Common use of Regular Arbitration Clause in Contracts

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.

Appears in 10 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's ’s name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's ’s name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 3 contracts

Samples: Supplemental Basic Agreement, Supplemental Basic Agreement, Supplemental Basic Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Two, if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or disputedispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Except for disputes described in footnote 1 to the first paragraph of this Article 7, the arbitrator shall not have the power to determine disputes arising under Paragraph 62 ("Non-Discrimination") of this Agreement; such disputes are instead subject to non-binding mediation. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Three if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for a regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance either by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or disputedispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Fees and expenses Except for disputes described in footnote 1 to the first paragraph of this Article 7, the arbitrator and shall not have the power to determine disputes arising under Paragraph 57 of this Agreement, "Non- Discrimination;" such disputes are instead subject to non-binding mediation. The cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. The fees and expenses of the arbitrator shall be borne by the losing party. The arbitrator shall have the discretion to determine who is the "losing party." All other costs shall be borne by the party incurring the same.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Two, if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or disputedispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Except for disputes described in footnote 1 to the first paragraph of this Article 7, the arbitrator shall not have the power to determine disputes arising under Paragraph 67.2 of this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Three if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for a regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance either by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or disputedispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Fees and expenses Except for disputes described in the asterisked footnote to the first paragraph of this Article 7, the arbitrator and shall not have the power to determine disputes arising under Paragraph 23 of this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. The cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. The fees and expenses of the arbitrator shall be borne by the losing party. The arbitrator shall have the discretion to determine who is the "losing party." All other costs shall be borne by the party incurring the same.

Appears in 3 contracts

Samples: Location Managers Agreement, Location Managers Agreement, Location Managers Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Three if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for a regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance either by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Fees and expenses The arbitrator shall not have the power to determine disputes arising under Paragraph 57 of the arbitrator and this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. The cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. The fees and expenses of the arbitrator shall be borne by the losing party. The arbitrator shall have the discretion to determine who is the “losing party.” All other costs shall be borne by the party incurring the same.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Two, if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by mutual agreement. If the parties cannot agree to the arbitrator to be appointedlot, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and list of arbitrators, under the remaining following procedure: the name of the arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize from the list of arbitrators obtained from the Federal Mediation and Conciliation ServiceService (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or disputedispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to determine jurisdictional disputesdisputes between the Union and any other labor organization. Except for disputes described in footnote 1 to the first paragraph of this Article 7, the arbitrator shall not have the power to determine disputes arising under Paragraph 67.1 of this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 2 contracts

Samples: Labor Agreement, Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Two, if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreementgrievance. The parties have established the following standing panel of individuals with recognized experience as professional labor arbitrators: Xxxx Xxxxxxxx Xxxxxxxx Xxxxx Xxxxxxxx Xxxxx Xxx Xxxxx Xxx Xxxxxx The first time a demand is served for arbitration under this contract, Xxxx Xxxxxxxx shall be the arbitrator; the next arbitrator shall be Xxxxxxxx Xxxxx, etc., in alphabetical order. If the parties cannot agree designated arbitrator is unavailable to hear the case within two (2) months, then the next arbitrator on the list shall be contacted, etc. If no arbitrator can hear the case within two (2) months, then the arbitrator to who can hear the case at the earliest date shall be appointedthe designated arbitrator. At any time during the contract period, then each party shall have the right to alternately may strike an arbitrator's name one (1) arbitrator from the panel until standing panel, and such time as one arbitrator is left and may no longer be designated to hear cases during the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside remainder of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Servicecontract. Such hearing shall be held requested within fourteen (14) days after the arbitrator is selected, at such time and place place, as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons their reason for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees employee concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to not determine jurisdictional disputesdisputes between the Union and any other labor organization. Fees and expenses of the arbitrator will be borne by the losing party and cost of a court reporter and original transcript, when where jointly requested, shall be borne equally by the parties to the dispute; , otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 2 contracts

Samples: Stage Managers, Audio Mixers and Live Video Editor/Camera Operators Agreement, Stage Managers, Audio Mixers and Live Video Editor/Camera Operators Agreement

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Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.

Appears in 2 contracts

Samples: Basic Agreement, Basic Agreement

Regular Arbitration. The aggrieved party If a grievance cannot be settled in Step 3, such grievance, at the discretion of the International Union Staff Representative, may elect be appealed to proceed to regular arbitration within ten (10) working calendar days following from the Step Two meeting if no agreement has been reached receipt of the decision rendered inStep 3. A neutral arbitrator satisfactory to both sides shall be selected by the parties or parties. In the event that the Union and the Company cannot agree upon an arbitrator within ten (10) working calendar days following after the cancellation Staff Representative of the Step Two meeting. The IATSE and International Union has appealed the Producers agree case to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside Staff Representative of the panel of neutral arbitrators or utilize the list of arbitrators obtained from International Union shall, within ten (10) calendar days, request the Federal Mediation and Conciliation ServiceService to submit a panel of five (5) qualified arbitrators. Such hearing Within ten (10) calendar days of receipt of the panel, a representative of the Company and the Representative of the International Union shall alternatively strike names from the panel until one (1) remains who may be the arbitrator. If either Union or Company rejects the first panel or the final arbitrator, the rejecting party shall within ten (10) calendar days request the Federal Mediation and Conciliation Service to submit one additional panel. Within ten (10) calendar days of receipt of the second panel, a representative of the Company and the Representative of the International Union shall alternatively strike names from the panel until one (1) remains who shall be held within fourteen (14) days after the arbitrator. The arbitrator is selectedto which any grievance shall be submitted in accordance with the provisions of this Article shall only have jurisdiction and authority to interpret, at apply or determine compliance with the provisions relating to wages, hours of work, and other conditions of employment, as set forth in this Agreement, insofar as shall be necessary to the determination of such time and place as grievance, but he shall not have jurisdiction or authority to add to, subtract from, or alter in any way the arbitrator shall determineprovisions of this Agreement. If the Said arbitrator so selected is unable or unwilling to undertake appointed shall decide the arbitration within dispute and the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto Union and upon the Company and any employees concernedemployee affected. The arbitrator parties shall have equally share the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any expense of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring sameArbitrator.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Bayou Steel Corp)

Regular Arbitration. A. The aggrieved Company and the Union have agreed to use the Cliffs Arbitrator to resolve grievances which have not been settled in Step 4 and which have been appealed by either party may elect for further processing. B. The appointed arbitrator, however, shall only hear and decide a grievance which is a complaint that was not settled as a result of the discussions required by Step (1) and is a complaint which involves interpretation or application of or compliance with the provisions of this Agreement, and provided, further, that except as in this Agreement otherwise expressly provided, any grievance which involves any claim that any then existing wage rate shall be changed shall not be submitted to proceed arbitration under the provisions of this Section unless the Company and the Union shall specifically agree in writing to regular arbitration within ten (10) working days following so submit such grievance or unless such claim is that such wage rate was established or increased or decreased in contravention of the Step Two meeting if no agreement has been reached provisions of the Agreement. C. An arbitrator issuing an award arising from an operation covered by the parties or within ten (10) working days Basic Labor Agreement shall set forth the following the cancellation information as a separate item: 1. Date of filing of grievance. 2. Dates of appeals and meetings in each step of the Step Two meetinggrievance procedure. 3. Date of appeal to arbitration. 4. Date of hearing. 5. Date of award (including date of receipt of transcript, if any). At the arbitration hearing, the Company shall supply the arbitrator with information relating to items 1 through 4 above. D. The IATSE arbitrator shall observe the limitations set forth in Section XI., Subsection 5., in any retroactive adjustment which is awarded. E. The arbitrator shall have authority and jurisdiction only to interpret and apply the Producers agree to establish a panel provisions of individuals with recognized experience this Agreement insofar as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree be necessary to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside determination of the panel merits of neutral arbitrators such grievance, but s/he shall not have jurisdiction nor authority to add to or utilize detract from or alter in any way the list provisions of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such listthis Agreement. The decision of the arbitrator shall be rendered final subject to the limitations herein specified. F. The Company agrees that it shall not subpoena or call as a witness in writing, stating his reasons for arbitration proceedings any bargaining unit employee in the award, within thirty (30) days after the submission of mine from which the grievance for decisionarises. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but Union agrees that it shall not have subpoena or call as a witness in such proceedings any non-bargaining unit employee. G. The expense and salary incident to the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses services of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne shared equally by between the parties to Company and the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring sameUnion.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two meeting Two, if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitratorsparties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreementgrievance. The parties have established the following standing panel of individuals with recognized experience as professional labor arbitrators: Xxxxxxxx Xxxxx Xxxx Xxxxxxxx Xxxxx Xxxxxxxx Xxxxxxxx Xxxxx Xxx Xxxxx The first time a demand is served for arbitration under this contract, Xxxxxxxx Xxxxx shall be the arbitrator; the next arbitrator shall be Xxxx Xxxxxxxx, etc., in alphabetical order. If the parties cannot agree designated arbitrator is unavailable to hear the case within two (2) months, then the next arbitrator on the list shall be contacted, etc. If no arbitrator can hear the case within two (2) months, then the arbitrator to who can hear the case at the earliest date shall be appointedthe designated arbitrator. At any time during the contract period, then each party shall have the right to alternately may strike an arbitrator's name one (1) arbitrator from the panel until standing panel, and such time as one arbitrator is left and may no longer be designated to hear cases during the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside remainder of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Servicecontract. Such hearing shall be held requested within fourteen (14) days after the arbitrator is selected, at such time and place place, as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons reason for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees employee concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the this Agreement, nor to not determine jurisdictional disputesdisputes between the Union and any other labor organization. Fees and expenses of the arbitrator will be borne by the losing party and cost of a court reporter and original transcript, when where jointly requested, shall be borne equally by the parties to the dispute; , otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.

Appears in 1 contract

Samples: Stage Managers, Audio Mixers and Live Video Editor/Camera Operators Agreement

Regular Arbitration. The aggrieved party may elect (i) Either Party wishing to proceed submit a grievance to regular arbitration Arbitration shall, within ten (10) working days following of the receipt of the decision at Step Two meeting if no 3 of the grievance procedure, notify the other Party in writing of its intention to do so and shall nominate an individual to serve as a sole arbitrator. (ii) The Party receiving the notice shall respond in an effort to agree on the selection of a mutually acceptable sole arbitrator. Where agreement has been on a mutually acceptable sole arbitrator cannot be reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and receipt of the Producers agree notification provided for in Clause 32.07(a)(i), the Parties shall request the Department of Labour to establish appoint an arbitrator, or (iii) At the request of either Party, a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitrationthree-person Arbitration Board, then the parties shall select rather than a sole arbitrator shall be used. The Party requesting the use of an Arbitration Board shall indicate to hear and determine the other Party within ten (10) days of the grievance by mutual agreement. If the parties cannot agree being advanced to arbitration, their nominee to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator Arbitration Board. The chairperson shall be selected in accordance with Article 32.07(a)(ii). (iv) After a single arbitrator has been selected, or the Arbitration Board has been formed in accordance with the above procedure, it shall meet with the Parties within twenty-one (21) days and appointed hear such evidence as the arbitrator Parties may desire to present; assure a full, fair hearing, and shall render the decision, in writing, to the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held Parties within fourteen (14) days after the arbitrator is selectedcompletion of the hearing. (v) In the case of an Arbitration Board or single arbitrator, at such time the Chairman shall have the authority to render a decision with the concurrence of either of the other members, and place as decision thus rendered or the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the single arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon on the parties thereto Parties. (vi) The Arbitration decision shall be governed by the terms of this Collective Agreement and upon any employees concernedshall not alter, amend or change the terms of this Collective Agreement. (vii) Each of the Parties to this Collective Agreement shall pay the expenses of its appointee to an Arbitration Board. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees fees and expenses of the Chairman or single arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne shared equally by the parties two (2) Parties to the dispute; otherwise, . (viii) Any of the party making such request shall pay for it. All other costs shall time limits herein contained in Arbitration proceedings may be borne extended if mutually agreed to in writing by the party incurring sameParties.

Appears in 1 contract

Samples: Collective Agreement

Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's ’s name from the panel until such time as one (1) arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's ’s decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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