Common use of Expedited Process Clause in Contracts

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 4 contracts

Sources: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause Article 24.3 (a) (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause Article 24.3 (a) (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 Article 24.3(a) (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Expedited Process. In the case of a dispute as to whether the Licensee is entitled to release of Deposited Materials from escrow as a result of Licensor's material failure to maintain or support the Licensed Software, as described in Section 14(b)(iv), the procedures set forth in Exhibit E will be modified as follows: (ai) Where in the event Licensee believes Licensor has materially failed to maintain or support the Licensed Software, as described in Section 14(b)(iv), then Licensee may initiate the negotiation procedures set forth in Section 1 of Exhibit E at any time after Licensee has given Licensor the notice described in Section 14(b)(iv); (ii) in the event such negotiation procedures are unsuccessful in resolving such dispute, either party may initiate accelerated arbitration proceedings by notifying the other party at any time following the end of the 15-day or 60-day period, as applicable, described in Section 14(b)(iv); (iii) immediately upon the giving of such notice, the parties will exercise their best efforts to select a mutually acceptable, technically competent arbitrator through the Information Technology Association of America, and such selection shall occur within seven (7) days of the giving of such notice; (iv) as soon as the parties select an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) arbitrator, the parties and the employee disagrees with arbitrator shall immediately determine a mutually acceptable date(s) for such arbitration to occur, which shall be not less than fourteen (14) nor more than thirty (30) days after the Employer's decisiondate the arbitrator is selected, and in determining such date, the employee may grieve parties agree to make the appropriate resources available for arbitration on a "highest priority" basis; (v) at such arbitration each party will have a maximum of two hours to present its case, for a total of not more than four hours, and the arbitrator will have an additional four hours within which to question the parties and allow the parties to rebut each other's arguments; (vi) the arbitrator will be instructed to exercise his or her best efforts to present his decision under the process set out below within seven fourteen (14) days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for last date on which arbitration occurs. In connection therewith, the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process arbitrator will present the reason for his determination in summary fashion (i.e., in five pages or less) and will not be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the partiesrequired to produce a detailed legal or technical opinion. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 2 contracts

Sources: Software License Agreement (Orbitz Inc), Software License Agreement (Orbitz Inc)

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) . The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each ach case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) . Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 2 contracts

Sources: Collective Agreement, General Services Collective Agreement

Expedited Process. (a) Where an Employer employer has made a selection pursuant to Clause 24.3 Article 24.3(a) (Appointment Policy) and the employee disagrees with the Employer's ’s decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings;. (6) All presentations are to be short and concise;. (7) Each case will begin with a comprehensive opening statement by each side;. (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) . Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 Article 24.3(a) (Appointment Policy) and the employee disagrees with the Employer's ’s decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each ach case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) . Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each ach case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) . Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause Article 24.3 (a) (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings;; (5) All presentations are to be short and concise;; (6) Each case will begin with a comprehensive opening statement by each side;; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance;grievance;; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer employer has made a selection pursuant to Clause 24.3 Article 24.3(a) (Appointment Policy) and the employee disagrees with the Employer's ’s decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an one of three expedited arbitrator listed in Appendix B (List of Arbitrators)arbitrators: ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each ach case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis:. (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement

Expedited Process. (a) Where an Employer has made a selection pursuant to Clause 24.3 (Appointment Policy) and the employee disagrees with the Employer's decision, the employee may grieve the decision under the process set out below within seven days of being notified of the results. (b) The dispute resolution process (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. The parties will continue to discuss a resolution to the grievance prior to the hearing date. (2) The parties agree that the expedited process will be heard by an expedited arbitrator listed in Appendix B (- List of Arbitrators), depending on availability and if availability is similar, upon agreement of the parties. (3) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (4) The parties will disclose all information they intend to rely upon in relation to the selection dispute. If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (5) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (6) All presentations are to be short and concise; (7) Each case will begin with a comprehensive opening statement by each side; (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses.

Appears in 1 contract

Sources: Collective Agreement