Common use of Expedited Arbitration Process Clause in Contracts

Expedited Arbitration Process. The Expedited Arbitration process is as follows: a) it is intended to be informal and non-legal, and outside lawyers will not be used to represent either Party; b) the parties will make every effort to make use of an agreed to statement of facts; c) all presentations are to be short and concise and are to include a comprehensive opening statement; d) the parties agree to make limited use of authorities during their presentations; e) the Arbitrator shall hear the grievance(s) and shall render a decision within two (2) working days of such hearings. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision; f) prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance; g) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter. h) all settlements of expedited arbitration cases prior to hearing shall be without prejudice; i) the parties shall equally share the cost of the fees and expenses of the Arbitrator. j) the decision of the Arbitrator shall be final and binding, and it shall not be the intention of either Party to appeal a decision of the Expedited Arbitrator. k) The Expedited Arbitrator, who shall be a sole arbitrator, shall be selected from the Investigator list, or shall be a substitute mutually agreed by the Parties.

Appears in 4 contracts

Sources: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

Expedited Arbitration Process. Either Management or the Union may request that an issue may be referred to an expedited arbitration process. Decisions involving termination or sexual harassment may not be referred to the expedited process. The Expedited Arbitration expedited process is as follows:shall be heard by one of the mutually-agreed-upon impartial mediator- arbitrators from the list outlined in 32.01. a) it The arbitrator, in consultation with the parties, shall convene a hearing of the grievance not later than thirty (30) days from being appointed. If the arbitrator is intended not agreeable or available to commence the hearing within this time period, another arbitrator from the mutually agreed upon list shall be informal and non-legalselected, and outside lawyers will not be used to represent either Party;so on, until one of the arbitrators is available. b) At least ten (10) days prior to the date of the hearing the parties will make every effort and/or their representatives shall meet for the following purposes: • to make use exchange copies of an agreed any documents that either party intends to statement rely on in the hearing; • to establish and attempt to agree on facts relevant to the grievance; • to engage in discussions regarding the possible settlement of facts;the grievance. c) all presentations are At least five (5) days before the scheduled hearing date the parties shall forward to be short the arbitrator the collective agreement, a copy of the grievance, any agreed statement of facts and concise and are to include a comprehensive opening statement;any other documents or materials agreed upon by the parties. d) The arbitration hearing shall be an informal and accelerated process. To this end, the following procedures shall be in effect: • The parties agree will be represented by non-lawyers, and there will be minimal reference to make legal authorities; • Presentations from each of the Parties shall be limited use of authorities during their presentations;to no more than thirty (30) minutes each • The hearing is expected to conclude within a single day, within business hours. • No witnessed shall be heard e) The decision of the Arbitrator shall hear arbitrator on the grievance(s) and shall render a decision merits of the grievance may be rendered verbally at the immediate conclusion of the hearing, or, in any event, within two (2) working days following the conclusion of such hearingsthe hearing. No The arbitrator will remain seized of the grievance to determine any issues arising from the implementation of his or her decision. f) The arbitrator may provide brief written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision; f) prior to rendering a decision, however, these must be issued within ten (10) days of rendering the Arbitrator may assist the parties in mediating a resolution to the grievance;decision. g) All decisions The decision of the Arbitrator are to arbitrator shall be limited in application binding on the parties; however, the parties agree that decisions issued through this process apply only to the particular dispute individual grievance decided, have no value as precedent and are without prejudice. Arbitration awards shall be of no precedential value and that they shall not thereafter be referred to by the Parties in respect of any other matterproceedings under this collective agreement or otherwise. h) all settlements of Such decisions from the expedited arbitration cases prior to hearing format shall be without prejudicefinal and binding upon the Parties; i) The parties may refer an interpretation matter under this process, where they agree the parties shall equally share issue is suitable for the cost of the fees expedited process; and expenses of the Arbitrator. j) they may agree beforehand that the decision of the Arbitrator shall be final and binding, and it shall not be the intention of either Party to appeal a decision of the Expedited Arbitratorarbitrator will apply in future. k) The Expedited Arbitrator, who shall be a sole arbitrator, shall be selected from the Investigator list, or shall be a substitute mutually agreed by the Parties.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Expedited Arbitration Process. The Expedited Arbitration process is as follows: a) it is intended It may be mutually agreed between the parties to be informal and non-legal, and outside lawyers will not be used to represent either Party;advance grievances as per Article 10 - Grievance Procedure of the Collective b) When a grievance is referred to the parties will make every effort expedited arbitration process, the arbitrator selected pursuant to make use of an agreed to statement of facts;Article 1 l.O2(ii) shall within twenty- c) all presentations are to be short and concise and are to include a comprehensive opening statement; d) the parties agree to make limited use of authorities during their presentations; e) the The Arbitrator shall hear the grievance(s) grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the decision shall will be provided beyond that which the arbitrator Arbitrator deems appropriate to convey a decision. The decision of a single Arbitrator will be final and binding on the parties; fd) prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance; g) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration Expedited arbitration awards shall be of have no precedential value and shall not thereafter be referred to by the Parties parties in respect of any other matter.any he) all All settlements of expedited arbitration cases prior to hearing shall be without prejudice; if) A grievance may be removed from the expedited arbitration process at any time prior to a hearing and forwarded to a regular (full panel) g) No legal counsel will be present at the hearing used by either party. The Union will use elected officers or staff representatives. The h) The parties shall will equally share the cost of the fees and expenses of the Arbitrator.; ji) The grievor(s), Shop ▇▇▇▇▇▇▇(s) and Manager(s)/Supervisor(s) who are party to the decision of the Arbitrator case shall be final and binding, and it shall not granted leave with pay to be the intention of either Party to appeal a decision of the Expedited Arbitrator. k) The Expedited Arbitrator, who shall be a sole arbitrator, shall be selected from the Investigator list, or shall be a substitute mutually agreed by the Parties.present at

Appears in 1 contract

Sources: Collective Agreement