Expedited Arbitration Clause Samples

Expedited Arbitration. (a) As an alternative to the formal arbitration process set out in the foregoing paragraphs, a grievance may, upon mutual consent of the parties, be referred to a previously agreed-upon sole arbitrator, whose appointment shall be reviewed annually. The arbitrator shall hear the grievance and at the conclusion of the hearing, immediately give a verbal decision with reasons. The arbitrator’s decision, with reasons, will be confirmed in writing. The decision shall be final and binding upon both parties and shall be made without precedent or prejudice to similar or like cases. The arbitrator shall not have the power to change the Collective Agreement or to alter, modify or amend any of its provisions. (b) To maintain the efficiency of such a process, the parties agree not to use outside legal counsel to argue a case or to call any evidence at expedited arbitration. (c) The parties agree to schedule expedited arbitration as required. At least thirty (30) days prior to the hearing, the parties will mutually agree upon a list of grievances to be heard. The parties also agree to prepare a joint statement of facts at least five (5) days prior to the scheduled hearing date.

Expedited Arbitration. (a) In lieu of the procedures specified in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, any grievance involving the suspension of an individual employee, except those which also involve an issue of arbitrability, contract interpretation, or work stoppage (strike) activity and those which are also the subject of an administrative charge or court action shall be submitted to arbitration under the expedited arbitration procedure hereinafter provided within fifteen (15) calendar days after the filing of a request for arbitration. In all other grievances involving disciplinary action which are specifically subject to arbitration under Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) of this Article, both parties may, within fifteen (15) calendar days after the filing of the request for arbitration, elect to use the expedited arbitration procedure hereinafter provided. The election shall be in writing and, when signed by authorized representatives of the parties, shall be irrevocable. If no such election is made within the foregoing time period, the arbitration procedure in Paragraphs 1 (General) through 4 (Conduct of Hearing and Decision of Arbitrator) shall be followed. (b) As soon as possible after this Agreement becomes final and binding, a panel of at least three (3) arbitrators shall be selected by the parties. Each arbitrator shall serve until the termination of this Agreement unless his or her services are terminated earlier by written notice from either party to the other. The arbitrator shall be notified of his or her termination by a joint letter from the parties. The arbitrator shall conclude his or her service by settling any grievance previously heard. A successor arbitrator shall be selected by the parties. Arbitrators shall be assigned cases in rotating order designated by the parties. If an arbitrator is not available for a hearing within ten (10) working days after receiving an assignment, the case will be passed to the next arbitrator. If no one can hear the case within ten (10) working days, the case will be assigned to the arbitrator who can hear the case on the earliest date. (c) The procedure for expedited arbitration shall be as follows: (1) The parties shall notify the arbitrator in writing on the day of agreement or date of arbitration demands in suspension cases to settle a grievance by expedited arbitration. The arbitrator shall notify the parties in ...

Expedited Arbitration. (1) Either party may refer an unresolved grievance to an expedited arbitration process within the time limits allowed at Step 3 of the grievance procedure. Arbitrators shall be chosen from the list of Arbitrators at Article 7.07 and must be able to comply with the terms of this Article. (2) Dates and locations for expedited arbitration hearings shall be by mutual agreement in a location central to the geographic area in which the dispute arose. (3) All presentations are to be brief and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations. (4) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. (5) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. (6) The decision of the Arbitrator is to be completed and delivered to the parties within three (3) working days of the hearing. (7) Any decision of an Arbitrator is to be limited in application to that particular dispute and is without prejudice. Expedited arbitration decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding. (8) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice. (9) The parties shall equally share the costs of the fees and expenses of the Arbitrator. (10) The Expedited Arbitrator shall have the same powers and authority as an Arbitrator established under the provisions of Article 7.07. (11) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration proceeding.

Expedited Arbitration. 1. Scope

Expedited Arbitration. The parties agree to utilize an expedited arbitration procedure for mutually identified grievances in the interest of achieving swift and economical resolution of those grievances.

Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of this Article may utilize the expedited procedure set forth below (in lieu of, or in addition to, any actions at law or equity) that may be brought. A. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 hours of notice, the next Arbitrator on the list shall be called. Copies of such notification will be simultaneously sent to the alleged violator and Council. B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Manager, hold a hearing within 48 hours of receipt of the notice invoking the procedure if it is contended that the violation still exists. The hearing will not, however, be scheduled for less than 24 hours after the notice required by Section 3, above. C. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager and Local Union involved. The hearing may be held on any day including Saturdays or Sundays. The hearing shall be completed in one session, which shall not exceed 8 hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator. D. The sole issue at the hearing shall be whether a violation of Section 1, above, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist Award restraining such violation and serve copies on the Contractor and Union involved. The Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages (any damages issue is reserved solely for court proceedings, if any.) The Award shall be issued in writing within 3 hours after the close of the hearing, and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award. E. The Age...

Expedited Arbitration. By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply: A) Expedited arbitration dates shall be as mutually agreed to by the parties. B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose. C) As the process is intended to be informal, lawyers will not be used to represent either party. D) All presentations are to be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations. E) Prior to rendering a decision, the arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with the Labour Relations Code. F) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing. No written reasons for the decisions shall be provided beyond that which the Arbitrator deems appropriate to convey a decision; H) All decisions of the arbitrators are to be limited in application to that particular dispute and without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding. I) All proposed settlements of expedited arbitration cases made prior to hearing shall be without prejudice. J) The parties shall equally share the costs of the fees and expenses of the arbitrator. K) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇ or as mutually agreed to by the parties. L) The expedited arbitrator shall have the same powers and authority as an arbitrator established under the provisions of Article 10 - Arbitration. M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.

Expedited Arbitration. The parties further agree to discuss the possibility of an expedited arbitration pilot project at the first scheduled meeting of the Central Labour Relations Committee post central ratification. This Letter of Agreement expires August 31, 2022.

Expedited Arbitration. ‌ (a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 10 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the Collective Agreement; (6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise); (7) grievances requiring presentation of extrinsic evidence; (8) grievances where a party intends to raise a preliminary objection; (9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and (10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration. (b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose. (c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.