Common use of Layoff/Recall Umpire Clause in Contracts

Layoff/Recall Umpire. In the event of a dispute over the interpretation, application, or administration of the layoff and recall provisions of the Collective Agreement or a concern arising from where a notice of layoff could result in more than two (2) transfers, either party may refer the matter to the Layoff/Recall Umpire. The Layoff/Recall Umpire shall be Xxx Xxxxxxxx or Xxxxxx Xxxxxxx. Selection of the Umpire shall be by mutual agreement. In the event agreement cannot be reached, the Umpire shall be selected by earliest availability. The Umpire shall have exclusive jurisdiction to resolve any difference aforesaid between the parties on such terms as the Umpire considers just and reasonable in the circumstances. In the exercise of his jurisdiction, the Umpire shall seek to avoid excessive serial transfers while at the same time avoiding clear injustices to individual employees. In the exercise of the jurisdiction, the Umpire may include a temporary red circling direction where the Umpire has precluded a transfer that might otherwise have occurred. Unless otherwise agreed by the parties in advance, decisions by the Umpire shall be without prejudice or precedent. Proceedings before the Umpire under this paragraph shall be on an expedited basis, in accordance with procedures established by the Umpire which may include hearings by conference telephone call. Where a matter has been referred to the Layoff/Recall Umpire, a brief outline of the Union’s position shall be delivered to the University at the time the referral is made. The University shall provide an outline of its response within thirty (30) days of the referral. The parties will be expected to provide further and more detailed particulars as required. Under normal circumstances legal counsel shall not be retained to present the case before the Umpire.

Layoff/Recall Umpire. In the event of a dispute over the interpretation, application, or administration of the layoff and recall provisions of the Collective Agreement or a concern arising from where a notice of layoff could result in more than two (2) transfers, either party may refer the matter to the Layoff/Recall Umpire. The Layoff/Recall Umpire shall be Xxx Xxxxxxxx or Xxxxxx Xxxxxxxset out in Article 7.02(c). Selection of the Umpire shall be by mutual agreement. In the event agreement cannot be reached, the Umpire shall be selected by earliest availability. The Umpire shall have exclusive jurisdiction to resolve any difference aforesaid between the parties on such terms as the Umpire considers just and reasonable in the circumstances. In the exercise of his jurisdiction, the Umpire shall seek to avoid excessive serial transfers while at the same time avoiding clear injustices to individual employees. In the exercise of the jurisdiction, the Umpire may include a temporary red circling direction where the Umpire has precluded a transfer that might otherwise have occurred. Unless otherwise agreed by the parties in advance, decisions by the Umpire shall be without prejudice or precedent. Proceedings before the Umpire under this paragraph shall be on an expedited basis, in accordance with procedures established by the Umpire which may include hearings by conference telephone call. Where a matter has been referred to the Layoff/Recall Umpire, a brief outline of the Union’s position shall be delivered to the University at the time the referral is made. The University shall provide an outline of its response within thirty (30) days of the referral. The parties will be expected to provide further and more detailed particulars as required. Under normal circumstances legal counsel shall not be retained to present the case before the Umpire.