Industrial arbitration Sample Clauses

Industrial arbitration. If the dispute is not resolved through industrial dispute resolution as described above, and if the matter concerns the interpretation of a collective agreement or other agreement made between the parties, the matter may be referred to industrial arbitration unless otherwise provided in the Main Agreement or elsewhere if one of the organisations requests such arbitration. The organisation wishing to pursue the matter must, within 14 working days after conclusion of the negotiations without agreement between the parties, request industrial arbitration in writing vis-à-vis the opposing organisation. This time limit may be deviated from by agreement. Not later than 25 full working days after industrial arbitration has been requested, the complainant must send a statement of claim to the other party with copies of the documents to be submitted. Simultaneously with the submission of the statement of claim a notification is sent to the Labour Court concerning the appointment of an adjudicator in compliance with the provisions below. The respondent organisation must as soon as possible, and not later than 15 working days after receipt of the statement of claim, submit a statement of defence to the complainant organisation together with copies of the documents it wishes to submit. The arbitral tribunal has five members: one presiding arbitrator and two representatives of each of the parties. The organisations jointly ask an adjudicator outside their own circle to assume the position of president of the arbitral tribunal. If the organisations cannot agree on an adjudicator they must as soon as possible ask the Labour Court to appoint one. When doing so, they must state the names of people who have been proposed in connection with the negotiations between the organisations. An oral hearing must be held as soon as possible. The timing of the hearing is determined by negotiation between the adjudicator and the organisations. Not later than 25 full working days before the oral hearing, the claimant sends a statement of claim to the adjudicator and a copy to the opposing party, accompanied by the documents the claimant wishes to submit. The statement of claim is considered to be received in time if it reaches the opposing organisation by 4pm at least 24 full working days before the hearing. Before the hearing, the respondent organisation must send its statement of defence to the adjudicator together with copies of the documents it wishes to submit. At the same time copi...
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Industrial arbitration. If the disagreement is not settled at the above-mentioned industrial procedures, and the matter concerns the interpretation of a collective agreement or an agreement concluded by the parties, one of the organisations may request that the matter be settled by industrial arbitration.
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Industrial arbitration. If the dispute is not resolved at the mediation meeting/organisation meeting and the matter concerns interpretation of the collective agreement or an agreement entered into by the parties, either party can demand that the matter be decided by industrial arbitration. The party shall send a proposal for the choice of arbitrator together with the statement of claim. The defence must reach the other party within eight weeks of the statement of claim being received. The parties must agree on a proposed arbitrator no later than when a defence is submitted and then request the Danish Labour Court to make the appointment. If the parties are unable to reach agreement, the Danish Labour Court is requested to appoint an arbitrator. A date for the industrial arbitration hearing will then be agreed with the arbitrator. Deadlines for the further exchange of statements of case will be agreed by the parties and, where relevant, with the arbitrator. The production of evidence must be completed no later than two days before arbitration takes place, including the parties informing the other party who is to give evidence no later than eight days before arbitration takes place. It is agreed that the deadlines can be departed from by agreement.
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Industrial arbitration. If the mediation meeting / organisation meeting fails to resolve the dispute and the matter concerns the interpretation of the collective agreement or an agree- ment entered into by the parties, either party may request that the matter be settled by industrial arbitration. In connection with the submission of the claim form, the party shall also submit a proposal for the election of an arbitrator. The defence must be received by the other party no later than 8 weeks after receipt of the claim form. No later than at the same time as the statement of defence is submitted, the parties must reach agreement on a proposal for an arbitrator, and a request is then submitted to Labour Court for the appointment of this arbitrator. If the parties cannot reach agreement on this, the Labour Court shall be asked to appoint an arbitrator. The scheduling of the meeting for the industrial arbitration is then agreed with the arbitrator. Deadlines for the further exchange of correspondence are agreed by the parties, possibly with the arbitrator. The presentation of evidence must be finalised no later than 2 days before the arbitration is held, and the parties must notify the other party about who is to give evidence no later than 8 days before the arbitration is held. It is agreed that the deadlines can be deviated from by agreement.
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Industrial arbitration. Subclause 1.
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Industrial arbitration a – Request for industrial arbitration If, through the aforementioned labour law procedures, no agree- ment is reached on a solution, and the case concerns the inter- pretation of an existing collective agreement or agreement be- tween the parties, it can be referred for resolution to an industrial arbitration. The organisation that wants an issue to be resolved by arbitra- tion must, within 40 working days, inform the counterpart organi- sation of this.
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Industrial arbitration. Section 21 The following cases can be submitted to industrial arbitration:
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Industrial arbitration. If the industrial disputes procedure does not result in an agreement on a solution, and the case is about the understanding of a collective agreement or an agreement entered into be- tween the parties, unless the general agreement sets out other rules, reference can be made to a decision by industrial arbitration if one of the organisations so demand. The organisation that wants to continue with the case must, within 14 working days after the negotiations have ended without reaching an agreement, require in writing the holding of industrial arbitration to the other organisation. This time limit can be deviated from according to an agreement. The arbitration court comprises five members. One chairman and two representatives from each party. The organisations jointly request an umpire outside their sphere to undertake the position as chairman of the arbitration court. If the organisations fail to reach an agreement about an umpire, they must request the Danish Labour Court to appoint such umpire as soon as possible. The inquiry must state which persons have been proposed in the negotiations between the organisations. A court hearing must be held as soon as possible. The time of the hearing is determined through negotiations between the umpire and the organisations. The complainant will submit to the other party and the umpire a letter of complaint with a copy of the documents that are requested to be produced. The letter of complaint is deemed to have been received timely if the other organisation has received it no later than at 16:00, 30 working days before the court hearing. The defence is sent by the other organisation to the complaining organisation and to the umpire with copies of the documents requested to be produced. The defence is deemed to have been received timely if it is received by the complaining or- ganisation no later than at 16:00, 20 days before the court hearing. The reply is sent to the defendant organisation and the umpire and is deemed to have been received timely if the other organisation has received it no later than at 16:00, 15 working days before the court hearing. The rejoinder is sent and is deemed to have been received timely if the other organisation and the umpire have received it no later than at 16:00, 12 working days before the court hearing. If one of the organisations wants to make interviews, it must appear from the statements of case who is requested to be interviewed. If the letter of complaint has not been received,...
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Related to Industrial arbitration

  • Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Expedited Arbitrations Where a difference arises at an institution relating to the interpretation, application or administration of a local agreement, including where an allegation is made that a term or condition of a local agreement has been violated, either of the local parties may, after exhausting the steps of the grievance procedure under the local agreement, notify the other local party within ten (10) calendar days of receipt of the last grievance step reply, of its desire to arbitrate and to submit the difference or allegation to expedited arbitration before a single arbitrator.

  • Rules of Arbitration 1. Within 10 working days of receipt of the Federation's notice of its intent to arbitrate a grievance, the Federation shall call upon the Federal Mediation and Conciliation Service for a list of five potential arbitrators. The federation will provide the employer with a simultaneous copy of the arbitration panel request.

  • Level IV - Arbitration Should the grievance remain unresolved at Level III, the UFO may, within twenty (20) days following conclusion of Level III, provide written notice to the District to submit the matter to arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

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