GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union shall meet within ten (10) days of receipt of the written grievance. C. If the grievance is not resolved, the grieving party may, within forty-five (45) 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. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article. D. The determination of the arbitrator shall be final and binding upon the Company, the Union, 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 Company and the Union, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. E. The time periods in this Article 5 may be waived or held in abeyance only by written agreement between the parties. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) calendar days after the grieving party knew or with due diligence should have known of the circumstances facts giving rise to the grievance. The Company Employer and the Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five ninety (4590) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty one hundred twenty (60120) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the CompanyEmployer, the UnionWGAE, and/or the represented bargaining unit employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Company Employer and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
F. The WGAE Agrees and acknowledges that it is unaware of any Employer employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the WGAE shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union Guild shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) 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. The Company and the Union Guild shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the Union, 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 Company and the UnionGuild, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The time periods in this Article 5 36 may be waived or held in abeyance only by written agreement between the parties. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) 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. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the Union, 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 Company and the Union, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The time periods in this Article 5 23 may be waived or held in abeyance only by written agreement between the parties. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five sixty (4560) calendar business days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company Employer and the Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five thirty (4530) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty forty (6040) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the CompanyEmployer, the UnionWGAE, and/or the represented bargaining unit employee(s); and the costs of the arbitration (e.g., arbitrator’s fee, filing fees) shall be borne equally by the Company Employer and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five ninety (4590) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty one hundred twenty (60120) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
F. The WGAE agrees and acknowledges that it is unaware of any Company employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the WGAE shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any Any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five sixty (4560) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty seventy-five (6075) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE , and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
X. The WGAE agrees and acknowledges that it is unaware of any Company employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the WGAE shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any Any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company Employer and the Union Guild shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five sixty (4560) 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. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than thirty (30) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the CompanyEmployer, the UnionGuild, 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 Company Employer and the UnionGuild, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
F. The Guild agrees and acknowledges that it is unaware of any Employer employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the Guild shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Salon Media Group Inc)
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty seventy- five (6075) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The Except in cases of non-discrimination and harassment grievances, a failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law. Non-discrimination and harassment grievances shall not exceed the legal statute of limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five ninety (4590) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty one hundred twenty (60120) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The Except in cases of harassment, a failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
F. The WGAE agrees and acknowledges that it is unaware of any Company employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the WGAE shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) 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. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the Union, 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 Company and the Union, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The time periods in this Article . LEVEL ASSISTANT TEAM SITE PRODUCER 3a $53,000 Overtime Eligible ASSOCIATE CITY EDITOR 3a COPY EDITOR 3a JR WRITER 3a PHOTO COORDINATOR 3a REVIEWS COORDINATOR 3b $56,000 SOCIAL MEDIA MANAGER 3b ASSOCIATE AUDIO PRODUCER 4 $58,000 ASSOCIATE EDITOR 4 ASSOCIATE SHOOTER/VIDEO EDITOR 4 ASSOCIATE VIDEO PRODUCER 4 CITY EDITOR I 4 ILLUSTRATOR/ GRAPHIC DESIGNER I 4 PHOTO EDITOR 4 TEAM SITE PRODUCER 4 WRITER I 4 ANIMATOR/MOTION GRAPHICS ARTIST 5 may be waived or held in abeyance only by written agreement between the parties$62,000 ASSOCIATE VIDEO STORY EDITOR 5 AUDIO ENGINEER 5 AUDIO PRODUCER 5 DEPUTY CITY EDITOR 5 EDITOR 5 ILLUSTRATOR/ GRAPHIC DESIGNER II 5 PHOTOGRAPHER 5 SHOOTER/VIDEO EDITOR 5 SR COPY EDITOR 5 SR SOCIAL MEDIA MANAGER 5 STAGE OPERATIONS MANAGER 5 TECHNICAL DIRECTOR 5 VIDEO DIRECTOR 5 VIDEO PRODUCTION COORDINATOR 5 WRITER II 5 CITY EDITOR II 6 $68,000 EDITORIAL MANAGER 6 SR AUDIO ENGINEER 6 SR PHOTOGRAPHER 6 SR SHOOTER/VIDEO EDITOR 6 STUDIO PRODUCTION MANAGER 6 VIDEO PRODUCER 6 VIDEO PRODUCTION MANAGER 6 WRITER III 6 DEPUTY SECTION EDITOR 7 $79,000 ENGAGEMENT MANAGER 7 SR ANIMATOR/MOTION GRAPHICS ARTIST 7 SR AUDIO PRODUCER 7 SR EDITOR 7 SR EDITORIAL MANAGER 7 SR ILLUSTRATOR/ GRAPHIC DESIGNER 7 SR PHOTO EDITOR 7 SR VIDEO DIRECTOR 7 SR VIDEO PRODUCER 7 SR WRITER 7 ART DIRECTOR 8 $90,000 CORRESPONDENT 8 DESIGN DIRECTOR 8 EDITORIAL ENGINEER 8 LEAD VIDEO DIRECTOR 8 LEAD VIDEO PRODUCER 8 SECTION EDITOR 8 VIDEO STORY EDITOR 8 December 4, 2020 Xxxxxx Xxxxxxxx, Executive Director Writers Guild of America, East, Inc. 000 Xxxxxx Xxxxxx New York, NY 10013 Dear Xx. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.Xxxxxxxx:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five ninety (4590) days following the grievance meeting (( or, if the parties fail to meet as prescribed above, within sixty one hundred twenty (60120) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article. Either party may request (but not require) FMCS grievance mediation. The request for mediation will not change the timeline for requesting arbitration.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator’s 's fee, filing fees) shall be borne equally by the Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The Except in cases of non-discrimination and harassment grievances, a failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s 's sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law. Non-discrimination and harassment grievances shall not exceed the legal statute of limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) 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. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the Union, 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 Company and the Union, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The time periods in this Article 5 may be waived or held in abeyance only by written agreement between the parties. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five (45) 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 Union WGAE shall meet within ten (10( I0) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five (45) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty seventy- five (6075) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or to disregard any filing deadline referenced in this Article.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator’s 's fee, filing fees) shall be borne equally by the Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The Except in cases of non-discrimination and harassment grievances, a failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s 's sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law. Non-discrimination and harassment grievances shall not exceed the legal statute of limitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five sixty (4560) 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 Union WGAE shall meet within ten fourteen (1014) calendar days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five thirty (4530) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty forty- five (6045) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If request that the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision. No award in any arbitration or breach of contract claim shall be retroactive to a date more than sixty (60) days prior to the date when the grievance was presented. For a timely filed wage claim, non-discrimination claim, or harassment claim, the arbitrator shall not be limited by the prior sentence, and either party may argue as to disregard any filing deadline referenced an appropriate remedy in this Articlethe particular case.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The Except in cases of non-discrimination and harassment grievances, a failure to submit a grievance or request arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance, the arbitration, or the breach of contract claim, as the case may be waived or held in abeyance only by written agreement between the parties. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to lawbe.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION. A. Except as specifically excluded for elsewhere in this Agreement, any Any complaint, controversy, dispute, or 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 any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement.
B. All grievances must be presented by the grieving party to the non-grieving party in writing, no later than forty-five ninety (4590) 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 Union WGAE shall meet within ten (10) days of receipt of the written grievance.
C. If the grievance is not resolved, the grieving party may, within forty-five sixty (4560) days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty seventy-five (6075) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator. The Company and the Union shall attempt to agree upon a mutually satisfactory impartial arbitrator. If the parties are unable to agree on a mutually satisfactory arbitrator within five (5) business days after written request to arbitrate, the grieving party may 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, and shall have no power to change, add to, or subtract from any provision, or . No award in any such arbitration shall be retroactive to disregard any filing deadline referenced in this Articlea date more than ninety (90) days prior to the date when the grievance was presented.
D. The determination of the arbitrator shall be final and binding upon the Company, the UnionWGAE, 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 Company and the UnionWGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration.
E. The A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time periods in this Article 5 limits, shall permanently bar the grievance and/or the arbitration as the case may be waived or held in abeyance only by written agreement between the partiesbe. Arbitration shall be the sole and exclusive procedure for resolving disputes hereunder, and the arbitration award shall be a party’s sole and exclusive remedy, provided that either party may proceed in court to confirm or vacate an award according to law.
X. The WGAE agrees and acknowledges that it is unaware of any Company employment policy or practice in effect as of the commencement of the term hereof that violates this Agreement, and the WGAE shall not grieve or otherwise object to any such current policy or practice of which it is aware.
Appears in 1 contract
Samples: Collective Bargaining Agreement