Laws of the Commonwealth of Massachusetts shall constitute a waiver of any and all rights to arbitrate anything pertaining to such matters under this Agreement, including wage and fringe benefit paymentsArticle 16. (d) Where No reprisals shall be taken by the dispute involves District or the school administration against any issue arising from out employee participating in the presentation of Article 1, Section 7, a grievance in accordance with the provisions of this Agreement, Article II agreement because of such participation. (e) If grievance affects a group or class of employees and does not come within the purview of paragraph 16.6(c) of this Agreementarticle, the Association as well as the employee may within 30 days immediately after the first occurrence of those acts or Article XI of this Agreement. As omissions upon which the grievance is premised submit such a grievance in writing to each the Superintendent, whereupon such grievance shall be further processed at Level Three. (f) The President of the above exceptionsAssociation or his designee shall have the right to participate in the investigation and processing of a grievance. If it is necessary that such investigation or processing occur during a regular work day of the said President or his designee, the no-strike clause will not be applicable and the Union he shall be free released from his regular duties for such purpose without loss of pay or other benefits. (g) It is recognized that members of the Association may have to peaceably picket and/or striketestify in order to properly process a grievance under Level Four and so any member other than the grievant shall be excused from his or her regular duties without loss of pay or other benefits for purposes of so testifying.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, a. In the event that the IATSE or complaints arise over an employee covered by this Agreement contends that the interpretation Employer has violated a provision of this Agreement or application of the contents Employer contends that the IATSE or an employee has violated a provision of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following stepsprocedures shall be applicable: 1. Within twenty (120) business days of the time a party alleging a grievance knew (or reasonably should have known) of the event(s) giving rise to the grievance, such party must give written notice of such event(s) to the other party, but in no case more than three (3) months after the event(s) which gave rise to the alleged grievance occurred. To the extent grievances related to the timely and proper payments under the health and welfare plan may be grieved, this provision shall have no application assuming such grievances are not barred or preempted by the governing plan or federal law. The Xxxxxxx representing failure to submit a complaint within the Local Union time periods specified shall constitute a bar to further action thereon. The written grievance shall include the specific sections of the Agreement which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the facts on which the grievance is based, the name of the individuals aggrieved (if applicable), and the remedy sought. 2. A representative of the Employer, shall make the immediate effort in an amicable manner to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx IATSE and the Employer’s representative, it shall be referred to and considered by a designated representative of the Employer shall, within ten (10) business days after service of written notice of the claim, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute. Any agreement reached at this meeting shall be reduced to writing and shall be final and binding upon all parties. 3. In the event that such controversy or dispute is not settled by the Employer and the IATSE within twenty (20) working days after the written notice given pursuant to paragraph (1) above, or within ten business representative of Local Union within 48 hours. (3) If days after the issue cannot be resolved by the business representative and the Employer within two meeting referred to in paragraph (2) calendar daysabove, the grieved party shall have the right to submit the issue then such controversy or dispute resolution may be submitted to arbitration. The demand for arbitration must be made in writing, no later than forty (40) business days after written notice referred to in paragraph (1) above. Each party requesting shall bear half the arbitration cost of the arbitrator’s fees and expenses. 4. The parties will attempt to establish a mutually agreeable panel of permanent arbitrator(s) for the duration of this Agreement. If the parties are unable to agree upon such arbitrator(s), the arbitrator shall request be selected from a lot obtained from the Federal Mediation and Conciliation Service submit FMCS) or American Arbitration Association (AAA), by alternate striking of names, with the Union going first. i. If the dispute requires a panel tripartite (three involved parties) or multi-party (more than three involved parties) arbitration (collectively “Multiple Party Arbitration”), as more fully discussed in subsection (f) of five (5) individualsthis Article, any one below, the labor rules of whom could act as arbitrator. The party requesting the applicable mediation or arbitration service shall govern, except that the arbitration shall immediately strike two names from such list and be held within sixty (60) days of the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitratorrequest to arbitrate. (4) b. The arbitrator thus selected Arbitrator shall hold a hearing upon the issue making such investigation as he shall deem necessary have no power to a proper decision and render his decision in writingmodify, which will be finaladd to, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator shall be borne by the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under subtract from the terms of this ArticleAgreement, but shall only determine whether the Agreement has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement. (b) Where a party refuses to abide by an award c. The Arbitrator may use past practices or decision of the arbitrator. (c) Where an Employer fails to makeunderstandings in interpreting, when dueapplying, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, or expressing terms of this Agreement, Article II of this Agreementonly insofar as such interpretation or application is not in conflict with any express terms, or Article XI of this Agreement. As to each herein. d. The decision of the above exceptionsArbitrator, within the no-strike clause will not be applicable and the Union limits indicated above, shall be free to peaceably picket and/or strikefinal and binding upon the grievant and all parties.

Appears in 1 contract

Samples: Broadcast Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, disputes, A) A grievance is defined as a dispute between an employee or complaints arise over the interpretation a group of employees and a representative or application representatives of the contents Company as to the interpretations, applications or claimed violation of any provisions of this Agreement, there Agreement or any supplement thereto. The following procedure shall by an xxxxxxx effort by both parties to settle be followed in processing all grievances that may arise between members of the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative of Company B) Attempts will first be made to informally resolve grievances between the Employer, shall make employee and the immediate effort in an amicable manner to settle the issue. (2) employer as soon as possible. If the issue grievance cannot be resolved by the Xxxxxxx it shall be reduced to writing and submitted to the Employer’s representative's Operation Manager within 14 Calendar days, it including weekend and Holidays, from the time the employee became aware of the event or events giving cause to such grievance. C) In the event the grievance is not resolved, the matter shall be referred to and considered the business agent, who shall attempt to resolve the matter with the Company. If the parties cannot settle the matter it shall be submitted to a Board of Adjustment within fourteen (14) calendar days, this time may be extended by a representative mutual agreement of the Employer and the business representative of Local Union within 48 hoursparties. (3D) If the issue cannot T h e Joint Adjustment Board shall be resolved by the business representative and the Employer within composed of two (2) calendar daysrepresentatives of each contracting party. If they cannot agree or if there is no agreement on a Board of Adjuw.ment, the grieved party matter shall have the right to submit the issue be submitted to arbitration. The party requesting , if the arbitration shall request Union or Ow Company chooses to do so. E) T h e arbitrator will be selected under the rules and procedures of the Federal Mediation and Conciliation Service submit a panel unless otherwise mutually agreed upon. Expenses of five (5the Arbitrator shall be borne equally by both parties. F) individuals, any one N o Arbitration shall go beyond the interpretation and/or application of whom could act as arbitrator. The party requesting arbitration shall immediately strike two names from such list and this Agreement or the obligation of the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to under this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of _ It shall in no way be construed that the arbitrator shall be borne by have the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes power to add to, subtract from, or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under modify in any way the terms of this ArticleAgreement. Issues not directly involved in the ease under submission shall not be decided by the arbitrator and the Arbitrator shall not have the power to modify, change or interpret any wage rates. The Arbitrator shall agree to be bound by this Agreement. (bG) Where I f a party refuses grievance settlement or arbitrator's decision provides for retroactivity, it is agreed that retroactivity may extend back to abide by an award or the date of the written grievance, except as may otherwise be provided in the decision of the arbitrator. arbitrator for a lesser period (c) Where an Employer fails to make)Clime. Should back pay be awarded, when duecredit shall be given, any payments required under this Agreementhowever, including wage and fringe benefit for the earnings during said period, as well as unemployment payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. If any differences, A. Any and all disputes, controversies, claims, grievances or complaints arise over allegations of contractual violations arising under this Collective Bargaining Agreement and every contract or agreement between MANAGEMENT and every AGMA-represented employee, and/or with regard to the interpretation and enforcement thereof (hereinafter ‘grievances’), and all questions of arbitrability, shall be exclusively resolved pursuant to the following Grievance and Arbitration Provision, which shall also be deemed to be incorporated by reference into every contract or application agreement between MANAGEMENT and every AGMA-represented employee. B. Any such grievance shall be communicated by AGMA to MANAGEMENT or by MANAGEMENT to AGMA within thirty days of its occurrence or the discovery of its occurrence (whichever is later) by AGMA or by MANAGEMENT. Such communication shall be in writing and directed to MANAGEMENT’s General Director or AGMA’s Executive Director, or their designees. Thereafter, MANAGEMENT’s General Director or their designees and AGMA’s Staff Representative shall discuss the grievance informally to try to resolve it to their mutual satisfaction. If, within 30 days following the communication of the contents grievance, such informal discussions have not resulted in a settlement of the grievance, then by the 37th day following the communication of the grievance, MANAGEMENT’s General Director and AGMA’s Staff Representative shall meet, along with another representative of MANAGEMENT and another representative of AGMA, to discuss the grievance in a formal grievance meeting, to try to resolve the grievance. C. If that meeting fails to occur by the 37th day or if no resolution of the grievance can be reached at that meeting, then either party can refer the grievance to final and binding arbitration. D. For purposes of this Agreementprovision, there days shall by an xxxxxxx effort by both parties to settle the same mean calendar days. E. Any such arbitration shall be conducted in accordance with the following steps: (1) The Xxxxxxx representing the Local Union and the representative most current Rules of Voluntary Labor Arbitration of the Employer, shall make the immediate effort in an amicable manner to settle the issue. American Arbitration Association (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitration“AAA”). The party requesting Parties will mutually agree whether the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitratorbe held in person or virtually. The party requesting arbitration shall immediately strike two names from such list Arbitrator’s Decision and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual Award shall be the arbitrator. (4) final and binding. The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision Arbitrator’s fees and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense of the arbitrator any AAA fees shall be borne equally by MANAGEMENT and AGMA. The Arbitrator shall not be empowered to change any provision of the losing party. (6collective bargaining agreement or any provision of any contract or agreement between MANAGEMENT and an AGMA-represented employee but shall determine whether a violation or breach of such agreement(s) The Local Union and the Contractors agree that there has occurred and, if so, what if any remedy shall be no strikes or lock-outs during the life of this Agreement and that all disputes arising under this Agreement shall be settled through the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Articleordered. (b) Where a party refuses to abide by an award or decision of the arbitrator. (c) Where an Employer fails to make, when due, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, or Article XI of this Agreement. As to each of the above exceptions, the no-strike clause will not be applicable and the Union shall be free to peaceably picket and/or strike.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1a. Any and all disputes, controversies, claims, grievances or allegations of contractual violations arising under this Collective Bargaining Agreement, or an Individual Artist Agreement between the EMPLOYER and an ARTIST, and/or with regard to the interpretation and enforcement thereof, (hereinafter “grievances”) and all questions of arbitrability, shall be resolved pursuant to the following Grievance and Arbitration provision, which shall also be deemed to be incorporated by reference into every contract or agreement between the EMPLOYER and a covered ARTIST. b. Any such grievance shall be communicated by AGMA to the EMPLOYER or by the EMPLOYER to AGMA within fourteen (14) calendar days of its occurrence or the discovery of its occurrence (whichever is later). Such communication shall be in writing and directed to the EMPLOYER’s General Manager and Company Manager or AGMA’s National Executive Director or staff representative(s). Thereafter, the EMPLOYER and AGMA shall discuss the grievance informally to try to resolve it. c. If the parties have been unable to resolve the grievance informally, either party may request a formal grievance meeting. Within fourteen (14) calendar days after the grievance meeting, the responding party will deliver a written response to the meeting. If any differencesthe response does not resolve the dispute, disputes, or complaints arise over then either party may give written notification no later than thirty (30) calendar days thereafter of their intent to arbitrate before an impartial arbitrator selected under the interpretation or application rules and procedures of the contents American Arbitration Association ("AAA"). d. An arbitration shall be held under the Voluntary Rules of this Agreement, there shall by an xxxxxxx effort by both parties to settle the same with the following steps: (1) The Xxxxxxx representing the Local Union and the representative Labor Arbitration of the Employer, shall make the immediate effort in an amicable manner AAA on a date agreed to settle the issue. (2) If the issue cannot be resolved by the Xxxxxxx and the Employer’s representative, it shall be referred to and considered by parties in person at a representative of the Employer and the business representative of Local Union within 48 hours. (3) If the issue cannot be resolved by the business representative and the Employer within two (2) calendar days, the grieved party shall have the right to submit the issue to arbitrationmutually acceptable location. The party requesting arbitration proceedings may be held remotely, using video technology if agreed between the parties. In the absence of an agreement, the arbitration shall request the Federal Mediation and Conciliation Service submit a panel of five (5) individuals, any one of whom could act as arbitratorbe held in person. The party requesting arbitration shall immediately strike two names from such list and the parties shall immediately alternately strike two (2) names from the list until one name is left, and that individual shall be the arbitrator. (4) The arbitrator thus selected shall hold a hearing upon the issue making such investigation as he shall deem necessary to a proper decision and render his decision in writing, which will be final, and conclusively binding upon the parties to this Agreement. Namely, the Union, the Employer, and the Employees. (5) The expense sole function of the arbitrator shall be borne by to interpret the losing party. (6) The Local Union and the Contractors agree that there shall be no strikes or lock-outs during the life express provisions of this Agreement and that all disputes arising under this Agreement shall be settled through apply them to the grievance procedures set forth above with the following exceptions: (a) Where a party refuses to process a dispute under the terms of this Article. (b) Where a party refuses to abide by an award or decision facts of the arbitrator. (c) Where an Employer fails dispute or grievance. The arbitrator shall have no power to makechange, when dueamend, any payments required under this Agreement, including wage and fringe benefit payments. (d) Where the dispute involves any issue arising from out of Article 1, Section 7, of this Agreement, Article II of this Agreement, modify add to or Article XI of otherwise alter this Agreement. As to each The time limitations expressed in this procedure shall be strictly enforced, unless waived by mutual agreement of the above exceptions, parties. e. The fees of the no-strike clause will not be applicable and the Union arbitrator shall be free to peaceably picket and/or strikeshared equally by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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