FORMAL ARBITRATION PROCESS Clause Samples

FORMAL ARBITRATION PROCESS. ‌ a. The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the City. The two (2) so appointed shall mutually select a qualified arbitrator. The Union and the City appointments shall be made and each party shall notify the other of their respective appointment within ten (10) calendar days from the date the matter was
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FORMAL ARBITRATION PROCESS. Should either party wish to refer a grievance to formal arbitration, written request for formal arbitration shall be made within seven (7) days of receipt of the last written answer. A responding party may also elect to use the formal arbitration process so long as it does so within seven (7) days of receipt of notice of referral. At the time of election that party shall provide the other with a list of three suitable arbitrators to hear the matter. The other party shall then submit its own list of suitable arbitrators. If the parties cannot agree on an arbitrator within a further fourteen (14) days, either party may request the Minister of Labour to appoint an arbitrator and this appointment shall be binding on both parties. 23.17 Article 23.11, 23.13 and 23.15 apply to the formal arbitration process.
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FORMAL ARBITRATION PROCESS. (a) The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the District. Such appointments shall be made, and each party shall notify the other of their respective appointment, within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) from the date the matter was submitted for arbitration. The two (2) so appointed shall endeavor to select the third member. In the event the persons appointed cannot agree on the third member within ten (10) calendar days (excluding Saturday, Sunday and Observed Holidays) of the last appointment, one shall be selected by the alternate striking of names, with the representative of the party winning the coin toss striking first, from the following list of names: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ (b) The issue to be submitted to the Formal Arbitration Board shall be limited to the grievance as submitted in writing and in response to the District thereto, and, unless otherwise agreed in writing, the jurisdiction of the Board shall be limited to the determination of said issue. The Formal Arbitration Board shall have no authority to modify, vary, alter, amend, add to or take away from, in whole or in part, any of the terms or provisions of this Agreement. (c) The Formal Arbitration Board shall meet in the County of San Mateo within ten (10) calendar days after the selection of the third member, or as soon thereafter as possible. (d) The Formal Arbitration Board shall, or either party, may call any employee as a witness, and such employee, if on duty, shall be released from duty for the purpose of such appearance. (e) The rulings of the Formal Arbitration Board with respect to the procedure and all objections to the exclusion or inclusion of evidence shall be binding on the parties. (f) Each party shall bear the expenses and fees of the member appointed by it and its own expenses involved in the matter. All other expenses incurred by the Formal Arbitration Board, including the making of a record, if the Formal Arbitration Board deems necessary, shall be borne equally by the parties. The reimbursement of wages for employees called as witnesses, where a loss of wages has been incurred by said employee, shall be paid by the party calling such witness. (g) The Formal Arbitration Board’s decision, and opinion, if any, shall be in writing and shall be submitted within ten (10) calendar days from t...
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FORMAL ARBITRATION PROCESS. ‌ a. The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the City. The two (2) so appointed shall mutually select a qualified arbitrator. The Union and the City appointments shall be made and each party shall notify the other of their respective appointment within ten (10) calendar days from the date the matter was appealed. If the Union and City appointments fail to select an arbitrator within ten (10) calendar days after the notices of their appointment are given, the parties shall prepare a joint request to the State Mediation and Conciliation Service for a list of five
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FORMAL ARBITRATION PROCESS. (a) The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the District. Such appointments shall be made, and each party shall notify the other of their respective appointment, within ten
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FORMAL ARBITRATION PROCESS. ‌ (a) The Formal Arbitration Board shall consist of three (3) persons, one appointed by the Union and one appointed by the District. Such appointments shall be made, and each party shall notify the other of their respective appointment, within ten (10) calendar days from the date the matter was submitted for arbitration. The two (2) so appointed shall endeavor to select the third member. In the event the persons appointed cannot agree on the third member within ten (10) calendar days of the last appointment, one shall be selected by the alternate striking of names, with the representative of the party requesting arbitration striking first, from the following list of names: (b) The issue to be submitted to the Formal Arbitration Board shall be limited to the grievance as submitted in writing and in response to the District thereto, and, unless otherwise agreed in writing, the jurisdiction of the Board shall be limited to the determination of said issue. The Formal Arbitration Board shall have no authority to modify, vary, alter, amend, add to or take away from, in whole or in part, any of the terms or provisions of this Agreement.
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FORMAL ARBITRATION PROCESS. A Board of Arbitration shall consist of one (1) person to be mutually appointed by the Employer and the Union unless either party indicates that they wish a three-person Board of Arbitration, which shall then consist of one (1) person appointed by each party and a chairperson to be mutually agreed by the two (2) appointees. Each party shall bear the expenses of the arbitrator appointed by such party and shall pay half the expenses of the chairperson. The decision of the Board shall be final and binding on both parties. Where the parties are unable to agree on an arbitrator or a chairperson within fourteen (14) calendar days of the referral, either party may apply to the Director, Collective Agreement Arbitration Bureau within the following ninety (90) calendar days to make the appointment. If there is no agreement on an arbitrator or chairperson and no referral to the Director, Collective Agreement Arbitration Bureau within the ninety (90) day time frame, the grievance shall be considered to be abandoned.
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FORMAL ARBITRATION PROCESS. This process shall include all grievances going to arbitration concerning alleged violations of any government legislation such as the Trade Union Act, Occupational Health and Safety Act, Human Rights Act, as examples. Also, any claims of union or company liabilities by one party against the other party in excess of or in cases of dismissal. However, if mutually agreed, a grievance that would normally be heard under the formal process may be taken under the regular process. When a grievance is to be heard under the formal process, arbitrators will be chosen from the following list on a rotational basis from the top down. An arbitrator who is unable to commence hearing a matter within ninety (90) days of being chosen shall constitute them as unavailable and the next arbitrator in rotation shall be chosen from the list. The list of arbitrators is as follows:
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Related to FORMAL ARBITRATION PROCESS

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator. (a) The Employer and Union will develop a stipulation of facts and use affidavits and other time-saving methods whenever possible and when mutually agreed upon. (b) Case presentation will be limited to preliminary opening statements, brief recitation of facts, witness presentation and closing oral argument. No post hearing briefs shall be filed or transcripts made. The hearing will be completed within one (1) business day unless otherwise agreed upon by the Parties. (c) The hearing shall be conducted by the arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the Parties. (d) The arbitrator may issue, at their discretion, a bench decision at the conclusion of the hearing or may issue a written award no later than seven (7) calendar days from the close of the hearing excluding weekends and holidays. (e) All decisions shall be final and binding on the Employer and Union. An arbitration award will be non-precedential if mutually agreed upon by the Parties before the hearing starts. The arbitrator’s award shall be based on the record and shall include a brief explanation of the basis for the award.

  • Arbitration Process Any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association, as modified herein, to the extent such modifications are not prohibited by the Arbitration Rules. The arbitration will be conducted in Indianapolis, Indiana. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The parties to the arbitration will not request, and the arbitrator will not order, that any discovery be taken or provided, including depositions, interrogatories or document requests, except to the extent the amount in controversy exceeds $50,000. The arbitration will be concluded within three months of the date the arbitrator is appointed. The arbitrator’s findings, reasoning, decision, and award will be stated in writing and based upon applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction or contains a monetary award in excess of $100,000, the award will be reviewable on appeal initiated by filing notice of appeal with the AAA office within 30 days of the award, governed by the AAA Optional Appellate Arbitration Rules and conducted by a panel of three new arbitrators, ruling by majority, under the procedure for appointment from the national roster of arbitrators. Unless the applicable Arbitration Rules require otherwise, arbitration fees and costs will be shared equally by the claimant(s) and respondent(s), respectively, in any arbitration proceeding. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties will agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. Because this Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at ▇▇▇.▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.