Common use of Pre-arbitration Review Hearing Clause in Contracts

Pre-arbitration Review Hearing. Within thirty (30) days after a final decision or disagreement has been announced on any Grievance properly processed under the Grievance Procedure, either Party shall notify the other Party of its intent to submit the matter in dispute to an agreed third party with experience in grievance arbitration. In layoff grievances, the matter in dispute will be submitted to such third party by mutual agreement only. The third party will convene a Hearing at which the Parties will outline the cases to be presented at Arbitration, and will advise the Parties of the decision that the third party will render as an Arbitrator on facts as presented. Either Party may bring additional representatives as required. This opinion will be non-binding; but if the Party to whom this opinion is adverse elects to continue to Arbitration, that Party shall pay twelve thousand dollars ($12,000.00) to the other Party, in consideration of the estimated cost for two (2) days of legal expenses, if the Arbitration Decision is also adverse. This review process shall be in parallel with, and shall not delay, arbitration of the matter. Grievance mediation may not be used subsequent to the Pre-arbitration review hearing.

Appears in 9 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Pre-arbitration Review Hearing. Within thirty fifteen (3015) days after a final decision or disagreement has been announced on any Grievance properly processed under the Grievance Procedure, either Party party shall notify the other Party party of its intent to submit the matter in dispute to an agreed third party with experience in grievance arbitration. In layoff grievances, the matter in dispute will be submitted to such third party by mutual agreement only. The requesting party shall endeavour to schedule the pre-arbitration hearing within ten (10) days. The third party will convene a Hearing at which the Parties parties will outline the cases to be presented at Arbitration, and will advise the Parties parties of the decision that the third party will render as an Arbitrator on facts as presented. Either Party party may bring additional representatives as required. This opinion will be non-binding; but if the Party party to whom this opinion is adverse elects to continue to Arbitration, that Party party shall pay twelve thousand dollars ($12,000.00) 3,300.00 to the other Partyparty, in consideration of the estimated cost for two (2) days of legal expenses, if the Arbitration Decision is also adverse. This review process shall be in parallel with, and shall not delay, arbitration of the matter. Grievance mediation may not be used subsequent to the Pre-arbitration review hearing.

Appears in 1 contract

Samples: Collective Agreement

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Pre-arbitration Review Hearing. Within thirty fifteen (3015) days after a final decision or disagreement has been announced on any Grievance properly processed under the Grievance Procedure, either Party party shall notify the other Party party of its intent to submit the matter in dispute to an agreed third party with experience in grievance arbitration. In layoff grievances, the matter in dispute will be submitted to such third party by mutual agreement only. The requesting party shall endeavour to schedule the pre- arbitration hearing within ten (10) days. The third party will convene a Hearing at which the Parties parties will outline the cases to be presented at Arbitration, and will advise the Parties parties of the decision that the third party will render as an Arbitrator on facts as presented. Either Party may bring additional representatives as required. This opinion will be non-binding; but if the Party party to whom this opinion is adverse elects to continue to Arbitration, that Party party shall pay twelve thousand dollars ($12,000.00) 3,300.00 to the other Partyparty, in consideration of the estimated cost for two (2) days of legal expenses, if the Arbitration Decision is also adverse. This review process shall be in parallel with, and shall not delay, arbitration of the matter. Grievance mediation may not be used subsequent to the Pre-arbitration review hearing.

Appears in 1 contract

Samples: Collective Agreement

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