Permanent Arbitrator Sample Clauses

Permanent Arbitrator. During the term of this Agreement, the parties agree that Xxxxx Xxxxxxx shall serve as the permanent arbitrator to arbitrate all grievances that arise and are processed to Step 4 of the grievance procedure. The permanent arbitrator shall arbitrate in accordance with the procedures of the American Arbitration Association. Either party who desires to terminate the services of the above-named permanent arbitrator shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances initiated prior to the date of the termination letter shall be arbitrated by the permanent arbitrator. Should the permanent arbitrator’s services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s). If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association. The permanent arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The permanent arbitrator shall be requested to issue a written decision within thirty (30) days after the completion of the proceedings. In the event of a disagreement regarding the arbitrability of an issue, the permanent arbitrator or alternate shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the permanent arbitrator or alternate shall then proceed to determine the merits of the dispute. The arbitrator shall have no authority to add to, subtract from or modify the collective bargaining agreement.
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Permanent Arbitrator. Owing to the expertise required in development and maintenance of a comprehensive pay system, the parties agree to maintain a permanent arbitrator for disputes arising under Section 22.3 of this Article. The parties shall select the same permanent arbitrator as selected to serve as the permanent arbitrator for the DCTU.
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Permanent Arbitrator. Nothing in this Article shall preclude the parties from appointment of a permanent arbitrator during the term of this Agreement or to pursue the expedited arbitration procedures of the American Arbitration Association.
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Permanent Arbitrator. During the term of this Agreement, the parties agree that Xxxxx Xxxxxx of Boston, Massachusetts shall serve as the permanent arbitrator, and Xxxxx Xxxxxxx, shall serve as alternate arbitrator to arbitrate all grievances that arise and are processed to Step 5 of the grievance procedure. The permanent arbitrator or alternate shall arbitrate in accordance with the procedures of the American Arbitration Association. Either party who desires to terminate the services of the above- named permanent arbitrator or alternate shall notify the other party, in writing, at least thirty (30) calendar days in advance of the desired termination date. The date of receipt of the termination letter by the other party shall begin the thirty (30) day calendar period. Any grievances initiated prior to the date of the termination letter shall be arbitrated by the permanent arbitrator or alternate. Should the permanent arbitrator or alternate’s services be terminated by either party, the parties shall attempt to mutually agree on a replacement(s). If mutuality cannot be reached by the parties, the parties agree to revert to ad hoc arbitration in accordance with the rules of the American Arbitration Association. The permanent arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties. The permanent arbitrator shall be requested to issue a written decision within thirty (30) days after the completion of the proceedings. In the event of a disagreement regarding the arbitrability of an issue, the permanent arbitrator or alternate shall make a preliminary determination as to whether the issue is arbitrable. Once a determination is made that such a dispute is arbitrable, the permanent arbitrator or alternate shall then proceed to determine the merits of the dispute. 3.1 MSEA shall have the exclusive right to represent employees in any grievance. When an employee elects to pursue a grievance at Steps 1, 2 or 3 without representation, MSEA shall have the right to be present at any grievance step meeting and shall receive copies of written determinations, if any, at all stages. No resolution of a grievance shall be inconsistent with the provisions of this Agreement. 3.2 Prior to the expiration of any time limits, either Party may extend any time limits by five (5) work days upon written notice to the appropriate person in the step at which time limits are to be extended. All of the time limits contained in this Article may be further ex...
Sample 1
Permanent Arbitrator. An arbitrator who is appointed under the terms of the collective bargaining agreement for a specified period of time to hear all grievance arbitrations during that time. A permanent arbitrator has no tenure in his position and serves at the pleasure of the parties.
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Permanent Arbitrator. Owing to the technical expertise required to adjudicate disputes relating to classification allocations and the establishment of pay rates, the parties agree to maintain Xxxxxxx X. Xxxxxx as arbitrator. The Parties agree to select an alternate West Coast arbitrator with such technical expertise during the life of this Agreement.
Sample 1

Related to Permanent Arbitrator

  • Sole Arbitrator In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply.

  • Single Arbitrator Either of the parties to this Agreement is, in such event, to notify the other party in writing of its desire to submit the matter in dispute to arbitration and if the recipient of the said notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice, agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.

  • Arbitrators (a) Within fifteen days after a valid Arbitration Demand Notice is given, the parties involved in the dispute, controversy or claim referenced therein shall attempt to select a sole arbitrator satisfactory to all such parties. (b) If such parties are not able jointly to select a sole arbitrator within such fifteen-day period, such parties shall each appoint an arbitrator within thirty days after delivery of the Arbitration Demand Notice. If one party appoints an arbitrator within such time period and the other party or parties fail to appoint an arbitrator within such time period, the arbitrator appointed by the one party shall be the sole arbitrator of the matter. (c) If a sole arbitrator is not selected pursuant to paragraph (a) or (b) above and, instead, two or more arbitrators are selected pursuant to paragraph (b) above, the arbitrators shall, within thirty days after the appointment of the later of them to be appointed, select an additional arbitrator who shall act as the sole arbitrator of the dispute. After selection of such sole arbitrator, the initial arbitrators shall have no further role with respect to the dispute. In the event that the arbitrators so appointed do not, within thirty days after the appointment of the later of them to be appointed, agree on the selection of the sole arbitrator, any party involved in such dispute may apply to the American Arbitration Association to select the sole arbitrator, which selection shall be made by such organization within thirty days after such application. Any arbitrator selected pursuant to this paragraph (c) shall be disinterested with respect to any of the parties and the matter and shall be reasonably competent in the applicable subject matter. (d) The sole arbitrator selected pursuant to paragraph (a), (b) or (c) above shall set a time for the hearing of the matter which will commence no later than ninety days after the date of appointment of the sole arbitrator pursuant to paragraph (a), (b) or (c) above and which hearing will be no longer than thirty days (unless in the judgment of the arbitrator the matter is unusually complex and sophisticated and thereby requires a longer time, in which event such hearing shall be no longer than ninety days). The final decision of such arbitrator will be rendered in writing to the parties not later than sixty days after the last hearing date, unless otherwise agreed by the parties in writing. (e) The place of any arbitration hereunder will be New York, New York, unless otherwise agreed by the parties.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

  • qualified arbitrators The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

  • Arbitrator The arbitration will be conducted by one arbitrator skilled in the arbitration of executive employment matters. The parties to the arbitration will jointly appoint the arbitrator within 30 days after initiation of the arbitration. If the parties fail to appoint an arbitrator as provided above, an arbitrator with substantial experience in executive employment matters will be appointed by the AAA as provided in the Arbitration Rules. The Corporation will pay all of the fees, if any, and expenses of the arbitrator and the arbitration, unless otherwise determined by the arbitrator. Each party to the arbitration will be responsible for his/its respective attorneys fees or other costs of representation.

  • 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.

  • 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.

  • Expenses of Arbitrator Each Party shall pay one-half (½) of the fees and expenses of 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. (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

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