Common use of Immediate Arbitration Clause in Contracts

Immediate Arbitration. A. The DSA may waive the grievance procedure time limits specified in this Section and proceed to Immediate Arbitration in any case where the DSA alleges that the County is in violation of this Agreement in so short a period of time as to disallow the DSA from proceeding within the time limits of this Section. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this section. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions. B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level. C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration. D. The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the DSA for such Immediate Arbitration, unless otherwise mutually agreed. During the two week period (fourteen calendar days) immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. E. Where the County is the responding party, the Sheriff and Employee Relations Officer, or their designated representatives jointly, shall have the opportunity to meet with or otherwise communicate with appropriate DSA representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible. F. Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two week period. G. The parties will attempt to have a standing list of available Immediate Arbitrators. If the parties are unable to agree on an arbitrator, the parties shall obtain a list of five (5) names from the State Mediation and Conciliation Service. Each party may strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first hear the matter shall be selected. The parties may, by mutual agreement, use another method of selecting the arbitrator. H. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. Furthermore, the arbitrator shall not have the authority to add to, subtract from, change, or modify any provision of this MOU. This provision does not expand what is arbitrable under this MOU. I. Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and if possible, the arbitrator shall issue his ruling immediately thereafter. J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending. K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible. L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four. M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator. N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and costs to the other party, not to exceed a maximum of $3,000.

Immediate Arbitration. A. The DSA 20.6.1 Any party may waive the grievance procedure time limits specified in this Section Article and proceed to Immediate Arbitration immediate arbitration in any case where the DSA party alleges that the County other is threatening to take an action in violation of this the Agreement in so short a period of time as to disallow the DSA party from proceeding within the time limits of this Section. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this sectionArticle. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions. B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level. C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration. D. 20.6.2 The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the DSA grieving party for such "Immediate Arbitration, ," unless otherwise mutually agreed. During the two (2) week period period, fourteen (fourteen 14) calendar days) , immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. E. Where 20.6.3 If the County City is the responding party, the Sheriff Fire Chief and Director of Employee Relations OfficerRelations, or their designated representatives representatives, jointly, shall have the opportunity to meet with or otherwise communicate with appropriate DSA Union representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible. F. 20.6.4 Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period. G. 20.6.5 The parties will attempt to have a standing list of available "Immediate Arbitrators. If the parties are unable to agree ," but if no agreement on an arbitratorsame is reached, the parties shall will obtain a list of five (5) names arbitrators, by telephone if possible, from the State Mediation and Conciliation Service. Each party may strike one name from The first arbitrator available to hear the list and matter following the two (2) week period shall be selected as arbitrator. The order of those contacting the potential arbitrators remaining on the listshall be determined by lot unless mutually agreed otherwise. The parties are free to mutually agree upon an immediate arbitrator through any other process or agreement. 20.6.6 In any such case, the arbitrator who can first hear selected to decide the dispute or grievance shall have the full and equitable power to frame a decision, including an order to the party initiating the dispute or grievance to abide by the time limits provided in the Article, or a restraining order against the party threatening the action or any other form of arbitration order that would resolve the matter shall be selectedin an equitable and just manner. The parties may, by mutual agreement, use another method of selecting the arbitrator. H. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. FurthermoreHowever, the arbitrator shall may not have the authority to add to, subtract from, change, change or modify any provision of this MOU. This provision does not expand what is arbitrable under Agreement and shall be authorized only to apply existing provisions of this MOUAgreement to the specific facts involved and to interpret only applicable provisions of this Agreement. I. 20.6.7 Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and if possible, the arbitrator there shall issue his ruling immediately thereafterbe a "bench" decision. J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending. K. 20.6.8 The parties shall attempt to have the arbitration proceedings completed as quickly as possible, including by meeting nights and weekends, if at all possible. L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four. M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator. N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and costs to the other party, not to exceed a maximum of $3,000.

Immediate Arbitration. A. The DSA 20.6.1 Any party may waive the grievance procedure time limits specified in this Section Article and proceed to Immediate Arbitration immediate arbitration in any case where the DSA party alleges that the County other is threatening to take an action in violation of this the Agreement in so short a period of time as to disallow the DSA party from proceeding within the time limits of this Section. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this sectionArticle. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions. B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level. C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration. D. 20.6.2 The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the DSA grieving party for such "Immediate Arbitration, ," unless otherwise mutually agreed. During the two (2) week period period, fourteen (fourteen 14) calendar days) , immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. E. Where 20.6.3 If the County City is the responding party, the Sheriff Fire Chief and Director of Employee Relations OfficerRelations, or their designated representatives representatives, jointly, shall have the opportunity to meet with or otherwise communicate with appropriate DSA Union representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible. F. 20.6.4 Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two (2) week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two (2) week period. G. 20.6.5 The parties will attempt to have a standing list of available "Immediate Arbitrators. If the parties are unable to agree ," but if no agreement on an arbitratorsame is reached, the parties shall will obtain a list of five (5) names from the State Mediation and Conciliation Service. Each party may strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first hear the matter shall be selected. The parties may, by mutual agreement, use another method of selecting the arbitrator. H. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. Furthermore, the arbitrator shall not have the authority to add to, subtract from, change, or modify any provision of this MOU. This provision does not expand what is arbitrable under this MOU. I. Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and if possible, the arbitrator shall issue his ruling immediately thereafter. J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending. K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible. L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four. M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator. N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and costs to the other party, not to exceed a maximum of $3,000.five

Immediate Arbitration. A. The DSA may waive the grievance procedure time limits specified in this Section and proceed to Immediate Arbitration in any case where the DSA alleges that the County is in violation of this Agreement in so short a period of time as to disallow the DSA from proceeding within the time limits of this Section. That is, the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there is a loss of pay, compensation claims, and the like will not be processed under the provisions of this section. However, the method of proceeding to Immediate Arbitration must be done consistent with the following provisions. B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level. C. If the matter is not resolved, the DSA only may file a demand for Immediate Arbitration. D. The arbitration shall take place no earlier than the fifteenth (15th) day following the request by the DSA for such Immediate Arbitration, unless otherwise mutually agreed. During the two two-week period (fourteen calendar days) immediately following the request for Immediate Arbitration, the responding party shall have the opportunity to attempt to resolve the dispute. E. Where the County is the responding party, the Sheriff and Employee Relations Officer, or their designated representatives jointly, shall have the opportunity to meet with or otherwise communicate with appropriate DSA representatives, in an attempt to resolve the dispute. At this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible. F. Once the request for Immediate Arbitration is filed, the parties shall (even though dispute resolution discussions are going on during the two two-week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible immediately following the two week period. G. The parties will attempt to have a standing list of available Immediate Arbitrators. If the parties are unable to agree on an arbitrator, the parties shall obtain a list of five (5) names from the State Mediation and Conciliation Service. Each party may strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first hear the matter shall be selected. The parties may, by mutual agreement, use another method of selecting the arbitrator. H. X. The arbitrator shall have only the authority to decide issues involving the interpretation or application of this MOU as described in Subsection A herein. Furthermore, the arbitrator shall not have the authority to add to, subtract from, change, or modify any provision of this MOU. This provision does not expand what is arbitrable under this MOU. I. Unless the parties agree otherwise, closing argument shall be presented orally at the end of the hearing, and if possible, the arbitrator shall issue his ruling immediately thereafter. J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending. K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible. L. Only four (4) such Immediate Arbitrations (as opposed to demands for immediate arbitration) may be held in any fiscal year (July 1 - June 30). However, the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four. M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the DSA agrees not to seek injunctive relief to preserve the jurisdiction of the arbitrator. N. If either party must file a petition to compel immediate arbitration (under Section 24.3) because of the refusal of the other party to agree to such immediate arbitration, then the losing party (petitioner or respondent) shall pay reasonable attorney fees and costs to the other party, not to exceed a maximum of $3,000.