Expedited Procedure Clause Samples

Expedited Procedure. In the event the Union requests an expedited resolution of any dispute arising under this Section, it shall be submitted to the Expedited Procedure in accordance with the following: a. Within three (3) days (excluding Saturdays, Sundays and holidays) after the Union determines that the Bargaining Unit Work Committee cannot resolve the dispute, the Union may advise the Company in writing that it is invoking this Expedited Procedure. b. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sunday and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays and holidays) thereafter. c. The arbitrator shall render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. d. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union if such work, as actually performed, varied in any substantial respect from the description presented in arbitration. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance.

Expedited Procedure. By mutual agreement, the parties may agree to have the arbitration conducted on an expedited basis. Thereafter, the arbitrator shall be empowered to expedite the proceedings by all reasonable means consistent with a fair hearing of the dispute. Such means may include the imposition of accelerated discovery and hearing schedules, requiring submissions within abbreviated time periods and imposing limits on numbers of witnesses and the length of hearings.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, except Paragraph J (Shelf Item Procedure), it shall be submitted to the expedited procedure in accordance with the following: 1. In all cases except those involving day-to-day clerical, technical, maintenance and repair work and service, the expedited procedure shall be implemented prior to letting a binding contract. 2. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or Company members of the committee determine that the committee cannot resolve the dispute, either party (Chairperson of the Grievance Committee in the case of the Local Union and the Division Manager of Labor Relations in the case of the Company) may advise the other in writing that it is invoking this expedited procedure. 3. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sundays and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays, and holidays) thereafter. An arbitrator (regular arbitrator if available) shall hear the dispute and, if the arbitrator is not available to hear the dispute within five (5) days, another arbitrator shall be selected by mutual agreement of the Step 3 Representative of the Union and the Step 3 Representative of the Company. 4. The arbitrator must render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. Such decision shall not be cited as a precedent by either party in any future contracting out disputes. 5. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union in accordance with this paragraph if such work, as actually performed, varied in any substantial respect from the description presented in arbitration except where the difference involved a good faith variance as to the magnitude of the project. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance and shall contain a summary of the ways in which the work as actually performed differed from the description presented in arbitration. As soon as practicable after receipt of a request to reopen, an arbitration hearing date shall be scheduled. In a case reopen...

Expedited Procedure. Any grievance under Section 1,“ Disciplinary Action,” of this article will be submitted at Step III. By mutual agreement, a grievance under Section 1 of this article may be expedited directly to arbitration.

Expedited Procedure. In the event that either the Union or the Company members of the committee request an expedited resolution of any dispute arising under this Section, it shall be submitted to the expedited procedure in accordance with the following:

Expedited Procedure. By mutual agreement any of Steps one (1) through three (3) shall be omitted to expedite the grievance procedure. The grievance shall then be initiated at the next step.

Expedited Procedure. In the event the Union or the Company requests an expedited resolution of any dispute arising under this Section, it shall be submitted to the Expedited Procedure in accordance with the following: a. Within three (3) days (excluding Saturdays, Sundays and holidays) after either the Union or the Company determines that the Contracting Out Committee cannot resolve the dispute, the moving Party must advise the other in writing that it is invoking this Expedited Procedure. b. An expedited arbitration must be scheduled within three (3) days (excluding Saturdays, Sunday and holidays) of such notice and heard at a hearing commencing within five (5) days (excluding Saturdays, Sundays and holidays) thereafter. c. The Board shall render a decision within forty-eight (48) hours (excluding Saturdays, Sundays and holidays) of the conclusion of the hearing. d. Notwithstanding any other provision of this Agreement, any case heard in the Expedited Procedure before the work in dispute was performed may be reopened by the Union if such work, as actually performed, varied in any substantial respect from the description presented in arbitration. The request to reopen the case must be submitted within seven (7) days of the date on which the Union knew or should have known of the variance.

Expedited Procedure. Step 1. The Association shall submit a grievance in writing to the Assistant Superintendent of Human Resources no later than the end of the fifth day after the Association knew or should have known of the facts underlying the grievance. The Assistant Superintendent shall meet with an Association representative within three (3) days of filing of the grievance to discuss the grievance. A written decision shall be given to the Association within two (2) days after such meeting. Step 2. In the event the Association is dissatisfied with the Assistant Superintendent’s decision, the Association shall within two (2) days of receipt of the response, submit the grievance in writing to the Superintendent. The Superintendent or designee shall meet with an Association representative within five (5) days of filing of the grievance to discuss the grievance. A written decision shall be given to the Association within two (2) days after such meeting. a. In the event the Association is dissatisfied with the Superintendent’s disposition of the matter, the Association may, within two (2) days of receipt of the Superintendent’s response, refer the grievance to arbitration before an arbitrator established from a panel of permanent arbitrators selected in accordance with the following procedure: Three mutually agreed upon arbitrators shall be contacted by telephone by one or both parties to obtain an available hearing date falling within 30 days of the date of receipt of the Superintendent’s decision. The parties agree they will accept last-minute notification from the arbitrator of an available date {i.e., arbitrator advises he/she just had a date become available within 2 days’ notice (last-minute cancellation by other clients of arbitrator)}. b. The arbitration hearing shall be governed by AAA’s Expedited Procedure for Labor Arbitrations. c. Fees for the arbitrator and any court reporter required by the arbitrator shall be paid by the Board. It is not expected that use of a court reporter will be expected or routine. d. The status quo must be maintained pending the decision of the arbitrator. e. The arbitrator may issue a verbal decision after conclusion of the hearing, followed by a written decision within 30 days of the conclusion of the hearing. The arbitrator’s decision shall be final and binding on the parties.

Expedited Procedure. (a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure as outlined in this Collective Agreement: (i) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. (ii) The outcome will be binding on both parties. (iii) The cost will be borne equally by the parties. (iv) The procedure cannot be used should an application for a Settlement Officer, under Article 87 of the Labour Relations Code, have been made by either party. (v) No legal counsel will be used by either party. The Union will use elected officers or Union representatives. (vi) The number of cases to be heard at any given time will not exceed three (3). (vii) The parties or their representatives will try to get an agreed statement of facts for presentation to the arbitrator. (viii) Wherever possible, the arbitrator will attempt to mediate a settlement between the parties. (ix) In such case that the arbitrator must write a decision, such decision shall be brief and to the point. (x) An agreed schedule for the process will be arranged in advance based on a mutual assessment of the length of time needed to present each case. (xi) General rules of evidence will be waived except for the rule of “onus”. (xii) Procedure Guidelines 1) The Opening Statement: This should basically set out the case from each party’s perspective. The Arbitrator will aggressively seek, at this point, to define the issue and to determine what evidence is agreed to and what is not.