Impartial Umpire Sample Clauses

Impartial Umpire. In the event of the failure of the Joint Arbitration Board to arrive at a majority decision if the deadlock cannot be broken, and the Joint Arbitration Board is unable to agree on a neutral third party within a reasonable time, the parties shall select an impartial umpire from a panel of seven (7) nationally known arbitrators supplied by the American Arbitration Association, Chicago office. The award of such neutral third party shall be final and binding upon all parties, provided, however, that if either party should refuse to submit such dispute or controversy to the Joint Arbitration Board of umpire, then either party shall have the right to go into Court for the purpose of enforcing such submission or compliance.
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Impartial Umpire. A. When a difference arises between the Parties relating to the interpretation, application or administration of this agreement, including any question as to whether the matter is arbitral, or where an allegation is made that this agreement has been violated, either of the Parties may, within ten (10) working days after exhausting any grievance procedure established by this agreement, notify the other Party in writing of its desire to submit the difference to an impartial umpire. The Business Manager of the Union and the Employer or their designated representatives, shall meet within forty-eight (48) hours after receipt of such notice and attempt to select by agreement an impartial umpire who shall not be a member of the Employer or of the Union. If they are unable to agree upon such an umpire within a period of twenty-four (24) hours, then the umpire shall be designated or appointed by the Minister of Labour for the Province of New Brunswick. B. The impartial umpire shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the Parties and upon any Employees affected by it. C. No person may be appointed as an impartial umpire who has been involved in an attempt to negotiate or settle the grievance, or who is a member of the Employer or the Union. D. Each of the Parties hereto shall bear one-half (1/2) of the expenses and remuneration of the impartial umpire. E. At any stage of the grievance procedure the conferring Parties may have the assistance of the Employee or Employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to have access to the job site and to view disputed operations and to confer with the necessary witnesses. F. The Parties agree that the impartial umpire set up under this Article shall not have the power to add to, delete from, change, or make any decision contrary to the provisions of this agreement, and the umpire in rendering his decision shall be governed by the provisions of this agreement and by past practices, where such have not been specifically altered or provided for in this agreement. G. The Parties agree to abide by the provisions of Article 8 - Grievance Procedure and Article 9 – Impartial Umpire, as a means of resolving any differences, which may arise during the term of this agreement. All Employees shall continue to work as usual and the Employer shall continue its normal operating ...
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Impartial Umpire. 8.5.1 In the event that the Board cannot decide any matter or resolve any dispute because one unit of Trustees votes in favor of the decision and the other unit of Trustees votes against it (or abstains), or because the Employer Trustees or the Union Trustees or both are unable to agree as to how their vote shall be cast, or because of a lack of a quorum at two (2) duly called successive meetings of the Board, then and in any such events, the Board shall attempt to select an impartial umpire or arbitrator (collectively referred to hereinafter as an “impartial Umpire”) to hear and determine the matter, issue or dispute. 8.5.2 If the Board cannot agree on the selection of an impartial Umpire pursuant to the voting procedures set forth in Section 8.3 of this Agreement, within ten (10) business days from the day it was attempted to effectuate selection of such impartial Umpire, an impartial Umpire shall be selected from a list of impartial Umpires to be furnished by the American Arbitration Association (the “AAA”). Any Trustees may request the AAA to furnish such list of impartial Umpires to each of the other Trustees. 8.5.3 If the Board is unable to agree on an impartial Umpire from the list submitted by the AAA pursuant to the voting procedures set forth in Section 8.3 of this Agreement, within ten (10) business days after receipt of such list, the AAA shall be authorized to designate an impartial Umpire in accordance with the rules and regulations of the AAA. In all instances, the AAA shall be advised of the nature of the dispute and shall be requested to furnish a list of impartial Umpires or to designate an impartial Umpire qualified and competent by training and experience to decide the particular issue or issues involved. 8.5.4 The hearing shall be conducted within twenty (20) business days from the date the impartial Umpire has been selected or designated, unless the Employer Trustees and Union Trustees agree to a longer period. 8.5.5 In the event that the AAA shall fail to designate an impartial Umpire within a reasonable time, an impartial Umpire shall be appointed by the United States District Court for the Central District of California upon the petition of either the Employer Trustees or the Union Trustees or both. 8.5.6 The impartial Umpire in his or her decision or award shall be bound by the provisions of this Agreement and shall not have the power or authority to add to or subtract from the Agreement or to change or modify the provisions hereo...
Sample 1

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