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.
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;
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.
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.
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...
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.
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.
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...