ARBITRATION ALTERNATIVE Sample Clauses

ARBITRATION ALTERNATIVE. 14.01 In the event that a grievance is not settled to the satisfaction of either party, the matter may then be referred to arbitration. If either party wishes to refer a grievance to arbitration the notice of referral to arbitration must be made in writing to the other party within fourteen (14) calendar days from the formal grievance decision of the party denying the grievance. The notice shall contain a copy of the grievance and the remedy sought and a list of three (3) arbitrators. 14.02 Within seven (7) calendar days thereafter the other party will select an arbitrator from the list or itself nominate three (3) different arbitrators. If, within a further period of five (5) calendar days, the parties are unable to agree upon an arbitrator, either party may then request that the federal Minister of Labour assist them in selecting an impartial arbitrator within a thirty (30) day period. 14.03 It is agreed that the Union has carriage of all grievances throughout the grievance and arbitration procedure and not any employee or group of employees. All agreements reached under the grievance procedure between representatives of the Employer and the Union will be final and binding upon the Employer, the Union and the affected employees. 14.04 No matter may be referred to arbitration which has not properly been carried through all requisite steps of the grievance procedure. 14.05 The issue(s) raised in the written grievance shall be presented to the arbitrator and her/his award shall be confined to such issue(s). The finding of the arbitrator as to the facts and the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be conclusive and binding on all parties concerned, but in no case shall the arbitrator be authorized to alter, modify or amend any part of this Agreement. 14.06 The Employer and the Union shall share equally the expense of the arbitrator. The costs and allowances to be paid to witnesses shall be paid by the party calling such witness. No costs of arbitration shall be awarded to or against either party.

ARBITRATION ALTERNATIVE. ‌ As an alternative to the arbitration procedure set out above, the Parties may, by mutual agreement, invoke Section 105 (Consensual Mediation-Arbitration) of the Labour Relations Code to facilitate the settlement of a grievance. If a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of the agreement including any question as to whether a matter is arbitrable, during the term of the collective agreement, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, or a substitute agreed to by the parties, shall at the request of either party: a) Investigate the difference; b) Define the issue in the difference; and, c) Make written recommendations to resolve the difference within thirty (30) days of the date of the receipt of the request; and, for those thirty (30) days from that date, time does not run in respect to the grievance procedure.

ARBITRATION ALTERNATIVE. The parties may, as an alternative to arbitration as provided in Article 13, agree in writing to resolve or decide matters arising under this Agreement under Section 103 of the Labour Relations Code which provides: Where a difference arises between the parties relating to the dismissal, discipline or suspension of an Associates (Agents/Representatives), or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the collective agreement, ▇▇▇▇▇ Ready, or a substitute agreed to by the parties, shall at the request of either party: (a) Investigate the difference; (b) define the issue in the difference, and (c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five (5) days from that date, time does not run in respect of the grievance procedure.

ARBITRATION ALTERNATIVE. As an alternative to the arbitration procedure set out above, the Parties may, by mutual agreement, invoke Section 103 of the Labour Relations Code to facilitate the settlement of a grievance. If a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of the agreement including any question as to whether a matter is arbitrable, during the term of the collective agreement, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, or a substitute agreed to by the parties, shall at the request of either party: a) Investigate the difference; b) Define the issue in the difference; and, c) Make written recommendations to resolve the difference within thirty (30) days of the date of the receipt of the request; and, for those thirty (30) days from that date, time does not run in respect to the grievance procedure.

ARBITRATION ALTERNATIVE. In the event that the enabling legislation which provides for appointment of a referee is repealed (and no successor statute is enacted), any dispute between the parties that would otherwise be determined by the reference procedure herein described will be resolved and determined by arbitration. The arbitration will be conducted by a retired judge of the Court, in accordance with the California Arbitration Act, Section 1280 through Section 1294.2 of the CCP as amended from time to time. The limitations with respect to discovery as set forth hereinabove shall apply to any such arbitration proceeding. EXECUTED as of the date first above written.

ARBITRATION ALTERNATIVE. The parties may, as alternative to arbitration as provided in agree in writing to resolve or decide arising this Agreement under Section of the Labour Relations Code which provides: Where a difference arises the parties relating to the discipline or suspension of an Associates or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the of the collective agreement, Ready, or a substitute agreed to by the parties, shall the request of either party.

ARBITRATION ALTERNATIVE. Grievances unresolved at Step III can, by mutual agreement, be submitted to a permanent umpire selected by the parties for final and binding resolution. A hearing shall be promptly scheduled, although the parties may agree to schedule the umpire in such a way as to hear more than one grievance on the same date. Hearings shall be informal, and include a presentation of facts and observations by persons who have first-hand knowledge of the issue, and discussion. When the umpire is satisfied that he/she understands the facts and the issue, the hearing will be concluded. The umpire will issue a written decision within five (5) days. The umpire shall not be discouraged from attempting to mediate the dispute either at the hearing or prior to the due date for the issuance of the decision. The costs of services of the umpire and the fee of the umpire shall be shared equally by the WWSA and the Employer.

ARBITRATION ALTERNATIVE. 17 BURDEN OF PROOF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 WARNINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

ARBITRATION ALTERNATIVE. In the event that the enabling legislation which provides for appointment of a referee is repealed (and no successor statute is enacted), any dispute between the parties that would otherwise be determined by the reference procedure herein described will be resolved and determined by arbitration. The arbitration will be conducted by a retired judge of the Court, in accordance with the California ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇, §▇▇▇▇ through §1294.2 of the CCP as amended from time to time. The limitations with respect to discovery as set forth hereinabove shall apply to any such arbitration proceeding. EXECUTED as of the date first above written. “Assignor” , a corporation By: Title: “Bank” IMPERIAL BANK, a California banking corporation By: Title: This CONTINUING GUARANTY (this “Guaranty”), dated as of , 199 , is executed and delivered by , a (“Guarantor”), with reference to the following facts: