Expedited Arbitration Procedure Sample Clauses
The Expedited Arbitration Procedure clause establishes a streamlined process for resolving disputes more quickly than standard arbitration. Typically, it sets shorter timelines for submissions, limits the length of hearings, and may restrict the amount of evidence or discovery allowed. This clause is often applied in cases involving smaller claims or where the parties desire a faster resolution. Its core function is to reduce the time and cost associated with arbitration, ensuring that disputes are settled efficiently without unnecessary delay.
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Expedited Arbitration Procedure. The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator.
(a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon.
(b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties.
(c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties.
(d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays.
(e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.
Expedited Arbitration Procedure. By mutual agreement, the parties may submit any grievance which has reached the arbitration level to expedited arbitration. The expedited arbitration procedures are as follows:
1. The selection of the arbitrator shall be conditioned upon the arbitrator's ability to submit a written ruling to the parties within forty-eight hours.
2. An expedited arbitration shall not be officially transcribed unless it is requested by Management or the Association. In the event of such a request, the party requesting the transcript shall pay the cost unless the transcript is mutually requested. In such case the parties shall share the cost equally.
Expedited Arbitration Procedure. By mutual agreement, the parties may submit any grievance which has reached the arbitration level to expedited arbitration. The expedited arbitration procedures are as follows:
A. The selection of the arbitrator shall be conditioned upon the arbitrator's ability to submit a written ruling to the parties within 48 hours.
B. An expedited arbitration shall not be officially transcribed unless it is requested by Management or the League. In the event of such a request, the party requesting the transcript shall pay the cost.
Expedited Arbitration Procedure. The Association may request of the District that a matter be processed via an agency’s expedited grievance procedure. Upon mutual agreement the dispute will be processed as an “expedited arbitration.”
Expedited Arbitration Procedure. 1. The cases presented to the arbitrator will consist of work site issues, short-term disciplinary actions [five (5) day or less suspensions without pay], denials of benefits under s. 230.36, Wis. Stats., and other individual situations mutually agreed to.
2. The arbitrator will normally hear at least four (4) cases at each session unless mutually agreed otherwise. The cases will be grouped by institution and/or geographic area and heard in that area.
3. Case presentation will be limited to a preliminary introduction, a short reiteration of facts, and a brief oral argument. No briefs or transcripts shall be made. If witnesses are used to present facts, there will be no more than two (2) per side. If called to testify, the grievant is considered as one of the two witnesses. The parties may mutually agree to more than two witnesses per side.
4. The arbitrator will give a bench or other decision within five (5) calendar days. The arbitrator may deny, uphold, or modify the action of the Employer. All decisions will be final and binding.
5. Where written decisions are issued, such decisions shall identify the process as non- precedential in the heading or title of the decision(s) for identification purposes. parties.
6. The cost of the arbitrator and the expenses of the hearing will be shared equally by the
7. Representatives of the Division of Personnel Management and WLEA shall mutually agree on an arbitrator.
Expedited Arbitration Procedure. After ratification of the contract, the District and the Association shall establish a panel of arbitrators from which an arbitrator will be assigned. The number of arbitrators on the panel shall be determined by mutual agreement of the parties, which are the District and the Association. If the parties are unable to agree on a number, the number of arbitrators on the panel shall be nine (9). The American Arbitration Association (AAA) shall be asked to provide a list of twenty-seven (27) arbitrators from which the parties will strike. Those remaining will constitute the panel. The District and the Association shall also have the right, by mutual agreement, to select a panel of arbitrators which must be AAA certified arbitrators.
Expedited Arbitration Procedure. 1. The cases presented to the arbitrator will consist of campus or work site issues, short-term disciplinary actions [five (5) day or less suspensions without pay], denials of benefits under s. 230.36, Wis. Stats., and other individual situations to which the parties mutually agree.
2. The arbitrator will normally hear at least four (4) cases at each session unless mutually agreed otherwise. The cases will be grouped by agency and/or geographic area and heard in that area.
3. Case presentation will be limited to a preliminary introduction, a short reiteration of facts, and a brief oral argument. No briefs or transcripts shall be made. If witnesses are used to present facts, there will be no more than two (2) per side. If called to testify, the grievant is considered as one of the two witnesses.
4. The arbitrator will give a bench or other decision within five (5) calendar days. The arbitrator may deny, uphold, or modify the action of the Employer. All decisions will be final and binding.
5. Where written decisions are issued, such decisions shall identify the process as non-precedential in the heading or title of the decision(s).
6. The cost of the arbitrator and the expenses of the hearing will be shared equally by the parties.
7. Representatives of ▇▇▇▇ and the Union shall meet and mutually agree on an arbitrator.
Expedited Arbitration Procedure. The Union and the Employer shall, upon mutual agreement, invoke the expedited arbitration procedures per the Federal Mediation and Conciliation Service (FMCS).
Expedited Arbitration Procedure. 2522 This procedure will apply to all grievances appealed to arbitration concerning discipline which when appealed, in writing, by the Union indicates a desire to expedite said case. 2523 When a discharge case is submitted to expedited arbitration, the parties shall confer within ten (10) calendar days to determine whether multiple days of arbitration are necessary. If either party determines the need for multiple days, the parties shall notify the selected arbitrator in order to calendar any other hearing dates that the parties project. 2524 A case appealed to arbitration will be submitted to the arbitrator within one-hundred twenty (120) calendar days of the date of request. 2525 The parties will select a panel of ten (10) arbitrators. These arbitrators will be contacted and must agree to the process involved herein. The arbitrator for each case will be selected by the parties agreeing upon a date for the arbitration, and agreeing to use the first arbitrator who has that date available. 2526 This initial panel will be utilized until July of each year. At that time, the parties will select a new panel, which can include arbitrators from the initial list. If no new panel is selected by that time, the old panel continues, except that either party may strike arbitrators from the old panel. 2527 In expedited cases, a transcript will be taken and provided to the arbitrator and the arbitrator must render a decision within thirty (30) calendar days of receipt of transcript or post hearing briefs, whichever is the later. 2528 In non-discharge cases, briefs will generally not be written, however, an exception to this will occur if the arbitrator rules that briefs will be filed, after a motion for such ruling by either party, or upon the arbitrator’s motion. In a discharge case, briefs will be filed unless both parties mutually agree otherwise. 2529 When briefs are filed by the parties, they will be submitted to the arbitrator within thirty (30) days of receipt of the transcript. 2530 The parties may also, by mutual agreement, agree to write briefs. 2531 If briefs are filed, and a transcript has been taken, the arbitrator will be provided with a transcript. 2532 If briefs are filed, the arbitrator must render a decision within thirty (30) calendar days of receipt of briefs. 2533 Other than as specifically modified herein, the grievance procedure, including the authority of the arbitrator, remains as provided in the Agreement. 2534 Whether or not the parties mutuall...
Expedited Arbitration Procedure. In the interest of achieving a more efficient handling of disciplinary grievances, the parties agree to the following expedited arbitration procedure. This procedure is intended to replace the procedure in Section 25.02, Step Five (5), for the resolution of grievances as set forth below. The procedure will operate in the following manner:
A. A special list of arbitrators will be chosen by the parties to hear all expedited arbitrations during the term of this Agreement.
B. Except for patient/client related cases, the grievances presented to the arbitrator under this section will consist of disciplinary actions without pay of more than five (5), but less than ten (10) days, unless mutually agreed otherwise. The parties may submit other issues by mutual agreement.
C. Only matters of procedural arbitrability may be addressed in this expedited procedure. Grievances where there is an issue of substantive arbitrability may only be dealt with in accordance with Section 25.02, Step Five (5).
D. The arbitrator will normally hear at least four (4) grievances at each session unless mutually agreed otherwise. The grievances will be grouped by institution and/or geographic area and heard in that area. The parties will endeavor to develop and maintain a regular schedule for the handling of expedited arbitrations at each department or agency.
E. Grievance presentation will be limited to a preliminary introduction, a short reiteration of facts and a brief oral argument. No briefs or transcripts shall be made. If witnesses are used to present facts, there will be no more than three (3) per side including the grievant. In cases where there is an issue of procedural arbitrability, each party will be permitted two (2) additional witnesses.
F. The arbitrator will either give a bench decision or issue a decision within five (5) calendar days. The arbitrator can either uphold or deny the grievance or modify the relief sought. All decisions will be final and binding. Decisions issued pursuant to this procedure shall have no precedence for progressivity purposes only or unless mutually agreed otherwise by the parties.
G. The cost of the arbitrator and the expenses of the hearing will be shared equally by the parties.