Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two, if no agreement has been reached by the parties. 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 lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (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 dispute 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 this Agreement, nor to determine jurisdictional disputes 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: Agreement of August, Agreement of August, Agreement of August
Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two, Three if no agreement has been reached by the parties. 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 lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (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 dispute 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 this Agreement, nor to determine jurisdictional disputes 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 57 of this Agreement, "Non-Non- Discrimination;" such disputes are instead subject to non-binding mediation. Fees and expenses of the arbitrator and 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: Agreement of August, Agreement of August, Agreement of August
Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two, if no agreement has been reached by the parties. 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 lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (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 dispute 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 this Agreement, nor to determine jurisdictional disputes 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 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: Agreement of August, Agreement of August
Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two, if no agreement has been reached by the parties. 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 lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (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 dispute 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 this Agreement, nor to determine jurisdictional disputes 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, 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 2 contracts
Samples: Agreement, Agreement of August
Regular Arbitration. The In the event of a failure to settle the dispute under Steps One, Two or Three above, the aggrieved party may elect to proceed to regular arbitration within ten (10) working days following Regular Arbitration by delivering or mailing to the completion of Step Twoother party a written demand for arbitration. In such event, if no agreement has been reached an Arbitrator shall be mutually agreed upon by the partiesparties to the dispute and such Arbitrator shall promptly proceed to hear the matter and settle the dispute. If such demand is served for regular arbitrationIn the event the parties to the dispute cannot mutually agree upon said Arbitrator as aforesaid, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from aggrieved party may immediately request the Federal Mediation and Conciliation Service (which "FMCS") to submit a list of five (5) names of Arbitrators to the parties to the dispute for the purpose of selection of an Arbitrator; each party shall endeavor be entitled to maintain currently), strike two (2) names from the list of five (5) names submitted by the FMCS and the remaining name shall be the sole Arbitrator to hear and determine the matter. The selection of such Arbitrator shall be made within five (5) days workdays, excluding Saturdays, Sundays and holidays, after receipt by the parties to the dispute of the receipt names of such demandthe Arbitrators submitted by the FMCS. Such hearing The Arbitrator selected shall be held within fourteen (14) days after notify the arbitrator is selected, at such parties as to the time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake of the arbitration within hearing if the time limit herein provided, another arbitrator parties cannot agree. The subject of the arbitration shall be selected from such listlimited to the specific issues and facts set forth in the written notice required under Step Two above. The decision of the arbitrator 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 hereto and upon any employees concernedthe persons subject to this Agreement. The arbitrator Arbitrator shall have the power to determine interpret and apply the specific grievance or dispute as described in the first paragraph provisions of this Article 7Agreement, but shall not have the power to amendamend or modify any of its provisions, modify or nor shall he have power to effect a change in any of the provisions of this Agreement, nor its provisions. The Arbitrator shall not have power to determine jurisdictional disputes between the Local 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, arbitration 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: Tentative Agreement, Contract
Regular Arbitration. The In the event of a failure to settle the dispute under Steps One, Two or Three above, the aggrieved party may elect to proceed to regular arbitration within ten (10) working days following Regular Arbitration by delivering or mailing to the completion of Step Twoother party a written demand for arbitration. In such event, if no agreement has been reached an Arbitrator shall be mutually agreed upon by the partiesparties to the dispute and such Arbitrator shall promptly proceed to hear the matter and settle the dispute. If such demand is served for regular arbitrationIn the event the parties to the dispute cannot mutually agree upon said Arbitrator as aforesaid, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from aggrieved party may immediately request the Federal Mediation and Conciliation Service (which "FMCS ") to submit a list of five (5) names of Arbitrators to the parties to the dispute for the purpose of selection of an Arbitrator; each party shall endeavor be entitled to maintain currently), strike two (2) names from the list of five (5) names submitted by the FMCS and the remaining name shall be the sole Arbitrator to hear and determine the matter. The selection of such Arbitrator shall be made within five (5) days workdays, excluding Saturdays, Sundays and holidays, after receipt by the parties to the dispute of the receipt names of such demandthe Arbitrators submitted by the FMCS. Such hearing The Arbitrator selected shall be held within fourteen (14) days after notify the arbitrator is selected, at such parties as to the time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake of the arbitration within hearing if the time limit herein provided, another arbitrator parties cannot agree. The subject of the arbitration shall be selected from such listlimited to the specific issues and facts set forth in the written notice required under Step Two above. The decision of the arbitrator 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 hereto and upon any employees concernedthe persons subject to this Agreement. The arbitrator Arbitrator shall have the power to determine interpret and apply the specific grievance or dispute as described in the first paragraph provisions of this Article 7Agreement, but shall not have the power to amendamend or modify any of its provisions, modify or nor shall the Arbitrator have power to effect a change in any of the provisions of this Agreement, nor its provisions. The Arbitrator shall not have power to determine jurisdictional disputes between the Local 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, arbitration 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: s3.us-west-2.amazonaws.com
Regular Arbitration. The In the event of a failure to settle the dispute under Steps One, Two or Three above, the aggrieved party may elect to proceed to regular arbitration within ten (10) working days following Regular Arbitration by delivering or mailing to the completion of Step Twoother party a written demand for arbitration. In such event, if no agreement has been reached an Arbitrator shall be mutually agreed upon by the partiesparties to the dispute and such Arbitrator shall promptly proceed to hear the matter and settle the dispute. If such demand is served for regular arbitrationIn the event the parties to the dispute cannot mutually agree upon said Arbitrator as aforesaid, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from aggrieved party may immediately request the Federal Mediation and Conciliation Service (which the parties shall endeavor "FMCS") to maintain currently), within five submit a list of five (5) days names of Arbitrators to the parties to the dispute for the purpose of selection of an Arbitrator; each party shall be entitled to strike two (2) names from the list of five (5) names submitted by the FMCS and the remaining name shall be the sole Arbitrator to hear and determine the matter. The selection of such Arbitrator shall be made within five (5) workdays, excluding Saturdays, Sundays and holidays, after receipt by the parties to the dispute of the receipt names of such demandthe Arbitrators submitted by the FMCS. Such hearing The Arbitrator selected shall be held within fourteen (14) days after notify the arbitrator is selected, at such parties as to the time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake of the arbitration within hearing if the time limit herein provided, another arbitrator parties cannot agree. The subject of the arbitration shall be selected from such listlimited to the specific issues and facts set forth in the written notice required under Step Two above. The decision of the arbitrator 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 hereto and upon any employees concernedthe persons subject to this Agreement. The arbitrator Arbitrator shall have the power to determine interpret and apply the specific grievance or dispute as described in the first paragraph provisions of this Article 7Agreement, but shall not have the power to amendamend or modify any of its provisions, modify or nor shall he have power to effect a change in any of the provisions of this Agreement, nor its provisions. The Arbitrator shall not have power to determine jurisdictional disputes between the Local 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, arbitration 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: Agreement of August