Common use of Expedited Procedure Clause in Contracts

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. Step 1. The Association shall submit a grievance in writing Notwithstanding the provisions of this Article and the Crown Employees Collective Bargaining Act regarding the arbitration procedure, the parties agree to the Assistant Superintendent following process for expediting the hearing and decisions of Human Resources certain grievances referred to arbitration. It is also agreed that the full arbitration procedure and rights outlined in will amended as necessary in order to accommodate this Article. Any outstanding grievance may be referred by mutual consent to an expedited hearing. Once the Grievance Settlement Board has been apprised of the parties’ wish to expedite a hearing the Board will schedule a hearing before a single (Vice Chair) within thirty days from the receipt of such a request. Once a hearing date has been set the Board make available to the parties a settlement officer who shall meet with the parties if requested and endeavour to effect a settlement. If the matter is not settled or if an officer has not met with the parties at least fourteen days prior to the hearing the parties will joint statement at least seven days prior to the hearing date. If the parties cannot agree on a joint statement of facts the party with the onus of proof will submit to the arbitrator it’s statement of facts and issues in dispute no later than seven days prior to the end of hearing with a copy to the fifth day after opposing party at the Association knew or should have known same time. opposing party shall prepare a response outlining its opinion of the facts underlying and in dispute. This response must be sent to the grievance. The Assistant Superintendent shall meet with an Association representative within arbitrator no later than three (3) days of filing of the grievance to discuss the grievance. A written decision shall be given prior to the Association within two (2) days after such meeting. Step 2hearing with a copy to the other party. parties will have the opportunity to present further evidence and to make any .necessary representations. 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 arriving at a 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 limited to the Boardconsideration of issues outlined in the statement of facts referred to in sub-section above. It is The arbitrator shall not expected that use of a court reporter will be expected in any way amend, modify, extend or routine. d. The status quo must be maintained pending the decision change any provision of the arbitrator. e. The Collective Agreement. is agreed that the parties shall have the services of an arbitrator may for the full day and if more than one case is to be heard the process set out in and applies to each and every case. In case the arbitrator shall issue a verbal decision after conclusion of the hearing, followed by a brief written decision within 30 no later than twenty days of from the conclusion date of the hearing. Decisions reached through this Expedited Arbitration process shall have no value, with the exception of cases dealing with discipline and dismissal. The arbitrator’s decision shall be final parties fully endorse this arrangement and binding on through the partiessigning of this agreement request the Chair of the Grievance Settlement Board to modify the present system to accommodate the procedures outlined in this section.