Common use of Xxxxxxxxx Arbitration Clause in Contracts

Xxxxxxxxx Arbitration. Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Assistant CAO - Human Resources, or his/her designated representative as provided in Section 24, Grievance Procedure, of this agreement, the Union, and only the Union, may request that the grievance, as defined below, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: • All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; • "Interest" matters or matters within the scope of representation; • Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; • Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, Nondiscrimination regarding discrimination grievances. A request by the Union for arbitration of a grievance must be received by the Assistant CAO - Human Resources or his/her designee within ten (10) working days of receipt by the Union of the written grievance procedure fourth step decision. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Xxxxxxxxx Arbitration. Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Assistant CAO - Human ResourcesResources Director, or his/her designated representative as provided in Section 2431, Grievance Procedure, of this agreement, the UnionMCRNA, and only the UnionMCRNA, may request that the grievance, as defined below, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; "Interest" matters or matters within the scope of representation; Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, Nondiscrimination regarding discrimination grievances. A request by the Union XXXXX for arbitration of a grievance must be received by the Assistant CAO - Human Resources Director or his/her designee within ten (10) working days of receipt by the Union MCRNA of the written grievance procedure fourth step decision. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.

Appears in 1 contract

Samples: Memorandum of Understanding

Xxxxxxxxx Arbitration. Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Assistant CAO - Human ResourcesResources Director, or his/her designated representative as provided in Section 2431, Grievance Procedure, of this agreement, the UnionMCRNA, and only the UnionMCRNA, may request that the grievance, as defined below, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: • All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; • "Interest" matters or matters within the scope of representation; • Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; • Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, Nondiscrimination regarding discrimination grievances. A request by the Union XXXXX for arbitration of a grievance must be received by the Assistant CAO - Human Resources Director or his/her designee within ten (10) working days of receipt by the Union MCRNA of the written grievance procedure fourth step decision. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.

Appears in 1 contract

Samples: Memorandum of Understanding

Xxxxxxxxx Arbitration. Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Assistant CAO - Human ResourcesResources Director, or his/her designated representative as provided in Section 24, Grievance Procedure, of this agreement, the Union, and only the Union, may request that the grievance, as defined below, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: • All Al l matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; • "Interest" matters or matters within the scope of representation; • Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; • Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, Nondiscrimination regarding discrimination grievances. A request by the Union for arbitration of a grievance must be received by the Assistant CAO - Human Resources Director or his/her designee within ten (10) working days of receipt by the Union of the written grievance procedure fourth step decision. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.

Appears in 1 contract

Samples: Memorandum of Understanding

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Xxxxxxxxx Arbitration. Within ten (10) working days from the receipt of the written decision resulting from a grievance heard by the Assistant CAO - Director of Human Resources, or his/her designated representative as provided in Section 24, the Grievance Procedure, Procedure section of this agreement, the UnionMCRNA, and only the UnionMCRNA, may request that the grievance, as defined below, be submitted to arbitration as provided hereinafter. Only those unresolved grievances filed and processed in accordance with the Grievance Procedure of this agreement, and which directly concern or involve the interpretation and application of the specific terms and provisions of this agreement, may be submitted to arbitration. Notwithstanding any other provisions of this agreement the following matters are expressly excluded from the arbitration: All matters relating to Equal Opportunity, Occupational Health and Safety or Workers' Compensation; "Interest" matters or matters within the scope of representation; Any matter for which a different appeals procedure is provided either by statutes, ordinances, resolutions or agreements; Grievances filed under the Limited Grievance Procedure Applications section of the Grievance Procedure of this agreement. See Section 4, the Nondiscrimination section of this MOU regarding discrimination grievances. A request by the Union XXXXX for arbitration of a grievance must be received by the Assistant CAO - Director of Human Resources or his/her designee within ten (10) working days of receipt by the Union MCRNA of the written grievance procedure fourth step decision. Failure to request arbitration within the above time limits shall constitute an automatic forfeiture and an irrevocable waiver of the right to process the grievance appeal to arbitration. The notice shall set forth the specific issue or issues still unresolved through the grievance procedure which is being submitted to arbitration. The parties shall select a mutually acceptable arbitrator. The fees and expenses of the arbitrator shall be shared equally by the parties, it being understood and agreed that all other expenses including, but not limited to, fees for witnesses, transcripts and similar costs incurred by the parties during such arbitration, will be the responsibility of the individual party involved. The decision of an arbitrator shall be final and binding upon the parties but shall not add to, subtract from, nor otherwise modify the terms and conditions of this agreement.

Appears in 1 contract

Samples: Memorandum of Understanding

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