Internal Arbitration Process Sample Clauses

Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co- operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. 1. During the term of this Collective Agreement, the parties will undertake to utilize the Internal Arbitration Procedure for any grievance that remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. 2. The internal arbitration process will consist of a single arbitrator to be decided by mutual consent by the Company and Local Union so involved. 3. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of a sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by a sole arbitrator is final and binding. 4. Either party can request the Internal Arbitration Procedure within twenty-five (25) working days following the written response of the Company as referred to in Clause 8.03. The request must be in writing to the other party. 5. In order for a grievance to be heard via this procedure, both parties must provide their consent. Failing such agreement, the grievance will be processed through the normal arbitration process outlined in the Collective Agreement. 6. When a single arbitrator is to be used to hear the grievance, the Company and the Local Union so involved will mutually agree upon the selection of such arbitrator. 7. The rules which apply to a sole arbitrator are as follows: a) A sole arbitrator shall not decide a dispute without a hearing. b) The decision of a sole arbitrator shall be confined to the grievance referred to him and must be consistent with the provisions of the Collective Agreement, a sole arbitrator shall have no power to alter, modify or amend any part of the Collective Agreement. c) The decision of a sole arbitrator shall only apply to the case before him and shall not constitute a precedent or be used by either party as a precedent for any future cases. d) The sole arbitrator's decision shall be final and binding upon the Company, the Union and the grievor represented by the Union. 8. The...
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Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co-operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. 1. During the term of this Collective Agreement, the parties will undertake to utilize the Internal Arbitration Procedure for any grievance that remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. 2. The internal arbitration process will consist of either a single arbitrator or a three (3) person panel to be decided by mutual consent by the Company and Local Union so involved. 3. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of the panel or sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by the panel or sole arbitrator is final and binding. 4. Either party can request the Internal Arbitration Procedure within twenty-five (25) working days following the written response of the Company as referred to in Clause 8.03. The request must be in writing to the other party. 5. In order for a grievance to be heard via this procedure, both parties must provide their consent. Failing such agreement, the grievance will be processed through the normal arbitration process outlined in the Collective Agreement. 6. a) In the event the parties utilize a panel of nominees, the Company and Local Union so involved will each select an experienced representative engaged in the day-to-day administration of the Collective Agreement not involved with the said grievance. The selected nominees will mutually agree on the arbitrator to hear the grievance.
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Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co- operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. During term of this Collective Agreement, the parties will undertake to the Internal Arbitration Procedure for any grievance remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. The internal arbitration process will consist of either a single arbitrator or a person panel to be decided by mutual consent by the Company and Local Union so involved. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of the panel or sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by the panel or sole arbitrator is final and binding. Either party can request the Internal Arbitration Procedure within twenty-five working days following the written response of the Company as referred to in Clause The request must be in writing to the other party. In order for a grievance to be heard via this procedure, both parties must provide their consent. Failing such agreement, the grievance will be processed through the normal arbitration process outlined in the Collective Agreement.
Sample 1
Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co-operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. 1. During the term of this Collective Agreement, the parties will undertake to utilize the Internal Arbitration Procedure for any grievance that remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. 2. The internal arbitration process will consist of either a single arbitrator or a three (3) person panel to be decided by mutual consent by the Company and Local Union so involved. 3. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of the panel or sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by the panel or sole arbitrator is final and binding. 4. Either party can request the Internal Arbitration Procedure within twenty-five
Sample 1

Related to Internal Arbitration Process

  • External Arbitration Procedures Any arbitration initiated under this Agreement shall be conducted before a single neutral arbitrator appointed by the Parties. If the Parties fail to agree upon a single arbitrator within ten

  • Arbitration Process Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Indianapolis, Indiana. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The parties to the arbitration will not request, and the arbitrator will not order, that any discovery be taken or provided, including depositions, interrogatories or document requests, except to the extent the amount in controversy exceeds $50,000. The arbitration will be concluded within three months of the date the arbitrator is appointed. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction or contains a monetary award in excess of $100,000, the award will be reviewable on appeal initiated by filing notice of appeal with the AAA office within 30 days of the award, governed by the AAA Optional Appellate Arbitration Rules and conducted by a panel of three new arbitrators, ruling by majority, under the procedure for appointment from the national roster of arbitrators. Unless the applicable Arbitration Rules require otherwise, arbitration fees and costs will be shared equally by the claimant(s) and respondent(s), respectively, in any arbitration proceeding. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties will agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. Because this Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000.

  • Arbitration Procedures In the event that the teacher and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein: 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the superintendent within ten (10) days following the decision in Level III of the grievance procedure.

  • GRIEVANCE AND ARBITRATION PROCEDURES A. A grievance is a dispute, claim, or complaint arising under this Agreement, filed by either an authorized representative of or an employee in the Bargaining Unit, or the County, involving the interpretation or application of this Agreement. All discipline shall be for just cause. B. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: Step 1. The aggrieved employee shall be accorded fifteen (15) working days from the occurrence of the action or event or when the employee has knowledge or should have had knowledge of the action or the event giving rise to the complaint to seek resolution on an informal basis. The Employee must discuss his alleged grievance with the Airport Fire Chief and the Fire Rescue Division Director. If informal resolution is not accomplished, the employee, if a Union member, must present the proposed grievance in writing to a Union officer on or before the fifteenth (15th) working day for consideration by the Union Grievance committee. If, in the Committee's opinion, no reasonable grievance exists, no further action may be taken. Step 2. If the Committee wishes to pursue the member's complaint, a written grievance shall be presented to the Director of the Fire Rescue Division or his designee within twenty (20) working days from the occurrence of the action or event giving rise to the grievance or from the date on which the employee reasonably should have had knowledge of that occurrence. A written grievance must be presented on a grievance form provided by the County in Appendix A. Upon receipt of a formal grievance or a class action submitted by the Union, the Fire Rescue Division Director or his designee shall investigate the facts and conduct a meeting within five (5) working days with the aggrieved employee and any other persons possessing knowledge considered critical by the Director. The aggrieved employee may be accompanied at this meeting by a local Union representative. The Fire Rescue Division Director or his designee shall notify the grievant of his decision no later than five (5) working days following the date of the meeting. Step 3. If the grievance is not resolved at the second step, the aggrieved employee shall present the written grievance within five (5) working days of the Step 2 decision to the Department Head. The Department Head or his designee shall investigate the facts and may conduct a hearing within five

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Applicable Law; Dispute Resolution i. This Agreement, and all claims, disputes or disagreements arising out of or connected with this Agreement, its validity or any breach thereof, shall be governed by the laws in effect in the State of Texas (excluding conflicts of laws provisions), and to the extent applicable to maritime issues, the maritime laws of the United States (excluding conflict of laws provisions). ii. PHA and Carrier desire to resolve any dispute, which may arise in connection with the Agreement in a timely and efficient manner. The parties therefore agree that the parties will attempt to resolve disputes arising hereunder in accordance with the following procedures. iii. Either party may request the other to attend a meeting for the purpose of resolving any dispute or disagreement arising from the provisions specified in the Agreement. Said meeting shall be held either in person in Houston, Texas, or by telephone within five (5) business days of receipt of written request specifying a brief description of the dispute, the monetary amount involved if known, and the remedies sought. iv. If the matter is not resolved in such meeting, or if such meeting is not held, either party may make written demand to attempt to resolve such dispute by non-binding mediation. Within seven (7) days after service of written notice on the other party demanding mediation, the parties in dispute shall jointly agree upon a mediator, and within thirty (30) days thereafter the parties shall undertake such mediation in Houston, Texas. In no event shall the parties be obligated to pursue mediation that does not resolve the issue within thirty

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Applicable Law; Arbitration This Agreement shall be interpreted, construed, applied and enforced in accordance with the laws of the Commonwealth of Massachusetts, with regard to its “choice of law” rules. Any “Dispute” (as such term is defined in the Management Agreements) under this Agreement shall be resolved through final and binding arbitration conducted in accordance with the procedures and with the effect of, arbitration as provided for in the Management Agreements.

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