Common use of Issues for Expedited Arbitration Clause in Contracts

Issues for Expedited Arbitration. (a) Subject to subsections (b) and (c) herein, grievances except those relating to the following shall be resolved by expedited arbitration: i. Dismissals; ii. Suspensions in excess of five (5) working days; iii. Policy grievances; iv. Grievances requiring substantial interpretation of a provision of the collective agreement; v. Grievances requiring the presentation of extrinsic evidence; vi. Grievances where one of the parties intends to raise a preliminary objection; vii. Grievances arising from the duty to accommodate; and viii. Grievances arising from the interpretation, application and administration of any provisions arising from the former or current Common Agreement. (b) The parties may mutually agree to refer a particular grievance to the expedited process, or to the full arbitration process (Article 5.4) irrespective of the categories listed in Article 5.3.2(a) above. (c) In the event that there is a dispute as to whether a particular grievance falls into one or more of the Article 5.3.2(a) categories; and the parties are unable to reach agreement on the arbitral process to be utilized, this dispute may be referred to the arbitrator selected under this section as a preliminary matter. The arbitrator would rule on this question, and then proceed to hear the grievance, assuming jurisdiction and applying rules of procedure and evidence in accordance with his or her ruling, that is sitting as a full single arbitrator per Article 5.3 or continuing as an expedited arbitrator per this section.

Issues for Expedited Arbitration. (a) Subject to subsections (b) and (c) herein, grievances except those relating to the following shall be resolved by expedited arbitration: i. Dismissals; ii. Suspensions in excess of five (5) working days; iii. Policy grievances; iv. Grievances requiring substantial interpretation of a provision of the collective agreement; v. Grievances requiring the presentation of extrinsic evidence; vi. Grievances where one of the parties intends to raise a preliminary objection; vii. Grievances arising from the duty to accommodate; and viii. Grievances arising from the interpretation, application and administration of any provisions arising from the former or current Common Agreement. (b) The parties may mutually agree to refer a particular grievance to the expedited process, or to the full arbitration process (Article 5.4) irrespective of the categories listed in Article 5.3.2(a) above. (c) In the event that there is a dispute as to whether a particular grievance falls into one or more of the Article 5.3.2(a) categories; and the parties are unable to reach agreement on the arbitral process to be utilized, this dispute may be referred to the arbitrator selected under this section as a preliminary matter. The arbitrator would rule on this question, and then proceed to hear the grievance, assuming jurisdiction and applying rules of procedure and evidence in accordance with his or her their ruling, that is sitting as a full single arbitrator per Article 5.3 or continuing as an expedited arbitrator per this section.

Issues for Expedited Arbitration. (a) Subject to subsections (b) and (c) herein, grievances except those relating to the following shall be resolved by expedited arbitration: i. Dismissals; ii. Suspensions in excess of five (5) working days; iii. Policy grievances; iv. Grievances requiring substantial interpretation of a provision of the collective agreement; v. Grievances requiring the presentation of extrinsic evidence; vi. Grievances where one of the parties intends to raise a preliminary objection; vii. Grievances arising from the duty to accommodate; and viii. Grievances arising from the interpretation, application and administration of any provisions arising from the former or current Common Agreement. (b) The parties may mutually agree to refer a particular grievance to the expedited process, or to the full arbitration process (Article 5.4) irrespective of the categories listed in Article 5.3.2(a) above. (c) In the event that there is a dispute as to whether a particular grievance falls into one or more of the Article 5.3.2(a) categories; and the parties are unable to reach agreement on the arbitral process to be utilized, this dispute may be referred to the arbitrator selected under this section as a preliminary matter. The arbitrator would rule on this question, and then proceed to hear the grievance, assuming jurisdiction and applying rules of procedure and evidence in accordance with his or her their ruling, that is sitting as a full single arbitrator per Article 5.3 or continuing as an expedited arbitrator per this section.