Notice to Invoke Arbitration Sample Clauses

Notice to Invoke Arbitration a. An employee will be informed of the purpose, intent, and scope of private meetings/investigations requested and directed by the Employer. An employee has the right to have a Union representative present at any examinations of the employee by the Employer when the employee reasonably believes that disciplinary action will result, and that belief is communicated to the Employer. If the employee exercises his or her right to Union representation, discussion of this matter will be postponed until the arrival of the Union representative in cases where the Union representative cannot be released due to workload considerations. b. Investigations should consider all facts, circumstances, and human factors. An investigation should be conducted in a timely manner. c. All investigations will remain confidential and any release of information will be in accordance with any applicable rules, regulations and laws including the privacy act.
AutoNDA by SimpleDocs
Notice to Invoke Arbitration a. Only the Union may invoke arbitration of an employee or union initiated grievance.
Notice to Invoke Arbitration. Only the Union or Management may refer to arbitration any grievance that remains unresolved after the final step under the procedures of Article 12
Notice to Invoke Arbitration. Arbitration may be used to settle unresolved issues arising from grievances filed under Article 22 of this Agreement. A notice to invoke arbitration shall be made in writing via email by the Union President/designee or the PFS Director/designee to the opposing party within 30 days after receipt of the written decision rendered in the final step of the grievance procedure. The Parties agree the authority of the arbitrator is to decide only those issues raised during the grievance process.
Notice to Invoke Arbitration. If the Parties fail to satisfactorily resolve a grievance, only the Union/Local or the Department may refer to arbitration any grievance that remains unresolved after the final step under the procedures of Article 40 -
Notice to Invoke Arbitration. A. Only the Union or the Agency may seek arbitration of any grievance remaining unresolved after the final step under the Grievance Procedures of this Agreement. A notice to invoke arbitration shall be made in writing to the opposite party within thirty (30) calendar days after receipt of the written decision rendered in the final step of the grievance procedure. B. Notice to invoke arbitration must be served on the HRO, if filed by the Union, or on the Union’s Local President, if filed by the Agency. Arbitration is deemed to be invoked upon hand delivery, E-mail, facsimile, or date of postmark, if mailed, to the appropriate party. C. A grievance will only be referred for arbitration if The Adjutant General has considered the issue and rendered a final decision, in accordance with laws, rules and regulations; and if the arbitration is otherwise appropriate and lawful. D. No issue for which The Adjutant General has the final authority, as provided in 32 USC 709, may be referred to arbitration.
Notice to Invoke Arbitration. 1. Only the Union may invoke arbitration of an employee or union initiated grievance. 2. A notice to invoke arbitration shall be made in writing to the Employer within [30] calendar days after receipt of the written decision rendered in the final step of the grievance procedure. 3. Within seven working days from the date of the request for arbitration, the party invoking arbitration shall request the Federal Mediation and Conciliation Service to provide a list of seven qualified arbitrators. The parties shall meet within seven working days after receipt of such a list. If the parties cannot mutually agree upon one of the listed arbitrators, then the Employer and the Union will each strike one arbitrator's name from the list of seven and will repeat this procedure until one person remains who shall be the duly selected arbitrator. The order of striking names will be determined by a flip of a coin.
AutoNDA by SimpleDocs
Notice to Invoke Arbitration. The parties recognize that working parents may have special child care needs during working hours. The parties recognize the need for such parents to secure appropriate child care arrangements.
Notice to Invoke Arbitration. 1. Each twenty-four hour shift shall consist of 8 hours of work and 16 hours of standby time. The lunch and standby period for operations personnel will consist of two hours, for example one hour lunch and one hour standby. Actual work may include but not limited to roll call, inspection, and minor maintenance of fire apparatus; station maintenance; housekeeping of fire protection facilities; alarm watch; preparation of reports and records; organizing and training; make-work projects are not encouraged and self-help projects will be voluntary. 2. Monday through Sunday are considered regularly scheduled work days for operations firefighters. However, on Saturdays, Sundays and squadron or wing down days when all scheduled details and training have been completed the Assistant Chief will authorize standby time for all firefighters. On federally recognized holidays, all operations firefighters will be placed on standby after the completion of roll call, vehicle inspection and station maintenance. Standby status is defined to include time in which an employee is "free to eat, sleep, read, watch TV, listen to the radio or engage in other similar pursuits in accordance with Title 5 CFR 550.143."

Related to Notice to Invoke Arbitration

  • Procedure for Arbitration (1) The parties hereby agree that any controversy, dispute or claim arising out of, or relating to, this Agreement, or breach of this Agreement, including disputes concerning termination of this Agreement, shall be settled by arbitration in San Mateo, California. This agreement to arbitrate shall be specifically enforceable. Judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction. (2) Any demand for arbitration must be served on the other party within forty-five (45) days of the act or omission giving rise to the controversy, dispute or claim. (3) There shall be one impartial arbitrator chosen by the parties from a list procured from the California Mediation and Conciliation Service. (4) The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. (5) The decision of the Arbitrator within the scope of the submission shall be final and binding on all parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived (unless otherwise provided by applicable law), except suit to enforce this arbitration award. (6) Executive agrees that such arbitration shall be the exclusive forum for any controversy, dispute or claim arising out of or relating to this Agreement, or breach or termination of this Agreement. Executive further expressly agrees that in arbitration his exclusive remedy shall be a money award not to exceed the amount of wages he would have earned under this Agreement but for the alleged violation and the Executive shall not be entitled to any other remedy, at law or in equity, including but not limited to reinstatement, other money damages, punitive damages and/or injunctive relief. (7) Each party shall pay such party's own attorney or other representative, and the expenses of such party's witnesses and all other expenses connected with his case. Other costs of the arbitration, including the cost of any record or transcript of the arbitration, administrative fees, arbitrator's fees, and all other fees and costs, shall be borne by the Corporation; provided, however, that at the discretion of the Arbitrator, and upon a preponderance of the evidence that one of the parties has engaged in malice, fraud or oppression relating to the termination of the Executive's employment, reasonable attorney's fees and costs may be awarded to the other party.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator. (a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon. (b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties. (c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties. (d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays. (e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.

  • 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.

  • 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. (b) All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of twenty (20) workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the Collective Agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a Party intends to raise a preliminary objection; and

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • 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.

  • Arbitration Notice BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Level Four - Arbitration a. Within ten (10) school days after such written notice of submission to arbitration, the Board and the Association shall attempt to agree upon a mutually acceptable Arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon a mutually acceptable Arbitrator, or obtain such a commitment within the specified period, a request for a list of Arbitrators may be made to the Public Employment Relations Commission by either party. The parties shall then be bound by the rules and procedures of the Public Employment Relations Commission in selection of an Arbitrator. b. The Arbitrator so selected shall confer with the Committee of the Board and the Aggrieved Person and Association representative, and hold hearings promptly and shall issue his decision not later than twenty (20) days from the date of the close of the hearings, or if oral closings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The Arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement. The decision of the Arbitrator shall be submitted to the Board and the Aggrieved Person and Association representative, and shall be final and binding on the parties. The Arbitrator shall be limited to the issues submitted and shall consider nothing else. The Arbitrator can add nothing to, nor subtract anything from the Agreement between the parties. c. The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room, shall be borne equally by the Board and the Association. Any other expenses incurred shall be paid by the party incurring same.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!