Process For Resolving. (a) It is the desire of both parties to this Agreement that disputes and grievances arising hereunder involving interpretation or application of the terms of this Agreement, including any statutory or common law claims of sex, race, age, disability or other prohibited discrimination, shall be settled amicably or if necessary, by mediation and/or arbitration as set forth herein. (b) Similarly, the Employer and the Union agree that under the Americans with Disabilities Act (ADA), the Employer may face conflicting obligations with the obligations contained in this Agreement, as the ADA prohibits the Employer from discriminating against a disabled person who, with or without reasonable accommodation, is qualified to perform the essential functions of a bargaining unit job. Should a dispute arise with respect to such ADA issues and should the parties fail to reach agreement, such ADA dispute shall be subject to the grievance and arbitration procedure, and may be submitted to final and binding arbitration to determine an appropriate remedy under applicable law and this Agreement.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
