RIGHTS ARBITRATION Sample Clauses

RIGHTS ARBITRATION. 25.1 Upon receipt by the Deputy City Solicitor, Litigation and Labour Relations or President of the Union of written intent to arbitrate a grievance, the “matter” shall be referred to either the single or three (3) person board process. In either case the Labour Relations Unit will contact the Arbitrator, drawn from the list of rotating Arbitrators, in order to make the necessary arrangements for a hearing.
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RIGHTS ARBITRATION. Failing satisfactory settlement of a grievance pursuant to the procedure outlined above, either party may submit the matter to rights arbitration within ten (10) days after exhausting the grievance procedure. A request for arbitration shall be made in writing by either party, addressed to the other party to this Collective Agreement within the time limit stipulated above and shall contain the name of the first party’s appointee to an arbitration board. Within ten (10) days thereafter, the other party shall advise the party giving notice of the name of its appointee to the arbitration board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Chief Justice of the Court of Queen’s Bench, upon the request by either party to this Collective Agreement. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any Resident affected by it. The decision of the majority of the members of the arbitration board shall be the decision of the board and if there is not a majority decision, the decision of the Chairperson shall be the decision of the board.
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RIGHTS ARBITRATION. A12.1 If any difference arises out of the interpretation, application, operation or any contravention or alleged contravention of an agreement between the parties referenced in the preamble of this Agreement, or as to whether any such difference can be the subject of arbitration, the parties shall meet and attempt to resolve the difference. If the matter is not resolved either party may refer the dispute to mediation and then arbitration as provided for in this Agreement.
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RIGHTS ARBITRATION. Upon receipt by the Director, Employee Services or President of the Union of written intent to arbitrate a grievance, the "matter" shall be referred to either the single or three (3) person board process. In either case the Labour Relations Divisionwill contact the Arbitrator, drawn from the list of rotating Arbitrators, in order to make the necessary arrangements for a hearing. The Arbitrators to be included on the "rotation single panel list" shall be selected by mutual agreement of the parties. The rules governing the selection, review, renewal of Arbitrators and an expedited process shall be set out in a memorandum of agreement. Should the parties choose the three (3) person board, the Employer and the Union shall each appoint their respective panel members prior to the scheduled panel date. No "matter" shall be submitted to arbitration, which has not been properly carried through the approved steps of the grievance procedure. Unless mutually agreed, any grievance not referred in writing, to arbitrationwithin thirty (30) calendar days of the stage reply to the initiating party, shall have been deemed abandoned and all rights of recourse shall be at an end.
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RIGHTS ARBITRATION. Failing satisfactory settlement of a grievance pursuant to the procedure outlined above, either party may submit the matter to rights arbitration within fifteen (15) days after exhausting the grievance procedure. A request for arbitration shall be made in writing by either party, addressed to the other party to this Collective Agreement within the time limit stipulated above. The parties will mutually agree on a sole arbitrator within fifteen (15) days. If the parties fail to agree upon a sole arbitrator within the time limit, the appointment shall be made by the Chief Justice of the Court of Queen’s Bench, upon the request by either party to this Collective Agreement. The sole arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any Resident affected by it.
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RIGHTS ARBITRATION 
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Related to RIGHTS ARBITRATION

  • Mediation/Arbitration 1. If a dispute arises out of or relates to this warranty, or the breach thereof, and if said dispute cannot be settle through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association under its Commercial Mediation Rules in Atlanta, Georgia before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this warranty, or breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in Atlanta, Georgia and in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

  • Disputes/Arbitration (a) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by binding arbitration at Primex's corporate headquarters in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction; provided, however, that the Executive shall be entitled to seek specific performance of the Executive's right to be paid during the pendency of any dispute or controversy arising under or in connection with this Agreement.

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

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