Common use of Procedure for Expedited Arbitration Clause in Contracts

Procedure for Expedited Arbitration. The parties will notify the arbitrator by joint letter of the intent to proceed to expedited arbitration. The arbitrator and the parties will agree to a hearing date. Before the hearing, the parties may submit to the arbitrator a joint stipulation of any facts that the parties agree are not in dispute. The hearing will be generally conducted the same as any other arbitration hearing. The hearing will be informal without formal rules of evidence. However, the arbitrator must be satisfied that the evidence submitted is relevant and of a type on which he or she can reasonably rely, that the hearing is in all respects a fair one, and that all facts reasonably obtainable and necessary for a fair decision are brought before the arbitrator. A transcript of the hearing is not required. However, either party at the party’s own expense, may order a court reporter to attend the hearing. If either party orders a transcript of the hearing, the other party may obtain a copy of the transcript of the hearing upon payment of half the cost of the transcript. Upon completion of the arbitration hearing, the arbitrator will render a bench decision consistent with and pursuant to this Agreement, including but not limited to Article 4. The decision of the arbitrator will determine the grievance; however, it will only apply to the grievance being arbitrated and will not set practice or precedent. The time limits above may be extended by written agreement of the parties or at the arbitrator’s request. The decision of the arbitrator will settle the grievance, and the County, Union and Grievant agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration will be borne by the County and the Union in equal parts. Each party will bear the expense of its representatives and witnesses. Any expenses incurred or fees charged by the arbitrator because of one party’s unilateral cancellation or postponement of an expedited arbitration hearing will be borne by the party requesting such cancellation or postponement. All provisions of the Agreement, including but not limited to Article 4, that are not specifically in conflict with the expedited arbitration provisions above shall remain in full force and effect for, and apply to, any grievance submitted to expedited arbitration.

Appears in 2 contracts

Samples: Labor Management Agreement, Labor Management Agreement

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Procedure for Expedited Arbitration. The parties will notify the arbitrator by joint letter of the intent to proceed to expedited arbitration. The arbitrator and the parties will agree to a hearing date. Before the hearing, the parties may submit to the arbitrator a joint stipulation of any facts that the parties agree are not in dispute. The hearing will be generally conducted the same as any other arbitration hearing. The hearing will be informal without formal rules of evidence. However, the arbitrator must be satisfied that the evidence submitted is relevant and of a type on which he or she can reasonably reasonable rely, that the hearing is in all respects a fair one, and that all facts reasonably obtainable and necessary for a fair decision are brought before the arbitrator. A transcript of the hearing is not required. However, either party party, at the party’s own expense, may order a court reporter to attend the hearing. If either party orders a transcript of the hearing, the other party may obtain will be furnished a copy of by the transcript of the hearing upon payment of half the cost of party ordering the transcript. Upon completion of the arbitration hearing, the arbitrator will render a bench decision consistent with and pursuant to this the Agreement, including but not limited to Article 4X. However, if the arbitrator requires additional time to consider his/her decision, he/she will render his/her decision within fourteen (14) days of the arbitration hearing. The decision of the arbitrator will determine the grievance; , however, it will only apply to the grievance being arbitrated and will not set practice or precedent. The time limits above may be extended by written agreement of the parties or at the arbitrator’s request. The decision of the arbitrator will settle the grievance, and the CountyCompany, Union and Grievant grievant agree to abide by such decisiondecisions. The compensation and expenses of the arbitrator and the general expenses of the arbitration will be borne by the County Company and the Union in equal parts. Each party will bear the expense of its representatives and witnesses. Any expenses incurred or fees charged by the arbitrator because of one party’s unilateral any cancellation or postponement of an expedited arbitration hearing will be borne by the party requesting such cancellation or postponement. All provisions of the Agreement, including but not limited to Article 4, that are not specifically in conflict with the expedited arbitration provisions above shall remain in full force and effect for, and apply to, any grievance submitted to expedited arbitration.

Appears in 1 contract

Samples: Agreement

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Procedure for Expedited Arbitration. The parties will notify the arbitrator by joint letter of the intent to proceed to expedited arbitration. The arbitrator and the parties will agree to a hearing date. Before the hearing, the parties may submit to the arbitrator a joint stipulation of any facts that the parties agree are not in dispute. The hearing will be generally conducted the same as any other arbitration hearing. The hearing will be informal informal, without formal rules of evidence. However, the arbitrator must be satisfied that the evidence submitted is relevant and of a type on which he or she can reasonably rely, that the hearing is in all respects a fair one, and that all facts reasonably obtainable and necessary for a fair decision are brought before the arbitrator. A transcript of the hearing is not required. However, either party party, at the party’s own expense, may order a court reporter to attend the hearing. If either party orders a transcript of the hearing, the other party may obtain a copy of the transcript of the hearing upon payment of half the cost of the transcript. Upon completion of the arbitration hearing, the arbitrator will render a bench decision consistent with and pursuant to this Agreementthe Contract. The arbitrator may affirm, including but not limited to Article 4deny grievance or may modify the discipline. The decision of the arbitrator will determine the grievance; however, it will only apply to the grievance being arbitrated and will not set practice or precedent. The time limits above may be extended by written agreement of the parties or at the arbitrator’s request. The decision of the arbitrator will settle the grievance, and the CountySchool District, Union and Grievant grievant agree to abide by such decision. The compensation and expenses of the arbitrator and the general expenses of the arbitration will be borne by the County School District and the Union in equal parts. Each party will bear the expense of its representatives and witnesses. Any expenses incurred or fees charged by the arbitrator because of one party’s unilateral any cancellation or postponement of an expedited arbitration hearing will be borne by the party requesting such cancellation or postponement. All provisions of the Agreement, including but not limited to Article 4, that are not specifically in conflict with the expedited arbitration provisions above shall remain in full force and effect for, and apply to, any grievance submitted to expedited arbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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