Effect of Failure to Appeal Clause Samples
The "Effect of Failure to Appeal" clause defines the consequences when a party does not challenge or appeal a decision, ruling, or determination within a specified timeframe. Typically, this means that the unchallenged decision becomes final and binding on all parties, and no further recourse or review is permitted regarding that issue. This clause ensures procedural finality and prevents indefinite disputes by encouraging timely action and providing certainty about when decisions are settled.
Effect of Failure to Appeal. Any grievance not appealed to a succeeding step within the time limits specified shall be deemed abandoned and not entitled to further consideration. Such abandonment by the Employer shall be deemed an acceptance of the grievance as stated and the remedy requested shall be accepted and enforced.
Effect of Failure to Appeal. Any grievance shall be considered as settled on the basis of the last answer of the Employer, or the Union in the case of a grievance filed by the Employer, if not appealed to the next step or to arbitration within the time limitations set forth herein.
Effect of Failure to Appeal. Failure of the Union to appeal the decision to the Board of Education shall make the decision of the hearing officer final and binding.
Effect of Failure to Appeal. Any grievance shall be considered as settled on the basis of the last answer of CROZER if not appealed to the next step or to arbitration within the time limitations set forth herein.
Effect of Failure to Appeal. Any grievance shall be considered as settled on the basis of the last answer of the Hospital, if not appealed to the next step or to arbitration within the time limitations set forth herein. Time is of the essence. All time limits must be strictly adhered to. Time limits can be extended by mutual agreement, which must be in writing. Such agreement shall not be unreasonably withheld.
Effect of Failure to Appeal. Any grievance not appealed to a succeeding step within the time limits specified shall be deemed abandoned and not entitled to further consideration. Such abandonment by the Employer shall be deemed an acceptance of the grievance as stated and the remedy requested shall be accepted and enforced. During the processing of any grievance through the grievance procedure, the employees concerned, unless suspended or discharged by the Company, will continue to work under the conditions which gave rise to the grievance. The time limits of the grievance procedure can be mutually extended by the parties. Such extensions shall be in writing.
Effect of Failure to Appeal. Any grievance shall be considered as settled on the basis of the last answer of the Hospital if not appealed to the next step or to arbitration within the time limitations set forth herein. Computing Time Limitations.Saturdays, Sundays and holidays shall be excluded from the computation of time limitations under the grievance and arbitration procedure of this Agreement.
Effect of Failure to Appeal. Any grievance not appealed to a succeeding step within the time limits specified shall be deemed abandoned and not entitled to further consideration. Such abandonment by the Employer shall be deemed an acceptance of the grievance as stated and the remedy requested shall be accepted and enforced.
Section 3 Arbitration Procedure. If the grievance cannot be satisfactorily settled by the above steps of the grievance procedure, either of the Parties may request Arbitration by giving the other Party written notice of its desire to arbitrate within fourteen (14) calendar days after the Employer or the Union has made its final written answer as provided in Step 3 (unless the Employer and the Union mutually agree in writing to extend the time limit), in which event the grievance shall be arbitrated according to the following procedure: The Party desiring to arbitrate shall request the Federal Mediation and Conciliation Service (with a copy of such request to the opposite Party) to furnish the Parties with a panel of seven (7) names of impartial arbitrators. From this panel a representative of the Employer and the Union shall select the Arbitrator. The Arbitrator shall be selected by each Party striking in turn one strike at a time, three (3) names from the list of seven (7) persons, the complaining Party having the first strike. The person remaining on the list after each Party has exercised her/his strikes shall become the Arbitrator. Either party may request additional lists if those supplied are not satisfactory; to a maximum of three (3) lists. The Parties may select an Arbitrator by other means, if such other method of selection is confirmed by a written stipulation. The selection of the Arbitrator and the hearing shall be within thirty (30) days of the request for Arbitration, whenever practicable. The expenses of the Arbitrator shall be borne equally by the Union and the Employer, each Party bearing its own preparation and presentation expenses.
Effect of Failure to Appeal. Any third step grievance shall be considered as settled on the basis of the last answer by the Employer if not appealed to arbitration within the time limitations set forth herein.