Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 3 contracts

Samples: Service Contract, Collective Bargaining Agreement, Collective Bargaining Agreement

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GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator [ 41 ] appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Service Contract, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute Section 1. A grievance shall be deemed to exist whenever there appears to be a difference of opinion or grievance arise be­ tween unsettled misunderstanding between the Employer and the Union or be­ tween one or more of the Employer and its employees, con­ cerning employees represented by the Union as to the application and/or construction of any of the provisions of this ContractAgreement. Section 2. All grievances will be subject to the following procedure: a. The employee shall have the right to be represented by a Service Representative from the Union in handling all grievances. b. Any employee shall have the right to present an oral complaint directly to the Employer's President. The employee and the President shall make an effort to effect a settlement that is mutually satisfactory. Any settlement of a grievance thus presented will be reported in writing to the Union and the Employer's Executive Board. c. If the employee and the President are unable to settle the grievance, the parties agree employee shall reduce the grievance to writing, date it and give it to the President. The President shall state her/his answer in writing. d. If the grievance is not answered satisfactorily by the President, the grievance may be moved to the Executive Board of the Employer. The Union shall give notice to the Employer's President that such matter it desires to move the grievance to the Executive Board. e. The Executive Board or a grievance committee of the Executive Board shall meet with the employee and a Service Representative from the Union within ten (10) days for the purpose of settling the grievance. f. If a satisfactory settlement is not reached, an impartial arbitrator shall be adjusted, if possible, mutually agreed upon by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of list requested from the Federal Mediation and Conciliation Service. g. The Employer and the Union will designate their separate choice of arbitrators by the parties' alternately striking names until only one name remains. The Board shall hold hearings and render its decision in writing In the event the selected arbitrator cannot hear the case within thirty sixty (3060) days with respect or a mutually agreed upon time, then the second choice on the list will be contracted, etc. h. No arbitrator will have the right to a dispute under Article Ichange, Section 1.2(d) add to or subtract from, or modify any of the terms of any written agreement existing between the parties and within ninety (90) days with respect will be authorized to any other dispute. rule only on the contract and the amendments thereto. i. The Board’s decision of the impartial arbitrator shall be final and binding upon the grievant employee, the Union and the Employer. on both parties. j. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and split the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretoarbitrator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should The properly accredited officers or representatives of both parties to this agreement shall be authorized to settle any dispute dis­ pute arising out of the terms, application or grievance arise be­ tween the Employer and interpretation of this agreement, including unjust discharges or lay offs. Complaints regarding unjust discharges or lay offs must be filed in writing with the Union within seven (7) days of such dis­ charge, or be­ tween layoff, or the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiationsmember nullifies any further claim regarding same. In the event the properly accredited officers of representatives of both parties to this agreement cannot amicably settle any dispute or griev­ ance grievance arising out of the terms, application or interpretation of this agreement, including unjust discharge or lay-off within seven (7) days after this said grievance or dispute is reported, the matter shall then be referred to an arbitration board for settlement. The arbitration board shall consist of three arbitrators, one to be chosen by the Employer within three days after the dispute is referred to arbitration, one to be chosen by the Union with­ in that period, and the third to be selected by the first two named arbitrators of the Employer and the Union; provided that the selection of the third man can be made within three days following the appointment of the first two arbitrators. In the event fche first two arbitrators cannot agree upon the third arbitrator with in three days following their appointment, either the Union or the Employer may request the Director of Eederal Conciliation and Mediation Service or the American Arbitration Association to furnish no more than two lists of seven (7 ) arbitrators. Each party then shall alternately strike cne name from the list until one name remains and such person shall be resolved by negotiations the arbitrator for determination of the grievance. It is distinctly understood that the arbitration board is not vested with the power to change, modify, or alter this agreement in any of its parts; the board may however, interpret the provisions of this agreement. The arbitration board shall be authorized to hear the case and dispute, and render a decision within fifteen ten (1510) days after the inception appointment of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Servicearbitrator. The Board shall hold hearings and render its majority decision in writing within thirty (30) days with respect to of t a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision r b i t r a t i o n board shall be final and binding upon both parties to this agreement. Expenses incurred in connection with the grievant employee, third arbitrator shall be shared equally between the Union and the Employer. The decision Grievances relative to wages and hours as set forth in this agreement shall not be subject to the forfeiture profusion of any two mem­ bers of the Board this article. Pending such arbitration and decision, there shall be no lockout , sbrike cessation of work picketing, or any other action by either party which may adversely affect the decision of the Board. If the parties shall agree upon one person other, unless either refuses to act as Arbitrator, his decision shall arbitrate any dispute which cannot be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne settled by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretomutual consent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. A. In the event a grievance or dispute arises under the dispute or griev­ ance terms and during the life of this Agreement that cannot be resolved adjusted by negotiations the Union and the Employer within fifteen (15) days after a reasonable time, either party may request that such grievance or dispute be submitted to arbitration, as follows: Either party shall, in writing, notify the inception other of the matter in dispute, then it shall be sub­ mitted immediately to need for the appointment of a Board of Arbitra­ tion, consisting Arbitration and shall at the same time state the name of its representative on said Board. Within three (3) personsdays after receipt of such notice, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof shall designate, in writing, naming one person to act on his behalf the name of its representative on said Board. The two members so selected shall within five (5) days select a third member of the Board of Arbitration. If within the said five (B) days the two members are unable to agree on the third member of the Board, either party may request the American Arbitration Association to designate the third member of the Board; and the other party shall, . The Board of Arbitration shall meet within five (5) days after receipt the selection of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected member, who shall be unableits Chairman, and shall conduct a hearing and receive testimony and shall thereafter within fifteen five (155) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings days submit its findings and render its decision in writing. The decision of a majority of the Board shall be binding and conclusive on the parties hereto as well as on the parties directly affected thereby. The expense of the third member of the Board shall be borne equally between the Employer and the Union. There shall be no strike or lockout pending the decision of the Board of Arbitration. B. Under all circumstances, an employee or the Union must give the Employer notice in writing of intention to contest a discharge or disciplinary action within thirty (30) days with respect to a dispute under Article Ifrom the date on which the employee has received notice of the discharge or disciplinary action. If such notice is not so given, Section 1.2(d) the aggrieved party and within ninety (90) days with respect to any other dispute. The Board’s decision the Union shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person deemed to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called have waived its or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretotheir rights to arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final r 4 i ] and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Service Contract

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. A. In the event a grievance or dispute arises under the dispute or griev­ ance terms and during the life of this Agreement that cannot be resolved adjusted by negotiations the Union and the Employer within fifteen (15) days after a reasonable time, either party may request that such griev­ ance or dispute be submitted to arbitration, as follows: Either party shall, in writing, notify the inception other of the matter in dispute, then it shall be sub­ mitted immediately to need for the appointment of a Board of Arbitra­ tion, consisting Arbitration and shall at the same time state the name of its representative on _ said Board. Within three (3) personsdays after re­ ceipt of such notice, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof shall designate, in writing, naming one person to act on his behalf the name of its repre­ sentative on said Board. The two (2) mem­ bers so selected shall within five (5) days select a third member of the Board of Arbi­ tration. If within the said five (5) days the two (2) members are unable to agree on the third member of the Board, either party may request the American Arbitration Association to designate the third member of the Board; and the other party shall, . The Board of Arbitration shall meet within five (5) days after receipt the selection of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected member, who shall be unableits Chairman, and shall conduct a hearing and receive testimony and shall thereafter, within fifteen five (155) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings submit its findings and render its decision in writing. The decision of a majority of the Board shall be binding and conclusive on the parties hereto as well as on the parties directly affected thereby. The expense of the third member of the Board shall be borne equally between the Employer and the Union. There shall be no strike or lockout pending the decision of the Board of Arbitration. B. Under all circumstances, an employee or the Union must give the Employer notice in writing of intention to contest a discharge or disciplinary action within thirty (30) days with respect to a dispute under Article Ifrom the date on which the employee has re­ ceived notice of the discharge or disciplinary action. If such notice is not so given, Section 1.2(d) the aggrieved party and within ninety (90) days with respect to any other dispute. The Board’s decision the Union shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person deemed to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ have waived its or their rights to arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. (a) In the event a grievance or dispute arises under the dispute or griev­ ance terms and during the life of this Agreement that cannot be resolved adjusted by negotiations the Union and the Employer within fifteen (15) days after a reasonable time, either party may request that such griev­ ance or dispute be submitted to arbitration, as follows: Either party shall, in writing, notify the inception other of the matter in dispute, then it shall be sub­ mitted immediately to need for the appointment of a Board of Arbitra­ tion, consisting Arbitration and shall at the same time state the name of its representative on said Board. Within three (3) personsdays after re­ ceipt of such notice, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof shall des­ ignate, in writing, naming one person to act on his behalf the name of its representa­ tive on said Board. The two (2) members so selected shall within five (5) days select a third member of the Board of Arbitration. If within the said five (5) days the two (2) mem­ bers are unable to agree on the third member of the Board, either party may request the Ameri- man Arbitration Association to designate the third member of the Board; and the other party shall, . The Board of Ar­ bitration shall meet within five (5) days after receipt the selection of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected member, who shall be unableits Chairman, and shall conduct a hearing and receive testimony and shall thereafter, within fifteen five (155) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings submit its findings and render its decision in writing. The decision of a ma­ jority of the Board shall be binding and con­ clusive on the parties hereto as well as on the parties directly affected thereby. The expense of the third member of the Board shall be borne equally between the Employer and the Union. There shall be no strike or lockout pending the decision of the Board of Arbitration. (b) Under all circumstances, an employee or the Union must give the Employer notice in writing of intention to contest a discharge or disciplinary action within thirty (30) days with respect to a dispute under Article Ifrom the date on which the employee has re­ ceived notice of the discharge or disciplinary action. If such notice is not so given, Section 1.2(d) the ag­ grieved party and within ninety (90) days with respect to any other dispute. The Board’s decision the Union shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person deemed to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called have waived its or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretotheir rights to arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. 18.1 In the event a grievance or dispute arises under the dispute or griev­ ance terms and during the life of this Agreement that cannot be resolved adjusted by negotiations the Union and the Employer within fifteen (15) days after areasonable time, either party may request that such grievance or dispute be submitted to arbitration, as follows: Either party shall, in writing, notify the inception other of the matter in dispute, then it shall be sub­ mitted immediately to need for the appointment of a Board of Arbitra­ tion, consisting Arbitration and shall at the same time state the name of its representative on said Board. Within three (3) personsdays after receipt of such notice, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof shall designate, in writing, naming one person to act on his behalf the name of its representative on said Board. The two (2) members so selected shall within five (5) days select a third member of the Board of Arbitration. If within the said five (5) days the two (2) members are unable to agree on the third member of the Board, either party may request The American Arbitration Association to designate the third member of the Board; and the other party shall, . The Board of Arbitration shall meet within five (5) days after receipt the selection of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected member, who shall be unableits Chairman, and shall conduct a hearing and receive testimony and shall thereafter, within fifteen five (155) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings submit its findings and render its decision in writing. The decision of a majority of the Board shall be binding and conclusive on the parties hereto as well as on the parties directly affected thereby. The expense of the third member of the Board shall be borne equally between the Employer and the Union. There shall be no strike or lockout pending the decision of the Board of Arbitration. 18.2 Under all circumstances, an employee or the Union must give the Employer notice in writing of intention to contest a discharge or disciplinary action within thirty (30) days with respect to a dispute under Article Ifrom the date on which the employee has received notice of the discharge or disciplinary action. If such notice is not so given, Section 1.2(d) the aggrieved party and within ninety (90) days with respect to any other dispute. The Board’s decision the Union shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person deemed to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called have waived its or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretotheir rights to arbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, [ 38 ] of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween between the Employer and the Union or be­ tween between the Employer and its employees, con­ cerning concerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiationsnegotiations. In the event the dispute or griev­ ance grievance cannot be resolved composed by negotiations negoti­ ations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted submitted immediately to a Board of Arbitra­ tionArbitration, consisting of three (33 ) persons, for final and binding decision. Either party may in­ stitute institute said arbitration proceedings pro­ ceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (55 ) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the th* event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber member of the Board shall forthwith be desig­ nated designated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I1, Section 1.2(d3 (d ) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employerboth parties. The decision of any two mem­ bers members of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tionArbitration. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troducedintroduced. Each party shall pay for the com­ pensation compensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses expenses of the third Arbitrator and all other costs incurred in conducting the arbitration arbi­ tration proceedings shall be borne equally by the parties hereto.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved composed by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after sifter receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Should any dispute or grievance arise be­ tween between the Employer and the Union or be­ tween between the Employer and its employees, con­ cerning concerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiationsnegotiations. In the event the dispute or griev­ ance grievance cannot be resolved composed by negotiations negoti­ ations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted submitted immediately to a Board of Arbitra­ tionArbitration, consisting of three (33 ) persons, for final and binding decision. Either party may in­ stitute institute said arbitration proceedings pro­ ceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (55 ) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber member of the Board shall forthwith be desig­ nated designated under the rules and procedures of the Federal Mediation and Conciliation Con­ ciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I1, Section 1.2(d2 (d ) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employerboth parties. The decision of any two mem­ bers members of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tionArbitration. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troducedintroduced. Each party shall pay for the com­ pensation compensation and expenses of r-i the Arbitrator appointed by it. The compensation and ex­ penses expenses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.con-

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCES AND ARBITRATION. Section 1. Should any dispute or grievance differences arise be­ tween between the Employer and the Union Guild or be­ tween any employee covered hereunder, as to the Employer and its employees, con­ cerning meaning or application of the application and/or construction provisions of this Contractagreement, the parties agree that such matter differences shall be adjustedsettled promptly and peacefully. To be considered timely, if possible, by ne­ gotiations. In a grievance must be filed in writing with the event aggrieved employee’s department head or the dispute or griev­ ance cannot be resolved by negotiations personnel director within fifteen twenty-one (1521) calendar days after the inception occurrence of the matter in dispute, event giving rise to the disagreement. The parties will then it meet within ten (10) days to discuss the grievance. Section 2. Meetings to adjust the dispute (excluding arbitrations) shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (on the Employer’s time. Section 3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board Employer shall hold hearings and render its decision in writing respond to the grievance within thirty (30) days with respect of the first meeting of the parties (as described in Section 1). This written response shall be made only after discussions have ceased without achieving a mutually satisfactory resolution within that 30-day period. Either party may, by written notice to a the other, submit the dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall an impartial arbitrator whose award will be final and binding binding. The time limit for serving written notice of intent to arbitrate shall be twenty (20) days from the Guild’s receipt of the Employer’s written response to the grievance. The impartial arbitrator shall be selected as follows; the parties will jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators, all of whom shall be members of the National Academy of Arbitrators. The parties will strike names alternately until there remains one, who shall serve as impartial arbitrator. The impartial arbitrator shall hear evidence, consider the arguments of the parties and render a written decision setting forth the grounds upon which it is based. The impartial arbitrator shall not have the grievant employeepower to add to, amend or revoke any other terms of this agreement. Section 4. Any expense incurred through arbitration shall be shared equally by the Union Employer and the Employer. The decision of any two mem­ bers of the Board Guild, excepting that neither party shall be the decision obligated to pay any part of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence a stenographic transcript without express consent. Section 5. The time limits set forth in this Article shall be borne strictly enforced and may be extended or waived only in written agreement of the Employer and Guild. Any grievance not moved to the next step by the grieving party on whose behalf witnesses in a timely manner will be considered withdrawn with prejudice. Section 6. All grievances regarding alleged contract violations that occurred prior to the effective date of this Agreement are called or waived. Any monetary award by an arbitrator in respect of an alleged contract violation that occurred after the evidence is in­ troduced. Each party effective date of this Agreement shall pay not include relief for any period that pre-dates the com­ pensation and expenses effective date of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties heretothis Agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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