Work Rules/Change in Conditions. When the Union or an employee claims that the Employer has implemented, or has indicated an intention to implement, a system or rule that constitutes a change in working conditions, assignments or rules, over which bargaining is required as a matter of law, without first bargaining over the proposed change or addition with the Union, the following procedure shall govern: 1. The parties shall immediately undertake such bargaining process. If the bargaining is not satisfactorily resolved at the project level, within ten (10) working days of the Union’s initial request to bargain, unless either party declares an impasse at an earlier time (but no less than five (5) days after such initial request) the Executive Director or their designee(s) shall participate in the bargaining process. Should the Executive Director or their designee thereafter decide that impasse has been reached, the Employer may implement its proposed system or rule. 2. If the Union is not satisfied with the decision, it may submit the reasonableness of the Employer decision or lack of good faith bargaining to binding arbitration within ten (10) days. An arbitrator selected to hear a case hereunder shall schedule a date within one (1) week to hear the matter and must render a decision expeditiously. No adjournment may be granted except upon mutual consent of the parties, and failure to appear or proceed by either party shall require the arbitrator to rule against the defaulting party. 3. Within thirty (30) days of the execution of this Agreement, the Employer and the Union shall designate jointly a panel of arbitrators from which the arbitrator to hear a grievance pursuant to this section shall be chosen.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Work Rules/Change in Conditions. When the Union or an employee claims that the Employer has implemented, or has indicated an intention to implement, a system or rule that constitutes a change in working conditions, assignments or rules, over which bargaining is required as a matter of law, without first bargaining over the proposed change or addition with the Union, the following procedure shall govern:
1. The parties shall immediately undertake such bargaining process. If the bargaining is not satisfactorily resolved at the project level, within ten (10) working days of the Union’s initial request to bargain, unless either party declares an impasse at an earlier time (but no less than five (5) days after such initial request) the Executive Director or their his/her designee(s) shall participate in the bargaining process. Should the Executive Director or their his/her designee thereafter decide that impasse has been reached, the Employer may implement its proposed system or rule.
2. If the Union is not satisfied with the decision, it may submit the reasonableness of the Employer decision or lack of good faith bargaining to binding arbitration within ten (10) days. An arbitrator selected to hear a case hereunder shall schedule a date within one (1) week to hear the matter and must render a decision expeditiously. No adjournment may be granted except upon mutual consent of the parties, and failure to appear or proceed by either party shall require the arbitrator to rule against the defaulting party.
3. Within thirty (30) days of the execution of this Agreement, the Employer and the Union shall designate jointly a panel of arbitrators from which the arbitrator to hear a grievance pursuant to this section shall be chosen.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Work Rules/Change in Conditions. When the Union or an employee claims that the Employer has implemented, or has indicated an intention to implement, a system or rule that constitutes a change in working conditions, assignments or rules, over which bargaining is required as a matter of law, without first bargaining over the proposed change or addition with the Union, the following procedure shall govern:
1. The parties shall immediately undertake such bargaining process. If the bargaining is not satisfactorily resolved at the project level, within ten (10) working days of the Union’s initial request to bargain, unless either party declares an impasse at an earlier time (but hut no less than five (5) days after such initial request) the Executive Director or their his/her designee(s) shall participate in the bargaining process. Should the Executive Director or their his/her designee thereafter decide that impasse has been reached, the Employer may implement its proposed system or rule.
2. If the Union is not satisfied with the decision, it may submit the reasonableness of the Employer decision or lack of good faith bargaining to binding arbitration within ten (10) days. An arbitrator selected to hear a case hereunder shall schedule a date within one (1) week to hear the matter and must render a decision expeditiously. No adjournment may be granted except upon mutual consent of the parties, and failure to appear or proceed by either party shall require the arbitrator to rule against the defaulting party.
3. Within thirty (30) days of the execution of this Agreement, the Employer and the Union shall designate jointly a panel of arbitrators from which the arbitrator to hear a grievance pursuant to this section shall be chosen.
Appears in 1 contract
Samples: Collective Bargaining Agreement