Convening the Arbitration Board Sample Clauses

The "Convening the Arbitration Board" clause defines the process for establishing the arbitration panel that will resolve disputes between parties. Typically, this clause outlines how arbitrators are selected, the timeframe for their appointment, and the procedures to follow if the parties cannot agree on the arbitrators. For example, it may specify that each party selects one arbitrator, and those arbitrators then choose a third. The core function of this clause is to ensure a clear, fair, and efficient method for forming the arbitration board, thereby preventing delays or disagreements over the dispute resolution process.
Convening the Arbitration Board. 5.3.1 The recipient of the notice will, within ten (10) working days of receipt of such notice, inform the other party of the name of its nominee to the arbitration Board. 5.3.2 The two (2) nominees so selected will, within ten (10) working days of the appointment of the second of them, appoint a mutually acceptable third person who will be the Chair. 5.3.3 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 will be made by the Minister of Community and Social Services upon the application of the other party, giving three (3) working days’ notice of such application. 5.3.4 Similarly, if the two (2) nominees fail to agree upon a Chair, the appointment will be made by the Minister of Community and Social Services, upon application by either party upon three (3) working days’ notice to the other.
View SourceView Similar (6)
Convening the Arbitration Board. 5.3.1 The recipient of the notice will, within ten (10) working days of receipt of such notice, inform the other party of the name of its nominee to the arbitration Board. 5.3.2 The two (2) nominees so selected will, within ten (10) working days of the appointment of the second of them, appoint a mutually acceptable third person who will be the Chair. 5.3.3 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 will be made by the Director of Mediation Services upon the application of the other party, giving three 5.3.4 Similarly, if the two (2) nominees fail to agree upon a Chair, the appointment will be made by the Director of Mediation Services, upon application by either party upon three (3) working days’ notice to the other.
View SourceView Similar (2)
Convening the Arbitration Board. ‌ 5.2.1 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.
View Source
Convening 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 of them, appoint a mutually acceptable third person who shall be the If either of the parties 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 upon 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 The arbitration board, by its decision, shall not alter, amend, or change the terms of this shall it render any decision inconsistent with the terms of Where in ruling on a grievance, an 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 shall not, at any stage in the process, be defeated because of any defect in form or...
View Source

Related to Convening 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.

  • 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.

  • 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.

  • ▇▇▇▇▇▇ of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to rule on any of the following: a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge. b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law. c. Any matter involving the content of an employee evaluation. 3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer. 4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement. 5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority. 6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award. 7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.