Common use of qualified arbitrators Clause in Contracts

qualified arbitrators. The Union and the Company shall alternately strike one name from such list (the right to strike the first name having been determined by lot) until only one name remains and that person shall be the arbitrator. (D) The parties' representatives shall make the necessary arrangements to arbitrate the grievance, including the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issue, the arbitrator shall determine the issue. (E) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party. (F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed that a decision of the arbitrator made in accordance with the requirements hereof shall be final and binding on both parties. (G) The parties will conduct arbitration cases at a location within twenty-five (25) miles of Xxxxxxx Air Force Base, Maryland.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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qualified arbitrators. Upon receipt of the list of arbitrators the parties shall meet within ten (10) working days to strike names from the list. The Union and the Company parties shall alternately strike names from the list until one name from such list (remains, and the right person remaining shall serve as the arbitrator. The party having the first choice to strike a name from the first name having been list shall be determined by lot. Within five (5) until only one name remains working days from the date of selection a letter will be sent to the State Conciliation and Mediation Service notifying the service of the arbitrator selected and requesting the arbitrator be notified of his/her selection and requesting that person shall be the arbitrator. (D) The parties' representatives shall make arbitrator contact the necessary arrangements parties to arbitrate establish a hearing date. Once the grievance, including the preparation and signing of a submission agreement which states the issue. In the event arbitrator has contacted the parties' representatives are unable to agree upon the issue, the arbitrator shall determine arbitration hearing will be scheduled at the issue. earliest mutually agreeable date, but no later than twenty (E20) The arbitrator shall have working days from the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by earliest date the arbitrator including the fee is available. The fees and expenses which he authorized in connection with of the arbitration, arbitrator shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party. (F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed agreed, however, that all other expenses, including, but not limited to fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, shall be the responsibility of the individual party involved. Proceedings shall be recorded but not transcribed except at the request of either party to the hearing. The party requesting the transcripts shall bear the expense. Upon mutual agreement, the district and the grievant may submit briefs to the arbitrator in lieu of a hearing. At the conclusion of the hearing, both parties shall jointly consider whether the type of case involved lends itself to immediate mediation. If both parties agree to do so, then the arbitrator shall proceed to attempt to settle the particular grievance by the use of mediation. If through mediation the parties can reach a mutually acceptable disposition, then that disposition shall become the decision of the arbitrator made hearing officer. The position of either party to proceed or not to proceed to mediation shall not be disclosed and/or implied by either party to the arbitrator. If the mediation process does not result in accordance with a resolution acceptable to both parties within an additional day of conclusion of the requirements hereof hearing, the case shall be final and binding on both partiesdetermined solely by the arbitrator. (G) The parties will conduct arbitration cases at a location within twenty-five (25) miles of Xxxxxxx Air Force Base, Maryland.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

qualified arbitrators. Upon receipt of the list of arbitrators the parties shall meet within ten (10) working days to strike names from the list. The Union and the Company parties shall alternately strike names from the list until one name from such list (remains, and the right person remaining shall serve as the arbitrator. The party having the first choice to strike a name from the first name having been list shall be determined by lot. Within five (5) until only one name remains working days from the date of selection a letter will be sent to the State Conciliation and Mediation Service notifying the service of the arbitrator selected and requesting the arbitrator be notified of his/her selection and requesting that person shall be the arbitrator. (D) The parties' representatives shall make arbitrator contact the necessary arrangements parties to arbitrate establish a hearing date. Once the grievance, including the preparation and signing of a submission agreement which states the issue. In the event arbitrator has contacted the parties' representatives are unable to agree upon the issue, the arbitrator shall determine arbitration hearing wil l be scheduled at the issue. earliest mutually agreeable date, but no later than twenty (E20) The arbitrator shall have working days from the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by earliest date the arbitrator including the fee is available. The fees and expenses which he authorized in connection with of the arbitration, arbitrator shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party. (F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the land. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator shall not have the authority to amend or modify this Agreement or to establish new terms and conditions of this Agreement. The decision of the arbitrator shall be in writing and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desired. Said decision shall be given not later than thirty (30) days after the submission of the final briefs. It is understood and agreed agreed, however, that all other expenses, including, but not limited to fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, shall be the responsibility of the individual party involved. Proceedings shall be recorded but not transcribed except at the request of either party to the hearing. The party requesting the transcripts shall bear the expense. Upon mutual agreement, the district and the grievant may submit briefs to the arbitrator in lieu of a hearing. At the conclusion of the hearing, both parties shall jointly consider whether the type of case involved lends itself to immediate mediation. I f both parties agree to do so, then the arbitrator shall proceed to attempt to settle the particular grievance by the use of mediation. I f through mediation the parties can reach a mutually acceptable disposition, then that disposition shall become the decision of the arbitrator made hearing officer. The position of either party to proceed or not to proceed to mediation shall not be disclosed and/or implied by either party to the arbitrator. I f the mediation process does not result in accordance with a resolution acceptable to both parties within on additional day of conclusion of the requirements hereof hearing, the case shall be final and binding on both partiesdetermined solely by the arbitrator. (G) The parties will conduct arbitration cases at a location within twenty-five (25) miles of Xxxxxxx Air Force Base, Maryland.

Appears in 1 contract

Samples: Memorandum of Understanding

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qualified arbitrators. The Union Employer and the Company Union shall alternately strike names from the list until only one (1) name from such list (remains; that of the right selected arbitrator. Unless the Parties agree to strike the contrary, the Party who strikes the first name having been from the list shall be determined by lot) until only one name remains the flip of a coin. The Arbitrator shall hear the grievance at a scheduled meeting subject to the availability of the Employer and that person the Union representatives. The Arbitrator shall notify the employee, the Union representative and the Employer of his/her decision as soon as possible following the close of the hearing or submission of briefs by the Parties, whichever is later. The fees and expenses for the Arbitrator’s service and proceedings shall be borne equally by the arbitrator. (D) The parties' Employer and the Union, provided that each Party shall be responsible for compensating its own representatives shall make and witness. If one of the necessary arrangements Parties desires a verbatim record of the proceedings, it may cause such a record to arbitrate be made, provided it pays for the grievance, including record. If both Parties desire a verbatim record of the preparation and signing of a submission agreement which states the issue. In the event the parties' representatives are unable to agree upon the issueproceedings, the arbitrator shall determine the issue. (E) The arbitrator shall have the authority to determine, the rules of evidence and procedure and to adjourn or continue the hearing from time to time. All expenses incurred by the arbitrator including the fee and expenses which he authorized in connection with the arbitration, cost shall be shared equally by the parties. Costs incurred by the respective parties for their witness(es) shall be borne by the respective party. (F) This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties and by the arbitrator in the same manner as any other contract under the laws of the landequally. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall have the authority to interpret and apply the provisions of this agreement. The arbitrator Arbitrator shall not have the authority right to amend amend, modify, nullify, ignore, add to or modify this Agreement or to establish new terms and conditions subtract from the provisions of this Agreement. The Arbitrator shall consider and decide only the specific issues(s) submitted, in writing, by the Parties, and shall have no authority to make a decision of the arbitrator on any other issue(s) not so submitted. The Arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in writing any way the application of laws, rules or regulations having the force and shall not be made until both parties have had reasonable opportunity to present their case, together with arguments and briefs as desiredeffect of law. Said The decision shall be given not later than thirty (30) days after based solely upon the submission Arbitrator’s interpretation or application of the final briefs. It is understood express terms of this Agreement and agreed that a decision on the facts of the arbitrator made in accordance with grievance presented. If the requirements hereof Arbitrator determines that the grievance is covered by law or statue, or not covered by the express provisions of this Agreement, the Arbitrator shall refer the grievance back to the Parties without decision or recommendation. The Parties may, by mutual written agreement, agree to submit more than one (1) grievance to the Arbitrator provided that each grievance will be final considered as a separate issue and binding each on both partiesits own merits. (G) The parties will conduct arbitration cases at a location within twenty-five (25) miles of Xxxxxxx Air Force Base, Maryland.

Appears in 1 contract

Samples: Labor Agreement

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