Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator, pursuant to Clause 9.2 (Assignment of a Single Arbitrator) within 30 days of receipt of the Employer’s response. The Arbitrator will review the complaint and the Employer’s response. The Arbitrator may make a decision based on these documents and, if they determine that there is no basis for a complaint or if there are insufficient particulars, may dismiss the complaint. Where the Arbitrator determines there is sufficient reason to conduct a mediation/arbitration hearing, the Arbitrator shall hear and determine any dispute between the parties over the interpretation, application, or alleged violation of this clause. Hearings shall be conducted in an expedited, non-precedential basis so as to give those involved a fair hearing. The Arbitrator may admit any evidence deemed necessary or appropriate. The Arbitrator will determine their own process and may:
Referral to Arbitrator. When either party requests that a grievance be submitted to arbitration, the request shall be made in writing, addressed to the other party to the Agreement. Within five
Referral to Arbitrator. Either the Coalition or LAWA may request that an arbitrator make a finding on any issue for which a Special Arbitrator is referenced in this Agreement.
Referral to Arbitrator. Should the Company and the Bargaining Committee fail to reach agreement on any grievance concerning an alleged violation of the Agreement, or concerning a difference between the parties concerning the meaning or application of the Agreement, or concerning disciplinary action taken against an employee, the matter shall forthwith be referred to Arbitration for final settlement. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance except with the mutual consent of the Company and the Union.
Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator within 30 days of receipt of the Employer’s response. The parties will mutually agree to the appointment of an arbitrator.
Referral to Arbitrator. During the first twenty (20) days following the date upon which Parent receives a Notice of Closing Payment Adjustment Disagreement, Notice of Quarterly Revenue Disagreement or Notice of 0000 Xxxx-Xxx Disagreement, as applicable, in a timely manner, the Stockholders’ Agent and Parent shall attempt in good faith to resolve the differences that they may have with respect to the matters set forth in the applicable Notice. If at the end of such twenty (20) day period Parent and the Stockholders’ Agent have not reached agreement on such matters, the matters that remain in dispute may be submitted to Xxxxx Xxxxxxxx, LLP, Xxxxx Xxxxx Xxxxxxx Xxxxxx, LLP, McGladrey LLP or BDO USA, LLP as long as, at such time, such firm and its Affiliates have not provided any services to Ultimate Parent, Parent, Surviving Corporation or any of their Affiliates since January 1, 2010 (the “Approved Arbitrators”) (as mutually agreed upon in good faith by Parent and the Stockholders’ Agent) for review and resolution, and if the Approved Arbitrator to which the matters that remain in dispute is unable to serve in such capacity, Parent and the Stockholders’ Agent, in good faith, shall mutually agree upon an independent public accounting firm to serve in such capacity; provided further that in the event that Parent and the Stockholders’ Agent are unable to mutually agree upon an Approved Arbitrator within ten (10) days after the end of such twenty (20) day period or an independent public accounting firm within ten (10) days after the date that either party discovers that an Approved Arbitrator is unable to serve in such capacity, Parent and the Stockholders’ Agent shall each select an independent public accounting firm that is not an Approved Arbitrator within five (5) days thereafter and the two independent public accounting firms shall mutually agree upon a final independent public accounting firm that is not an Approved Arbitrator within ten (10) days after being selected (the final independent public accounting firm shall be referred to herein as the “Arbitrator”).
Referral to Arbitrator. Either Party may request that an arbitrator make a finding on any issue for which a Special Arbitrator is referenced in this Agreement.
Referral to Arbitrator. If a grievance is not resolved satisfactorily, it may be referred to a single arbitrator, who will be selected by mutual agreement between CUPE Local 1004 and the Employer.
Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter,
Referral to Arbitrator. The dispute will be referred to a sole arbitrator if the parties agree upon one, and if not then the dispute will be referred to an arbitrator appointed by the then President or Vice President of the Wellington District Law Society.
