The Arbitration Board Clause Samples

The Arbitration Board clause establishes a designated panel or body responsible for resolving disputes that arise under the agreement. Typically, this clause outlines how the board is formed, the qualifications of its members, and the procedures it will follow when hearing disputes between the parties. By providing a structured and impartial mechanism for dispute resolution, the clause helps ensure that conflicts are settled efficiently and fairly, reducing the likelihood of prolonged litigation and fostering smoother business relationships.
The Arbitration Board i) shall not have the power to alter or amend any provision of the Collective Agreement, or to substitute any provision or to give any decision inconsistent with the terms of this Collective Agreement; ii) shall have jurisdiction to determine whether the grievance presents an arbitral issue; iii) is limited in its jurisdiction to dealing only with the matters specifically raised in the grievance.
View SourceView Similar (5)
The Arbitration Board shall decide whether or not the Employer has introduced, or intends to introduce a technological change, and upon deciding that the Employer has or intends to introduce a technological change the Arbitration Board: (a) shall inform the Minister of Labour of its findings, and (b) may then or later make any one or more of the following orders: ( i) that the changes be made in accordance with the terms of the Collective Agreement unless the change alters significantly the basis upon which the Collective Agreement was negotiated; ( ii) that the Employer will not proceed with the Technological change for such period, not exceeding 90 days, as the Arbitration Board considers appropriate;
View SourceView Similar (3)
The Arbitration Board i. shall have jurisdiction to determine whether the grievance presents an arbitral issue; ii. is limited in its jurisdiction to dealing only with the matters specifically raised in the grievance.
View SourceView Similar (2)
The Arbitration Board shall decide whether or not the Employer has introduced, or intends to introduce a technological change, and upon deciding that the Employer has or intends to introduce a technological change the Arbitration Board: (a) shall inform the Minister of Labour of its findings; and (b) may then or later make any one or more of the following orders: (i) that the change be made in accordance with the terms of the Collective Agreement unless the change alters significantly the basis upon which the Collective Agreement was negotiated; (ii) that the Employer will not proceed with the technological change for such period, not exceeding ninety (90) days, as the Arbitration Board considers appropriate; (iii) that the Employer reinstate any employee displaced by reason of the technological change; (iv) that the Employer pay to that employee such compensation in respect of his/her displacement as the Arbitration Board considers reasonable.
View SourceView Similar (2)
The Arbitration Board. The recipient of the notice shall, within ten working days' of receipt of such notice, inform the other party of the name of its nominee to the arbitration board. The two nominees so selected shall, within ten working days of the appointment of the second of them, appoint a mutually acceptable third person who shall be the chair. If either of the parties to the grievance fails to name its nominee to the arbitration board within the time limits herein provided, such appointment shall be made by the Minister of Human Resources and Employment upon the application of the other party, giving three (3) working days' notice of such application. Similarly, if the two (2) nominees fail to agree upon a chair, the appointment shall be made by the Minister of Human Resources and Employment, upon application by either party upon three (3) working days' notice to the other. After the arbitration board has been duly formed, it shall meet as soon as possible after the appointment of the chair and hear such evidence as the parties to the grievance may desire to present in order to assure a full and fair hearing. The arbitration board shall render its decision in writing to the parties as quickly as possible after the completion of the hearing. The decision of the majority is the award of the arbitration board and is final and binding upon the parties and any persons bound by this agreement. If there is no majority, the decision of the chair governs and shall be deemed to be the award of the arbitration board. Powers of the Arbitration Board The arbitration board has the authority to: allow for clerical errors or clerical omissions in the framing of the grievance; request the attendance of any witness it deems necessary; keep a record of the proceedings; request access to any documents or other materials relating to the dispute; correct any typographical error or omission in the Agreement or any previous award. The arbitration board, by its decision, shall not alter, amend, or change the terms of this Agreement nor shall it render any decision inconsistent with the terms of the Agreement. Where in ruling on a grievance, an arbitration board determines that this Agreement has been violated but finds no redress specified in the Agreement, the board shall determine a fair and adequate remedy. Notwithstanding any other provision of this Agreement, and provided that the arbitration board determines that no substantial wrong or substantial prejudice has occurred, a grievance shal...
View Source
The Arbitration Board. The recipient of the notice shall, within ten (10) working days' of receipt of such notice, inform the other party of the name of its nominee to the arbitration board. The two nominees so selected shall, within ten (10) working days of the appointment of the second of them, appoint a mutually acceptable third person who shall be the Chair. If either of the parties to the grievance fails to name its nominee to the arbitration board within the time limits herein provided, such appointment shall be made by the Minister of Human Resources and Employment upon the application of the other party, giving three (3) working days' notice of such application. Similarly, if the two nominees fail to agree upon a Chair, the appointment shall be made by the Minister of Human Resources and Employment, upon application by either party upon three (3) working days' notice to the other.
View Source
The Arbitration Board shall decide whether or not the City has introduced, or intends to introduce a technological change, and upon deciding that the City has or intends to introduce a technological change, the Arbitration Board: (a) shall inform the Minister of Labour of its findings; and (b) may then or later make any one or more of the following orders: (i) that the change be made in accordance with the terms of the Collective Agreement unless the change alters significantly the basis upon which the Collective Agreement was negotiated; (ii) that the City will not proceed with the technological change for such period, not exceeding ninety (90) days, as the Arbitration Board considers appropriate; (iii) that the City reinstate any employee displaced by reason of the Technological Change; (iv) that the City pay to that employee such compensation in respect of his/her displacement as the Arbitration Board considers reasonable.
View Source
The Arbitration Board. 1. An Arbitration Board is hereby established to process cases which cannot be resolved by the parties. A sub- committee of the Arbitration Board will meet to settle cases when assigned to the sub-committee by the Teamsters California State Council of Cannery and Food Processing Unions and California Processors, Inc. Sub-committee hearings shall be held on dates and in areas mutually agreed upon by California Processors, Inc. and the Teamsters California State Council of Cannery and Food Processing Unions. The Teamsters Cannery Council and California Processors, Inc. shall schedule sufficient monthly meetings of the sub-com- mittee of the Arbitration Board to resolve pending grievances promptly. All cases involving contract griev- ances, classification of jobs or employees and all other matters arising under the contract shall be assigned to the sub-committee. Cases involving discipline will not be referred to the sub-committee, unless mutually agreed to by the parties. The sub-committee of the Arbitration Board will consist of equal representation between the Employer and the Union. Members of the Arbitration Board or the sub-committee may not act on cases involving that member’s company or local union. If the sub-committee is unable to resolve a case, that matter will be referred to the Arbitrator. Decisions of the sub-committee will be in writing and will be final and binding on both parties. 2. California Processors, Inc., the Teamsters California State Council of Cannery and Food Processing Unions, any company, or any local union, shall have the right to present grievances for adjustment. If the party present- ing the grievance is a local union, the grievance shall be presented through the Union and if a company, through the Employer. Grievances related to working conditions under this Agreement shall be proper subjects for sub- mission to the Arbitration Board. 3. A permanent Arbitrator shall be selected by mutual agreement. In the event of the unavailability of the per- manent Arbitrator during the period requested by the parties, alternate arbitrators shall be asked to serve in the order agreed upon by the parties. If the parties can- not agree upon an arbitrator or alternate arbitrators with- in the time specified, such arbitrator or alternate arbitrators shall be selected by the Chief Judge of the Federal District Court in San Francisco. 4. A schedule shall be arranged, if possible, to assure that six (6) cases shall be heard on each day that the...
View Source

Related to The Arbitration Board

  • Arbitration Board If the grievance is to be heard by a three-member arbitration board, the Union and the Employer shall each appoint a member of the arbitration board within five (5) days of notice of arbitration in accordance with Article 26.01. Should the appointed members fail to agree upon the appointment of a chair within five (5) days of their appointment, the Minister of Labour for Nova Scotia shall appoint the chair.

  • Expenses of Arbitration Board ‌ Each party shall pay: (a) the fees and expenses of the nominee it appoints; and (b) one-half of the fees and expenses of the Chairperson.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • Step Four - Arbitration 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township. 2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter. 3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits. 6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.