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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article. F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager. G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue. H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 3 contracts
Sources: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
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) 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 Execution Copy 2015-2018 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which Execution Copy 2015-2018 interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 2 contracts
Expedited Arbitration. Any Contractor Without resort to the grievance procedure, any dispute regarding an alleged violation or Union alleging a threatened violation of Section 1 this article may be submitted to expedited arbitration by either party upon written notice to the other party. Within twenty-four hours of any request to arbitrate, or as soon thereafter as any arbitrator is available, an alleged violation of this article a hearing shall be held, telephonically or otherwise, before any one of the arbitrators identified in Article may utilize the expedited procedure set forth below (9, Section C of this Agreement. The first available arbitrator 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 sequential order from the list shall be calledselected. Copies The arbitrator shall determine and advise the parties 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 of such hearing. The failure of either party or any witness to attend the Contractorhearing as scheduled and noticed by the arbitrator shall not delay the hearing, and the arbitrator shall proceed to take evidence and issue an award and order as though such party or witness was present. The sole issue before the arbitrator shall be whether this Article has been violated and what relief, if any, for such violation is appropriate. In the event the arbitrator finds any violation of this article, the Local Union involvedarbitrator may order any party to cease and desist from such violation and award damages, 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 existsarbitrator may order such interim relief as she or he deems appropriate. The hearing will notarbitrator may issue his or her award at any time, however, be scheduled for less but in no event later 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 involvedhearing. 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 Any decision supporting such 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 seven (7) days of the close of the hearing, . The arbitrator's decision and may be issued without an Opinion. If any involved party desires an Opinion, one award shall be issued within 15 calendar days, but its issuance shall not delay compliance with, or enforcement of, final and binding on the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Awardparties. Notice of the filing of such enforcement proceedings Nothing herein shall be given deemed or construed to the Union limit or Contractor involvedpreclude any party's right to any judicial remedy, including but not limited to injunctive relief and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. damages. The fees and expenses of the Arbitrator arbitrator, the court reporter’s appearance fee, and the cost of mutual facilities shall be borne equally divided between by the involved Contractor Facility and the Union.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of party to this Article may utilize Agreement shall institute the expedited procedure set forth below (in lieu offollowing procedure, or in addition to, prior to initiating any actions other action at law or equity) that may be brought, when a breach of this Article is alleged to have occurred.
A. 4.2.1 A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, as the permanent arbitrator, or ▇; who shall alternate (beginning with Arbitrator ▇.▇. ▇▇ ▇▇▇▇▇▇▇) ▇, as Arbitrator the alternate arbitrator, under this expedited arbitration procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the Arbitrator next on parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Building Trades Council and involved local Union if a Union is not available alleged to hear the matter within 24 hours be in violation.
4.2.2 Upon receipt of said notice, the next Arbitrator on City will contact the list shall be called. Copies of such notification permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will be simultaneously sent attempt 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 convene a hearing within 48 twenty-four (24) 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 4.2.3 The arbitrator shall notify the parties by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to email and telephone of the Arbitrator, Contractor, Construction Manager place and Local Union involvedtime for the hearing. The hearing may be held on any day including Saturdays or Sundays. The Said hearing shall be completed in one session, which which, with appropriate recesses at the arbitrator's discretion, shall not exceed 8 twenty-four (24) hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreedagreed upon by all parties. A failure of any Union or Contractor party to attend the hearing said hearings shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitratorarbitrator.
D. 4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 1, above, Section
4.1 of the Agreement has 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 arbitrator shall have no authority to consider any matter in of justification, explanation or mitigation of such violation or to award damages (any damages damages, which issue is reserved solely for court proceedings, if any.) . The Award award shall be issued in writing within 3 three (3) hours after the close of the hearing, and may be issued without an Opiniona written opinion. If any involved party desires an Opiniona written opinion, one shall be issued within 15 fifteen (15) calendar days, but its issuance the parties shall not delay compliance withwith or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or enforcement ofportion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the Awardliquidated damages claimed under this section.
E. 4.2.5 The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with and all other relevant documents referred to above in the Awardfollowing manner. Notice of the The party filing of such enforcement proceedings shall be given give written notice to the Union other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or Contractor involved, and participate in a hearing for a final order of enforcement. Any court order enforcing the Construction Managerarbitrator's award shall be served on all parties by hand or delivered by certified mail.
G. 4.2.6 Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Articleabove procedure, or which interfere with compliance theretowith the above procedure, are hereby waived by the Contractors and Unions to whom they accrueparties.
H. 4.2.7 The fees and expenses of the Arbitrator arbitrator shall be divided equally divided between the involved Contractor party instituting the arbitration proceedings provided in this Article and Unionthe party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Building Trades Council shall mutually agree to a replacement.
Appears in 2 contracts
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of party to this Article may utilize Agreement shall institute the expedited procedure set forth below (in lieu offollowing procedure, or in addition to, prior to initiating any actions other action at law or equity, when a breach of this Article is alleged to have occurred:
(a) that may be brought.
A. A The party invoking this procedure shall notify ▇.▇. ▇contact the Designated Representative of the Developer who shall provide notice to ▇▇▇▇▇▇ or ▇▇▇▇▇▇ who is the permanent arbitrator under this procedure and to the parties alleged to be in violation of this Article within twenty-four (24) hours after receipt of notice from the party invoking this procedure. In the event that the permanent arbitrator is unavailable at any time, ▇▇▇▇▇ ▇▇▇▇▇▇▇; who ▇ shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) as Arbitrator under this expedited arbitration procedure. If be appointed the Arbitrator next on alternate, or if he is unavailable, then a selection shall be made from the list is not available of arbitrators in Article 16 (Grievance and Arbitration Procedure). Notice to hear the matter within 24 hours of notice, the next Arbitrator on the list arbitrator shall be called. Copies of such notification will be simultaneously sent by the most expeditious means available, with notices by facsimile, email, and/or telephone to the party alleged violator to be in violation, to the Council, and Councilto the involved local Union if a Union is alleged to be in violation.
B. (b) The Arbitrator 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 twenty-four (24) hours of after 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, aboveprocedure.
C. All notices pursuant to (c) The arbitrator shall notify the parties of the place and time chosen for 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 involvedhearing. The hearing may be held on any day including Saturdays or Sundays. The Said hearing shall be completed in one session, which shall session not to exceed 8 twenty-four (24) hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreedagreed upon by all parties. A failure of any Union party or Contractor parties to attend the hearing said hearings shall not prevent the arbitration from proceeding, nor delay the hearing of evidence by those present or the issuance of an any award by the Arbitratorarbitrator.
D. (d) The sole issue at the hearing shall be whether or not a violation of Section 1, above, this Article has occurred. If a violation is found to have occurred, the Arbitrator 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 not consider any matter in justification, explanation explanation, or mitigation of such violation or to and shall not award damages (any damages issue is except as set forth in Section 10.6 below. These issues are reserved solely for court proceedings, if any.) . The Award decision shall be issued in writing within 3 three (3) hours after the close of the hearing, hearing and may be issued without an Opinionopinion. If any involved party desires an Opiniona written opinion, one shall be issued within 15 calendar days, five (5) days but its issuance shall not delay compliance with, with or enforcement of, the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) award. The requesting party shall be responsible to pay any additional cost associated with the written opinion. The arbitrator may participate in full in order cessation of the violation of this Article and other appropriate relief and such award shall be served on all proceedings under this Article.
F. An Award issued under this procedure parties and the Designated Representative of the Developer by hand, facsimile or electronic mail. Such award may be enforced by any court Court of competent jurisdiction upon jurisdiction, in the filing of this Agreement together with the Awardfollowing manner. Notice Written notice of the filing of such enforcement proceedings shall be given served by hand or delivered by certified mail to the Union other party. In the event the prevailing party initiates a proceeding to obtain a temporary order enforcing the arbitrator's award, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party's right to participate in a hearing for a final order of enforcement. Any order or Contractor involved, and orders enforcing the Construction Managerarbitrator's award shall be served on all parties by hand or delivered by certified mail.
G. (e) Any rights created by statute or law governing arbitration proceedings which and any practices, understandings, or agreements between the Contractors and Unions that are inconsistent with the procedure not specifically set forth in this Article, Agreement or which the applicable Schedule A agreements and that are inconsistent with and/or interfere with compliance thereto, the above procedure are hereby waived by the Contractors and Unions parties to whom they accrue.
H. (f) The fees and expenses of the Arbitrator arbitrator shall be equally divided between or among the involved party or parties initiating this procedure and the respondent party or parties.
(g) Nothing in this Agreement shall preclude a Union from informing an employee of non-payment of wages or benefits by any Contractor. The Union shall not be responsible for an employee’s withholding of his/her labor for non-payment of wages or benefits, and no employee shall be penalized for withholding his/her labor for non-payment of wages or benefits. The Union shall concurrently inform the Developer of any non- payment of wages or benefits by any Contractor. In the event that an employee withholds his/her labor for non-payment of wages or benefits, all other terms of Section 10.1 shall continue to apply. Similarly, nothing in this Agreement shall preclude a Union from withdrawing its members from employment of any Contractor that has failed to pay wages, or failed to make required benefits payments to a trust fund. However, the Union shall be permitted to do so only if it has initiated the applicable grievance procedure and Unionhas provided written notice to the Developer of the intent to withdraw the employee no less than five (5) business days prior to withdrawal of the employee. This provision shall not apply to routine disputes over the amounts paid, but rather to failure by a Contractor to pay wages or gross and continuing failure to contribute to appropriate trust funds for benefits. Provided, however, that if the Developer guarantees timely payment of trust fund contributions as set forth in the delinquency notice and/or makes required wage payments, the work shall continue and the Union shall not withdraw workers from the job. Developer considers non-payment of wages and benefits by a Contractor, or non-compliance with a grievance resolution by a Contractor, to be grounds for termination of a contract.
Appears in 2 contracts
Expedited Arbitration. Any Contractor or Union party 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) equity that may be brought).
A. 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 twenty-four (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 Councilother party.
B. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Managerparties, hold a hearing within 48 forty-eight (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 earlier than 24 twenty-four (24) hours after the notice required by Section 3, aboveparty invoking this expedited process has notified the other party of the alleged violation of this Article.
C. c. All notices pursuant to this Article may must be provided by telephone, telegraph, hand delivery, or fax, confirmed electronic-mail and by overnight delivery, to the Arbitrator, Contractorthe University, Construction Manager and Local Union involvedUnion. 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 eight (8) hours duration (no more than 4 four (4) hours being allowed to either side to present their case, case and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor party to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator.
D. d. The sole issue at the hearing shall be whether a violation of Section 11 or Section 4, aboveboth of this Article, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist Award (an “Award”) restraining such violation and serve copies on the Contractor University and Union involvedUnion. The Arbitrator shall have no authority to consider any matter in justification, explanation 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 three (3) hours after the close of the hearing, 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.fifteen
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
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. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇ ▇▇▇▇▇▇▇ or , ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who shall alternate (beginning with Arbitrator ▇., ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇ or ▇) ▇▇▇▇▇ ▇▇▇▇▇▇ who shall alternate as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 48 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, if a Local Union is alleged to be in violation, its International affiliate, the Department, the Council NYSDOT, and CouncilPC.
B. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council Council, the NYSDOT, and the Construction Managerthe, PC, hold a hearing within 48 hours of receipt (excluding Sundays and holidays) 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 (excluding Sundays and holidays) after the notice required by Section 3, above.above.
C. c. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, ContractorNYSDOT, Construction Manager PC, Contractor 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. 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. e. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or and Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. f. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. g. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 2 contracts
Sources: Contract Amendment, Contract Amendment
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) 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, 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, 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 2 contracts
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 ▇.▇. ▇▇▇▇▇▇▇ 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 ManagerCONSTRUCTION MANAGER OR GENERAL CONTRACTOR, 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 CONSTRUCTION MANAGER OR GENERAL CONTRACTOR 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 Agency CONSTRUCTION MANAGER OR GENERAL CONTRACTOR and Construction Manager (or such other designee of the Agency) Authority may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction ManagerCONSTRUCTION MANAGER OR GENERAL CONTRACTOR.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any The Prime Contractor, and 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 ManagerPrime Contractor, 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, telegraphemail, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager Prime Contractor 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, 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, 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 Agency and Construction Manager Prime Contractor (or such other designee of the AgencyPrime Contractor) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction ManagerPrime Contractor.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; , Esq., who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) serve 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, if a Local Union is alleged to be in violation, its International, the District, the Construction Project Manager, the BTC, and Councilthe Contractor involved.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, Contractor and the Local Union involved, the Council BTC, and the Construction ManagerProject 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 to the district or area council required by Section 3, 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, Contractorarbitrator, Construction Manager and Local Project Manager, Contractor or 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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) 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 Council, the Design-Builder, and the Construction ManagerAgency, 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, Design-Builder, Contractor, Construction Manager Agency 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, 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, 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 Agency and Construction Manager (or such other designee of the Agency) and Design-Builder may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, Agency, and the Construction ManagerDesign-Builder.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Affiliated 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) equity that may be brought.):
A. (a) A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ 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. If either ▇▇. ▇▇▇▇▇▇▇ or ▇▇. ▇▇▇▇▇▇ should become incapacitated, the BCTC and the General Contractors shall agree on a replacement Arbitrator. Copies of such notification will be simultaneously sent to the alleged violator and Councilthe BCTC.
B. (b) The Arbitrator shall thereupon, after notice as to the time and place to the Contractor, the Local Affiliated Union involved, the Council BCTC 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, abovenotice.
C. (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 Affiliated 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 not 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 Affiliated 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. (d) The sole issue at the hearing shall be whether a violation of Section 1, above, 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 Affiliated Union involved. The Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages or modify the disciplinary action taken (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 Agency and Construction Manager (or such other designee of the Agencye) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the pertinent LOA, the Award, and a Petition to Confirm. Notice of the filing of such enforcement proceedings shall be given to the Affiliated Union or and Contractor involved, and the Construction Manager.
G. (f) Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Affiliated Unions to whom they accrue.
H. (g) The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Affiliated Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of party to this Article may utilize Agreement shall institute the expedited procedure set forth below (in lieu offollowing procedure, or in addition to, prior to initiating any actions other action at law or equity) that may be brought, when a breach of this Article is alleged to have occurred.
A. 4.2.1 A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who ▇, as the permanent arbitrator. In the event the permanent arbitrator is unavailable at any time, then the parties shall alternate (beginning select the arbitrator following the process set forth in Section 13.4. Notice to the selected arbitrator shall be by the most expeditious means available, with Arbitrator ▇notices by facsimile, email or telephone to the CITY and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.▇. ▇▇▇▇▇▇▇) as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 hours
4.2.2 Upon receipt of said notice, the next Arbitrator on CITY will contact the list shall be called. Copies of such notification permanent arbitrator named above, or his alternate, who will be simultaneously sent attempt 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 convene a hearing within 48 hours of receipt of the notice invoking the procedure twenty-four (24) hours, or as soon as possible thereafter, 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 4.2.3 The arbitrator shall notify the parties by telephonefacsimile, telegraph, hand delivery, email or fax, confirmed by overnight delivery, to telephone of the Arbitrator, Contractor, Construction Manager place and Local Union involvedtime for the hearing. The hearing may be held on any day including Saturdays or Sundays. The Said hearing shall be completed in one session, which which, with appropriate recesses at the arbitrator's discretion, shall not exceed 8 twenty-four (24) hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreedagreed upon by all parties. A failure of any Union or Contractor party to attend the hearing said hearings shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitratorarbitrator.
D. 4.2.4 The sole issue at the hearing shall be whether or not a violation of Section 1, above, 4.1 of the Agreement has 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 arbitrator shall have no authority to consider any matter in of justification, explanation or mitigation of such violation or to award damages (any damages issue damages, which issue(s) is reserved solely for court proceedings, if any.) . The Award arbitrator’s decision shall be issued in writing within 3 three (3) hours after the close of the hearing, and may be issued without an Opiniona written opinion. If any involved party desires an Opinionrequests a written opinion explaining the arbitrator’s decision, one shall be issued within 15 calendar daysfifteen (15) days of the request, but its issuance the parties shall not delay compliance with, with or enforcement of, of the Awardaward due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article and liquidated damages as set forth in Section 4.3.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure 4.2.5 Such order may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with and all other relevant documents referred to above in the Awardfollowing manner. Notice of the The party filing of such enforcement proceedings shall be given give written notice to the Union other party. In the proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under this Article, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Court’s order or Contractor involved, and orders enforcing the Construction Managerarbitrator's award shall be served on all parties by hand or delivered by certified mail.
G. 4.2.6 Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Articleabove procedure, or which interfere with compliance theretocompliance, are hereby waived by the Contractors and Unions to whom they accrueparties.
H. 4.2.7 The fees and expenses of the Arbitrator arbitrator shall be divided equally divided between the involved Contractor party instituting the arbitration proceedings provided in this Article and Unionthe party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the CITY and the Council shall mutually agree to a replacement.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any The Contractor or any 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. 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, if a Local Union is alleged to be in violation, its International, and the Council.
B. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction ManagerDepartment, 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 to the district or area Council required by Section 3, above.
C. 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 Contractor or 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 four hours being allowed to either side to present their case, and conduct their cross cross-examination) unless otherwise agreed. A failure of any Union or the 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. 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 damages, which issue is reserved solely for court proceedings, if any.) . The Award shall be issued in writing within 3 three 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. e. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Contractor or Union involved. In any court proceeding to obtain a temporary or Contractor involvedpreliminary order enforcing the Arbitrator’s Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party’s right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. f. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors Contractor and Unions to whom they accrue.
H. g. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and UnionUnion involved.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; ______________ Esquire (“Arbitrator”) who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) serve 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, if a Local Union is alleged to be in violation, its International, the Company, the Trades Council, and Council.
B. the Contractor. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction ManagerTrades Council, 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 to the district or area council required by Section 3, 3 above.
C. . All notices pursuant to this Article may be provided by telephone, telegraphemail, hand delivery, or fax, confirmed by overnight delivery, to the Arbitratorarbitrator, Contractor, Construction Manager and Local Contractor or 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 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, 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. . An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction Manager.
G. Contractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding. Any rights created by statute statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. . The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Local 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) equity that may be brought.
A. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) as the American Arbitration Association to appoint an 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, if a Local Union is alleged to be in violation, its International Union, the Council, and Councilthe Contractor.
B. The Upon appointment in accordance with the rules and regulations of the American Arbitration Association for an expedited arbitration proceeding, the Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, and 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 to the Council 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 the involved Local Union involvedand the Council. 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 Local 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 the Local 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement Agreement, together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Local Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the Arbitrator’s award as issued under this expedited procedure, the involved Local Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party’s right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Local Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Local Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any The Construction Manager, and 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 hours, or as soon thereafter as possible, 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 Agency and Construction Manager (or such other designee of the AgencyConstruction Manager) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇., or ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇) ▇ who shall alternate as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 48 hours of notice, the next Arbitrator on the list shall be called. If for any reason none of the foregoing are available, the PC and Council shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. Copies of such notification will be simultaneously sent to the alleged violator and, if a Local Union is alleged to be in violation, its International affiliate, the Council, and Council.
B. the PC and the NYSDOT or its designee. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council Council, the PC, and the Construction ManagerNYSDOT or its designee, hold a hearing within 48 hours of receipt (excluding Sundays and holidays) 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 (excluding Sundays and holidays) after the notice required by Section 3, above.
C. . Any hearing shall be held in Binghamton, New York unless the parties and the NYSDOT or its designee mutually agree otherwise. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or faxemail, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager PC, NYSDOT or its designee, the Council 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, 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 Cease-and-Desist Award restraining such violation and serve copies on the Contractor Contractor, PC, NYSDOT or its designee, Council 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 damages, which 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, 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. . An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union and Contractor involved and to the PC and NYSDOT or its designee. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and Contractor involvedwaive their right to a hearing and agree that such proceedings may be ex parte, and the Construction Manager.
G. provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. . The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who shall alternate (beginning with Arbitrator ▇ or ▇.▇. ▇ ▇▇▇▇▇▇▇) ▇ who shall alternate as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 48 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, if a Local Union is alleged to be in violation, its International affiliate, the Department, the Plattsburgh Council, the Construction Manager, and CouncilPC.
B. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and Council, the Construction Manager, and the, PC, hold a hearing within 48 hours of receipt (excluding Sundays and holidays) 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 (excluding Sundays and holidays) after the notice required by Section 3, above.
C. c. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, ContractorConstruction Manager, Construction Manager PC, Contractor 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. 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. e. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or and Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. f. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. g. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union party alleging a violation of Section 1 of this Article 8 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. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; (to be mutually determined at a later date) who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) act 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 violator, the Contractor the Construction Manager and Councilif a Local Union is alleged to be in violation, then to the BCTC.
B. b. The Arbitrator shall thereupon, after notice to all parties covered as to time and place to the Contractor, the Local Union involved, the Council and the Construction Managerplace, hold a hearing within 48 Forty Eight (48) hours of receipt of the notice invoking the procedure procedures if it is contended that the violation still exists. The hearing will not, however, be scheduled for less than 24 twenty four (24) hours after the notice to the BCTC required by Section 3, above.
C. c. All notices pursuant to this Article 8, may be provided by telephone, telegraph, email, hand delivery, delivery or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager and Local Union parties involved. The hearing may be held on any day including Saturdays or and Sundays. The hearing shall be completed in one session, which shall not exceed 8 Four (4) hours duration (with no more than 4 Two (2) hours being allowed to either side to present their its case, and conduct their its cross examination) examination unless otherwise agreed. A failure of any Union or Contractor party to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator.
D. d. The sole issue at the hearing shall be whether a violation of Section 1, above, I above has occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Desist Award Order restraining such violation and serve copies on the Contractor and Union involvedparty determined to be in violation. The Arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation or to award damages (any damages damages, which issue is reserved solely for court other proceedings, if any.) . The Award decision shall be issued in writing within 3 three (3) hours after the close of the hearing, and may be issued without an Opinionopinion. If any involved party desires an Opinionopinion, one shall be issued within 15 fifteen (15) calendar days, but its issuance shall not delay compliance with, or enforcement of, the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award decision. A decision issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Awarddecision. Notice of the filing of such enforcement proceedings shall be given to the Union party involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Party and Contractor involvedwaive their right to a hearing and agree that such proceedings may be ex-parte, and the Construction Managerprovided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. e. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the this procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. f. The fees and expenses of the Arbitrator shall be equally divided between the involved parties (Contractor and Unionthe respective Union(s)).
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 6.1 of this Article Section 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. 1. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; the AAA arbitrator selected who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) act 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 shall be simultaneously sent to the alleged violator and if a Local Union is alleged to be in violation, the Council, and the County.
B. 2. The Arbitrator Arbitration shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Manager, hold County a hearing within 48 hours of receipt of for the notice invoking the procedure if it is contended that the violation still exists. The hearing will shall not, however, be scheduled for less than 24 hours after the notice to the Council required by Section 36.3, above.
C. 3. All notices pursuant to this Article Section may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager and Local Contractor or Union involved. The hearing may be held on any day including Saturdays or Sundays. The hearing shall be completed in one (1) session, which shall not exceed 8 eight (8) hours duration (no more than 4 four (4) hours being allowed to either side to present their case, 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. 4. The sole issue at the hearing shall be whether a violation of Section 16.1, above, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease and Cease-and-Desist Award restraining such violation and serve copies on the Contractor and the Union involved. The Arbitrator shall have no authority to consider any matter in justification, explanation explanation, or mitigation of such violation or to award damages (any damages damages, which issue is reserved solely for court proceedings, if any.) . The Award shall be issued in writing within 3 three (3) hours after the close of the hearing, hearing and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 fifteen (15) calendar days, but its issuance shall not delay compliance with, with or enforcement of, of the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. 5. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the Arbitrator’s award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement shall not waive any party’s right to participate in a hearing for a final court order of enforcement in any contempt proceeding.
G. 6. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this ArticleSection, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. 7. The fees fees, expenses and expenses all advance deposits required by the AAA of the Arbitrator shall be borne equally divided between the involved Contractor and Local Union.
Appears in 1 contract
Sources: Project Labor Agreement
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) 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, 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 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, 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; (arbitrator) who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) act 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 agreed to by the parties 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 Project 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 to the district or area council 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 Project 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 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Project Manager. In any court proceedings to obtain a temporary or preliminary order enforcing the Arbitrator's Award as issued under this expedited procedure, the involved Union and Contractor waive their right to a hearing and agree that such proceedings may be commenced by order to show cause. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 6.1 of this Article Section 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. 1. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; the AAA arbitrator selected who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) act 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 shall be simultaneously sent to the alleged violator and Councilif a Local Union is alleged to be in violation, the Council and Rockland Green.
B. 2. The Arbitrator Arbitration shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Manager, hold Rockland Green a hearing within 48 hours of receipt of for the notice invoking the procedure if it is contended that the violation still exists. The hearing will shall not, however, be scheduled for less than 24 hours after the notice to the Council required by Section 36.3, above.
C. 3. All notices pursuant to this Article Section may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager and Local Contractor or Union involved. The hearing may be held on any day including Saturdays or Sundays. The hearing shall be completed in one (1) session, which shall not exceed 8 eight (8) hours duration (no more than 4 four (4) hours being allowed to either side to present their case, 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. 4. The sole issue at the hearing shall be whether a violation of Section 16.1, 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 the 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 damages, which issue is reserved solely for court proceedings, if any.) . The Award shall be issued in writing within 3 three (3) hours after the close of the hearing, hearing and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 fifteen (15) calendar days, but its issuance shall not delay compliance with, with or enforcement of, of the Award.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. 5. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the Arbitrator’s award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement shall not waive any party’s right to participate in a hearing for a final court order of enforcement in any contempt proceeding.
G. 6. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this ArticleSection, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. 7. The fees fees, expenses and expenses all advance deposits required by the AAA of the Arbitrator shall be borne equally divided between the involved Contractor and Local Union.
Appears in 1 contract
Sources: Project Labor Agreement
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) equity that may be brought).
A. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇and ▇▇▇▇▇ ▇▇▇▇▇▇▇; 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 Council, the Design-Builder, and the Construction ManagerAgency, 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, Design-Builder, Contractor, Construction Manager Agency, 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, 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 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, 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 Agency and Construction Manager (or such other designee of the Agency) and Design-Builder may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, Agency, and the Construction ManagerDesign-Builder.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of this Article may utilize the expedited procedure set forth below (in 10.1. In lieu of, or in addition to, any actions other action at law or equity) that , which is also available, any party may be brought.institute the following procedure when a breach or violation of Sections 7.1, 7.2, 7.3, 7.5 or 8.3 is alleged:
A. A 10.2. The party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; ▇ who the parties agree shall alternate (beginning with be the permanent Arbitrator ▇.▇under this procedure. In the event that ▇▇▇▇▇▇ ▇▇) as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list ▇▇▇▇ is not available for a hearing within 24 hours, he shall appoint his alternate to hear the matter within 24 hours matter. Notice to the Arbitrator shall be by the most expeditious means available, including telephone, with notice by e-mail, facsimile, overnight or telegram to the party alleged to be in violation.
10.3. Upon receipt of said notice, the next Arbitrator on the list named above, or his alternate, shall be called. Copies of such notification will be simultaneously sent to the alleged violator set 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 twenty-four (24) 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. 10.4. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or faxemail, confirmed by overnight delivery, to the Arbitrator, General Contractor, Construction Manager Employer, Councils 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 not more than 4 hours being allowed to either side to present their case, case and conduct their cross cross- examination) unless otherwise agreed. A failure of any Union Council, Union, Employer or General Contractor to attend the hearing shall not delay the hearing of evidence by those present or the issuance of an award by the Arbitrator. The Arbitrator shall notify the parties by telephone and facsimile of the place and time he has chosen for this hearing.
D. 10.5. The sole issue at the hearing shall be whether or not a violation of Section 1Sections 7.1, above7.2, occurred. If a violation is found to have occurred7.3, 7.5 or 8.3 (or any of them) has in fact occurred and 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 damages, which issue is reserved solely for court proceedings, if any.) . The Award shall be issued in writing within 3 three (3) hours after the close of the hearing, hearing and may be issued without an Opinion. If any involved party desires an Opinion, one shall be issued within 15 calendar daysfifteen (15) days after it is requested, but its issuance shall not delay compliance with, or enforcement ofenforcement, of the Award. If the Arbitrator finds that a violation of Sections 7.1, 7.2, 7.3, 7.5 or 8.3 (or any of them) has occurred, then the Arbitrator in his written Award shall order cessation of the violation and a return to work and other appropriate relief, and such Award shall be served on all parties by email. The Award will be final and binding on all parties to this Agreement.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An 10.6. Such Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with and all other relevant documents referred to herein above in the Awardfollowing manner. Notice Email notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and other party. In the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with proceeding to obtain a temporary order enforcing the procedure set forth in Arbitrator’s Award as issued under Section 10.5 of this Article, all parties waive the right to hearing and agree that such proceedings may be ex parte with at least 24 hours’ notice of the time and place of such proceeding. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Court’s order or which interfere with compliance thereto, are hereby waived orders enforcing the Arbitrator’s Award shall be served on all parties by the Contractors and Unions hand or by delivery to whom they accruetheir last known address or by registered mail.
H. 10.7. The fees and expenses of the Arbitrator shall be divided equally divided between the involved Contractor moving party or parties and Unionthe party or parties’ respondent unless determined otherwise by the arbitrator.
10.8. The procedures contained in this Article shall be applicable to alleged violations of Sections 7.1, 7.2, 7.3, 7.5 or 8.
Appears in 1 contract
Sources: Community Workforce Agreement
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 ▇▇, Esq., at ▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, telephone number (▇▇▇) ▇▇▇-▇▇▇▇, fax number (▇▇▇) ▇▇▇-▇▇▇▇, or e-mail ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇, who shall serve as Arbitrator under this expedited arbitration procedure. In the event that ▇.▇. ▇▇▇▇▇▇▇ is unable to serve, a party invoking this procedure shall notify ▇▇▇▇▇ ▇▇▇▇▇▇▇; , who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) serve as Arbitrator 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, if a Local Union is alleged to be in violation, it’s International, the GC, and Councilthe BTC.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the GC, the Local Union involved, the Council and the Construction ManagerBTC, 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 to the district or area council required by Section 33 above. Hearings shall be held at the jobsite or at the Newark office of the New Jersey State Board of Mediation, aboveas directed by the Arbitrator.
C. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitratorarbitrator, Contractor, Construction Manager and Local Contractor or 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇▇▇▇ or ▇and/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, if a Local Union is alleged to be in violation, its International, the Council, and Councilthe Construction Project Manager.
B. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Project 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 to the district or area Council required by Section 3, above.
C. c. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitratorarbitrator, Contractor, Construction Manager and Local Contractor or 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. 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. e. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator’s Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party’s right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. f. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. g. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇▇, Esq., at ▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, telephone number (▇▇▇) ▇▇▇-▇▇▇▇, fax number (▇▇▇) ▇▇▇-▇▇▇▇, who shall serve as Arbitrator under this expedited arbitration procedure. In the event that ▇.▇. ▇▇▇▇▇▇▇ is unable to serve, a party invoking this procedure shall notify ▇▇▇▇▇▇ ▇▇▇▇▇▇▇; ▇, who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) serve as Arbitrator 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, if a Local Union is alleged to be in violation, it’s International, the GC and/or PMF, and Councilthe BTC.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the GC and/or PMF, the Local Union involved, the Council and the Construction ManagerBTC, 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 to the district or area council required by Section 33 above. Hearings shall be held at the jobsite or at the Newark office of the New Jersey State Board of Mediation, aboveas directed by the Arbitrator.
C. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitratorarbitrator, Contractor, Construction Manager and Local Contractor or 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.. Bergen County All Projects Above $5,000,000- July 2017
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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.. Bergen County All Projects Above $5,000,000- July 2017
Appears in 1 contract
Sources: Project Labor Agreement
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) 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 Council, the Design-Builder, and the Construction ManagerAgency, 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, Design-Builder, Contractor, Construction Manager Agency 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, 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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) 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Manager.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 7.1 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 ▇., ▇. ▇▇ ▇▇▇▇▇▇▇▇ (individuals recognized by both Local Unions and by the NYSDOT as experienced and impartial arbitrators) who shall alternate as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 48 hours of notice, the next Arbitrator on the list shall be called. Copies of such notification will shall be simultaneously sent to the alleged violator and, if a Local Union is alleged to be in violation, the Greater Capital Region Council, and Councilthe Contractor.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council Council, the Contractor, and the Construction ManagerNYSDOT, hold a hearing within 48 hours of receipt (excluding Sundays and holidays) of the notice invoking the procedure if it is contended that the violation still exists. The hearing will shall not, however, be scheduled for less than 24 hours (excluding Sundays and holidays) after the notice required by Section 37.3, 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 Contractor 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 17.1, above, occurred. If a violation is found to have occurred, the Arbitrator shall issue a Cease 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or and Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of party to this Article may utilize Agreement shall institute the expedited procedure set forth below (in lieu offollowing procedure, or in addition to, prior to initiating any actions other action at law or equity, when a breach of this Article is alleged to have occurred:
(1) that may be brought.
A. A party invoking this procedure shall notify ▇.▇. ▇▇▇▇ ▇▇▇▇▇▇▇ or , as the pe1manent arbitrator, or, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who shall , as the alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) as Arbitrator under this expedited arbitration procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate will be contacted. If the Arbitrator next on neither is available, then a selection shall be made from the list of arbitrators in Alticle XII. Notice to the arbitrator shall be 3238-017.ii 7 by the most expeditious means available, with notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the City, to the Council and to the involved Local Union if a Union is not available alleged to hear the matter within 24 hours be in violation.
(2) Upon receipt of said notice, the next Arbitrator on City will contact the list shall be called. Copies of such notification designated arbitrator named above or his alternate who will be simultaneously sent attempt 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 convene a hearing within 48 twenty-four (24) 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 (3) The arbitrator shall notify the parties by telephone, telegraph, hand delivery, facsimile or fax, confirmed by overnight delivery, to telephone of the Arbitrator, Contractor, Construction Manager place and Local Union involvedtime for the hearing. The hearing may be held on any day including Saturdays or Sundays. The Said hearing shall be completed in one session, which which, with appropriate recesses at the arbitrator's discretion, shall not exceed 8 twenty-four (24) hours duration (no more than 4 hours being allowed to either side to present their case, and conduct their cross examination) unless otherwise agreedagreed upon by all parties. A failure of any Union or Contractor party to attend the hearing said hearings shall not delay the hearing of evidence by those present or the issuance of an any award by the Arbitrator.arbitrator. SAMPLE
D. (4) The sole issue at the hearing shall be whether or not a violation of Article IV, Section 1, above, 4.1 of the Agreement has 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 arbitrator shall have no authority to consider any matter in of justification, explanation or mitigation of such violation or to award damages (any damages damages, which issue is reserved solely for court proceedings, if any.) . The Award award shall be issued in writing within 3 three (3) hours after the close of the hearing, and may be issued without an Opiniona written opinion. If any involved party desires an Opiniona written opinion, one shall be issued within 15 calendar fifteen (15) days, but its issuance shall not delay compliance with, with or enforcement of, of the Awardaward. The arbitrator may order cessation of the violation of this Article and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance.
E. The Agency and Construction Manager (or such other designee of the Agency5) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure Such award may be enforced by any court Court of competent jurisdiction upon the filing of this Agreement together with and all other relevant documents referred to above in the Awardfollowing manner. Notice Written notice of the filing of such enforcement proceedings shall be given to the Union other party. In the proceeding to obtain a temporary order enforcing the arbitrator's award as issued under Section 4.2 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex-parte. Such agreement does not waive any party's right to participate in a hearing for a final order or Contractor involved, and enforcement. The Court's order or orders enforcing the Construction Managerarbitrator's award shall be served on all parties by hand or delivered by certified mail.
G. (6) Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Articleabove procedure, or which interfere with compliance theretocompliance, are hereby waived by the Contractors and Unions to whom they accrueparties.
H. (7) The fees and expenses of the Arbitrator arbitrator shall be divided equally divided between the involved Contractor party instituting the arbitration proceedings provided in this Article and Union.the party alleged to be in breach ofits obligation under this Article. 3238-017ii 8 PRE ARTICLEV
Appears in 1 contract
Sources: Standard Agreement
Expedited Arbitration. Any The Prime Contractor, and 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 Ifthe 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 ManagerPrime Contractor, 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 A1ticle may be provided by telephone, telegraphemail, hand delivery, or fax, confirmed by overnight delivery, to the Arbitrator, Contractor, Construction Manager Prime Contractor 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 coutt 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 Agency and Construction Manager Prime Contractor (or such other designee of the AgencyPrime Contractor) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction ManagerPrime Contractor.
G. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth fo1th in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
Expedited Arbitration. Any Contractor or Union alleging a violation of Section 1 of party to this Article may utilize Agreement shall institute the expedited procedure set forth below (following procedure, in lieu of, of or in addition to, prior to any actions other action at law or equity) that may be brought., when a breach of this Article 4 is alleged to have occurred:
A. 4.4.1 A party invoking this procedure shall notify ▇.▇. ▇▇▇▇ ▇▇▇▇▇▇ or whom the parties agree shall be the permanent arbitrator under this procedure. In the event that the permanent arbitrator is unavailable at any time, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇; who ▇ shall be the alternate (beginning arbitrator. Notice to the arbitrator shall be by the most expeditious means available, with Arbitrator ▇notices by facsimile, electronic mail or telephone to the party alleged to be in violation, to the District, to the Council and to the involved local Union if a Union is alleged to be in violation.▇. ▇▇▇▇▇▇▇) as Arbitrator under this expedited arbitration procedure. If the Arbitrator next on the list is not available to hear the matter within 24 hours
4.4.2 Upon receipt of said notice, the next Arbitrator on the list arbitrator named above or his alternate 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 convene a hearing within 48 twenty-four (24) 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 4.4.3 The arbitrator shall notify the parties by telephonefacsimile, telegraph, hand delivery, electronic mail or fax, confirmed by overnight delivery, to telephone of the Arbitrator, Contractor, Construction Manager place and Local Union involved. The hearing may be held on any day including Saturdays or Sundaystime for the hearing. The hearing shall be completed in one (1) session, which shall not exceed 8 hours duration (no more than 4 hours being allowed to either side to present their casewhich, and conduct their cross examination) unless otherwise agreed. A failure of any Union or Contractor to attend with appropriate recesses at the hearing arbitrator’s discretion, shall not delay the hearing of evidence by those present or the issuance of an any award by the Arbitratorarbitrator.
D. 4.4.4 The sole issue at the hearing shall be whether or not a violation of Article 4, Section 1, above, 4.1 of this Agreement has 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 arbitrator shall have no authority to consider any matter in of justification, explanation or mitigation of such violation or to award damages (any damages damages, which issue is reserved solely for court proceedings, if any.) . The Award award shall be issued in writing within 3 three (3) hours after the close of the hearing, and may be issued without an Opiniona written opinion. If any involved party desires an Opiniona written opinion, one shall be issued within 15 fifteen (15) calendar days, but its issuance shall not delay compliance with, with or enforcement of, of the Awardaward. The arbitrator may order cessation of the violation of this Article 4 and other appropriate relief and such award shall be served on all parties by hand or registered mail upon issuance.
E. The Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An Award issued under this procedure 4.4.5 Such award may be enforced by any court Court of competent jurisdiction upon the filing of this Agreement together with and all other relevant documents referred to above in the Awardfollowing manner. Notice Written notice of the filing of such enforcement proceedings shall be given to the Union other party. In the proceeding to obtain a temporary order enforcing the arbitrator’s award as issued under Section 4.4.4 of this Article 4, all parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any party’s right to participate in a hearing for a final order or Contractor involved, and enforcement. The Court’s order or orders enforcing the Construction Managerarbitrator’s award shall be served on all parties by hand or delivered by certified mail.
G. 4.4.6 Any rights created by statute or law governing arbitration proceedings which are inconsistent with the above procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrueparties.
H. 4.4.7 The fees and expenses of the Arbitrator arbitrator shall be divided equally divided between the involved Contractor party instituting the arbitration proceedings provided for in this Article 4 and Unionthe party alleged to have violated this Article 4.
Appears in 1 contract
Sources: Project Stabilization Agreement
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. 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. b. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the Local Union involved, the Council and the Construction Project 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 to the district or area council required by Section 3, above.
C. 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 Project 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. 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. e. An Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved, and the Construction Project Manager. In any court proceeding to obtain a temporary or preliminary order enforcing the Arbitrator's Award as issued under this expedited procedure, the involved Union and Contractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. f. Any rights created by statute or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. g. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement
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 ▇▇, Esq., at ▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, telephone number (▇▇▇) ▇▇▇-▇▇▇▇, fax number (▇▇▇) ▇▇▇-▇▇▇▇, who shall serve as Arbitrator under this expedited arbitration procedure. In the event that ▇.▇. ▇▇▇▇▇▇▇ is unable to serve, a party invoking this procedure shall notify ▇▇▇▇▇▇ ▇▇▇▇▇▇▇; ▇, who shall alternate (beginning with Arbitrator ▇.▇. ▇▇▇▇▇▇▇) serve as Arbitrator 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, if a Local Union is alleged to be in violation, it’s International, the GC and/or PMF, and Councilthe BTC.
B. The Arbitrator shall thereupon, after notice as to time and place to the Contractor, the GC and/or PMF, the Local Union involved, the Council and the Construction ManagerBTC, 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 to the district or area council required by Section 33 above. Hearings shall be held at the jobsite or at the Newark office of the New Jersey State Board of Mediation, aboveas directed by the Arbitrator.
C. All notices pursuant to this Article may be provided by telephone, telegraph, hand delivery, or fax, confirmed by overnight delivery, to the Arbitratorarbitrator, Contractor, Construction Manager and Local Contractor or 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 damages, which 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 Agency and Construction Manager (or such other designee of the Agency) may participate in full in all proceedings under this Article.
F. An ▇. ▇▇ Award issued under this procedure may be enforced by any court of competent jurisdiction upon the filing of this the Agreement together with the Award. Notice of the filing of such enforcement proceedings shall be given to the Union or Contractor involved. In any court proceeding to obtain a temporary or preliminary order enforcing the arbitrator's Award as issued under this expedited procedure, the involved Union and the Construction ManagerContractor waive their right to a hearing and agree that such proceedings may be ex parte, provided notice is given to opposing counsel. Such agreement does not waive any party's right to participate in a hearing for a final court order of enforcement or in any contempt proceeding.
G. F. Any rights created by statute statue or law governing arbitration proceedings which are inconsistent with the procedure set forth in this Article, or which interfere with compliance thereto, are hereby waived by the Contractors and Unions to whom they accrue.
H. G. The fees and expenses of the Arbitrator shall be equally divided between the involved Contractor and Union.
Appears in 1 contract
Sources: Project Labor Agreement