GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Parties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION. If Section 14.1. In the University event that a grievance remains unresolved after the completion of Step 3, the grievance may be referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union requests that shall have the right to compel the arbitration of a grievancegrievance without the consent of the other. Service may be made by email dated before 4:30pm CST.
Section 14.2. If a grievance is not presented within any of the time limits specified in this Article, as above provided, it shall be submitted considered waived and the Employer's last answer shall be final and binding.
Section 14.3. After either party has so notified the other of its referral of a grievance to arbitration, it shall make such request in writing and addressed the parties will attempt to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement meet within ten (10) working days to select an arbitrator, or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the to request of either Partythe Iowa Public Employment Relations Board that it furnish a list of five (5) arbitrators from which the parties shall select one (1) arbitrator. The single Arbitrator Employer and the Union shall meet within five (5) working days from receipt of said list and alternately strike four (4) names from the submitted list, and the person whose name is left shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such caseProvided, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitratehowever, that the matter will be heard by Union and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a tri-partite Board new list of Arbitrationfive (5) arbitrators. The Party wishing to submit Union shall make the issue to a tri-partite board will at first strike on the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Boardlist.
Section 14.4. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the Arbitration Boardarbitration hearing shall be made unless requested by a party. The arbitration award cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the non-requesting party should either or both of them desire the same. The arbitrator's decision will be final and binding on the Parties to this Agreement and any employees involvedparties.
Section 14.5. Time limits provided in this Article 16 may be varied or extended by specific Within thirty (30) days of hearing, the arbitrator shall issue a written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations report to the Partiesparties detailing his/her recommendations and award.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If Section 16.1. In the University event that a grievance remains unresolved after the completion of Step 3, the grievance may be referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union requests that shall have the right to compel the arbitration of a grievancegrievance without the consent of the other. Service may be made by regular U.S. mail based upon the date of the postmark.
Section 16.2. If a grievance is not presented within any of the time limits specified in this Article, as above provided, it shall be submitted considered waived and the Employer's last answer shall be final and binding.
Section 16.3. After either party has so notified the other of its referral of a grievance to arbitration, it shall make such request in writing and addressed the parties will attempt to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement meet within ten (10) working days to select an arbitrator, or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the to request of either Partythe Iowa Public Employment Relations Board that it furnish a list of five (5) arbitrators from which the parties shall select one (1) arbitrator. The single Arbitrator Employer and the Union shall meet within five (5) working days from receipt of said list and alternately strike four (4) names from the submitted list, and the person whose name is left shall be bound by all clauses in this Article in the same manner as arbitrator. Provided, however, that the Arbitration BoardUnion and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a new list of five (5) arbitrators. Notwithstanding any of The party making the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter first strike shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitrationcoin flip.
Section 16.4. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the Arbitration Boardarbitration hearing shall be made unless requested by a party. The arbitration award cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the non-requesting party should either or both of them desire the same. The arbitrator's decision will be final and binding on the Parties to this Agreement and any employees involvedparties.
Section 16.5. Time limits provided in this Article 16 may be varied or extended by specific Within thirty (30) days of hearing, the arbitrator shall issue a written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations report to the Partiesparties detailing his/her recommendations and award.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University grievance is not settled in Step 3 and the Council wishes to appeal the grievance procedure from Step 3, the Council may refer the grievance to binding arbitration, as described below, within thirty (30) calendar days of receipt of the Village's written answer as provided to the Council at Step 3:
(a) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the Federal Mediation & Conciliation Service ("FMCS") for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. The parties agree to request the FMCS to limit the panel to members of the National Academy of Arbitrators. Both the Village and FOP shall each have the right to reject one panel in its entirety within seven (7) calendar days of its receipt and request that a new panel be submitted. The parties agree to engage in a ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator, provided that each party may strike or cross out not more than two (2) of the arbitrators on the panel before ranking the remaining arbitrators on the panel. Within thirty (30) calendar days from the date the panel list is received from the FMCS the parties shall simultaneously exchange their panel lists with the arbitrators ranked numerically in the order of preference (1 for first choice, 2 for the second choice, etc.). The arbitrator whose name is on both lists and who has the lowest combined number shall be invited to serve as the arbitrator. If two or more arbitrators have the same combined number, the parties shall alternatively strike until only one name remains, with the determination of who strikes first decided by a coin toss. In the event that the arbitrator declines or is unable to serve, the parties shall invite the next arbitrator in designated order of mutual preference to so serve. In the event that he declines or is unable to serve, the parties agree to jointly request a new panel of seven (7) arbitrators from the FMCS and commence the selection process anew.
(b) The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of Council and Village representatives.
(c) The Village and the Council shall have the right to request the arbitrator to require the presence of witnesses or documents. The Village and the Council retain the right to employ legal counsel.
(d) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the Union requests that a grievancesubmission of briefs by the parties, as above provided, whichever is later.
(e) More than one grievance may be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not arbitrator where both parties mutually agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. writing.
(f) The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator and the cost of the Arbitration Board. The arbitration award a written transcript, if any, shall be binding on divided equally between the Parties to this Agreement Village and any employees involved. Time limits provided in this Article 16 may the Council; provided, however, that each party shall be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesresponsible for compensating its own representatives and witnesses.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If When resolution is not achieved at Step 2, grievances will automatically advance to Step 3A (regular arbitration) or Step 3B (expedited arbitration) unless withdrawn by The Society. Absent the University or consensus of the Union requests that JGRC, grievances shall proceed to Step 3A. Termination, discipline, harassment and discrimination grievances shall only proceed to Step 3A. All grievances relating to article 64 shall proceed to Step 3B.
a) The parties will agree, on an annual basis, to arbitrators for both the regular (Step 3A) and expedited (Step 3B) arbitration procedures, and may on joint agreement engage other arbitrators on a grievancecase by case basis. A back up arbitrator will be agreed on for the Step 3B process. The parties will agree on a special arbitrator to hear all grievances related to benefits.
b) For expedited Arbitration, as above provided, be submitted to arbitration, it shall make such request in writing and addressed the parties will exchange Briefs one week prior to the other Party Hearing, with a copy to this Agreement giving the name Arbitrator, outlining their respective positions and address proposed resolution. Normally no witnesses will be called unless the Arbitrator so directs. The parties may submit a joint statement of a proposed sole facts. The arbitrator. Within ten (10) ’s award shall be delivered within 10 working days after receiving such notice, following the other hearing. Each Party shall respond by agreeing assume its own costs of the arbitration proceedings and shall share equally the cost of the arbitrator.
c) An arbitrator shall consider any difference which arises between the parties relating to the arbitrator interpretation, application or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions administration of this Agreement, or including any question as to substitute any new provisions in lieu thereofwhether a matter is arbitrable, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to where an allegation is made that this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration violated. An arbitrator shall also consider any matter of interpretation, application, and administration of policy and practice as may be referred to him/her by employee grievance.
d) The arbitrator shall have the power to settle or decide such matters as are referred to him/her in a Dispute Resolution Mediatorfair and equitable manner, and the arbitrator’s decision shall be final and binding. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator An arbitrator shall not order a resolution have the power to amend or terminate this Agreement, policies, or procedures save only any policies and procedures which may conflict with the terms of the grievance but may make recommendations to the Parties.this Agreement
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board9.01. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by any grievances arise under the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the terms and provisions of this Agreement, the Hosts affected may either directly or through the shop ▇▇▇▇▇▇▇ or representative of the Union, take the matter up with the
9.02. If the department manager and the Host are unable to substitute reach an agreement, the matter shall be referred to the representative of the Union who shall meet with a representative of the Hotel and endeavor to reach a satisfactory resolution.
9.03. If the representative of the Union is unable to reach a settlement with the Hotel of the grievance, then such grievance shall be reduced to writing, and may thereafter be submitted to arbitration. Any grievance not submitted to arbitration within forty-five (45) days from the date it is filed with the Marriott shall be considered closed unless an extension of time is mutually agreed upon.
9.04. The arbitrator shall be mutually acceptable to the parties. If the parties cannot themselves agree upon an Arbitrator, either party may request that a list be furnished by the Federal Mediation and Conciliation Service and the parties shall select an Arbitrator mutually acceptable from such list. Upon the appointment of an Arbitrator selected from the list furnished by the Federal Mediation and Conciliation Service, the subject matter of the grievance shall be submitted to the Arbitrator. The decision of the Arbitrator shall be final and conclusive upon both parties and both parties agree to abide by the award of the Arbitrator. The fees and expenses of the Arbitrator shall be shared equally between the parties.
9.05. An Arbitrator shall not have any new provisions in lieu thereofright or authority to add to, subtract from, or give any decision inconsistent with modify the terms and provisions of this Agreement. Each Further, the renewal, extension, modification or amendment of this Agreement shall not be the subject matter of the Parties hereto will bear arbitration procedure. Any back pay award rendered by an Arbitrator shall be reduced by interim earnings of any sort and any period during which the fee and expenses recipient failed to attempt to mitigate wage loss.
(a) All disciplinary actions based on shoppers’ reports must be taken up within twenty (20) days of the nominee appointed infraction.
(b) All other infractions other than shoppers’ reporters and guest complaints, except where fraud, theft, or assault is involved, must be dealt with within eight (8) calendar days. Where allegations of falsification of records or time theft are being investigated, management has twenty-five (25) calendar days to issue discipline from the time the discipline occurred or was discovered. If circumstances arise that prevent the Employer from completing its investigation, it shall notify the union that it will need additional time beyond the 25 calendar days to complete its investigation.
(c) Disciplinary write-ups shall not be considered after twelve (12) months.
(d) Written guest complaints may be acted upon by it and the Parties will equally share the fees and expenses management in assessing discipline within thirty (30) days of the chairperson of incident, providing management otherwise investigates the Arbitration Boardincident to the extent practicable. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 Such written complaints may be varied or extended offered by specific written agreement of the Parties Marriott in any particular proceeding. By mutual agreement a grievance which arbitration proceedings.
(e) Where back pay has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally agreed upon or awarded in the costs involved in the appointment settlement of a Dispute Resolution Mediator. The Mediator grievance, Marriott shall not order a resolution supply the Union with proof of the grievance but may make recommendations to the Partiespayment within fourteen (14) days after payment has been made.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of unsettled grievances. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve such written notice of desire to arbitrate within twenty (20) working days of date of written decision handed down under the last step of the grievance procedure provided in this Agreement, then the grievance shall be considered as settled on the basis of the written decision handed down in the last step of the grievance procedure.
B. After receipt of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and F.M.B.A. shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the F.M.B.A. are unable to so agree on such within seven (7) calendar days, or within a Chairperson or nomineelonger period if mutually agreed upon, then either Party the grieving party may then request submit the matter to the Public Employment Relations Commission (PERC) requesting that an appointment impartial arbitrator be made selected in accordance with their rules and regulations.
C. Only the Township or the F.M.B.A. shall have the right to submit a grievance to arbitration.
A. Any grievance submitted for arbitration shall first be reduced to a written “Submission Agreement” detailing the dispute at issue. If the Township and the F.M.B.A. cannot agree upon the “Submission”, each party, at least two (2) days in advance of the hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint “Submission Agreement” shall be signed by the Minister Township and the Officers of LabourF.M.B.A. Local No. No person may 37. In the event separate statements of the issues are submitted, the Township shall sign its copy and the Officers of the F.M.B.A. Local No. 37 shall sign the F.M.B.A.’s statement of issues.
C. Unless otherwise agreed to by the parties to this Agreement, one (1) issue will be appointed as a nominee or chairperson who has been directly or indirectly submitted to the arbitrator in each case.
SECTION 3. The arbitrator shall be bound by the provisions of this Agreement and restricted to application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this Agreementthe Agreement or any amendment or supplement thereto. SECTION 4. The cost for the services of the arbitrator shall be borne equally between the Township and the F.M.B.A. Any other expense shall be paid by the party incurring same.
SECTION 5. It shall be the obligation of the arbitrator to the Township and to the F.M.B.A. to make his best effort to rule on cases heard by him within thirty (30) days after the hearing.
SECTION 6. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, or a representative from the F.M.B.A. whose presence is required to substitute any new provisions resolve arbitrations shall be released from work without loss of regular straight-time pay for the purpose of participating in lieu thereof, or give any decision inconsistent such an arbitration hearing and further provided that there shall be no interference with the terms and provisions of this Agreement. Each operation of the Parties hereto will bear Township. In addition, witnesses who are reasonably required for the fee and expenses purposes of appearing at the nominee appointed by it and arbitration shall, if prior permission is secured from the Parties will equally share Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the fees and expenses purpose of the chairperson of the Arbitration Boardappearing at arbitration hearings.
SECTION 7. The arbitration award Nothing herein contained shall be binding on the Parties construed to this Agreement and deny any employees involvedindividual his rights under any civil law or regulation or any local, State or Federal law.
SECTION 8. Time limits provided Grievances shall be maintained in this Article 16 may a separate Grievance file. Grievances shall not be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally placed in the costs involved in the appointment personnel files of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesany Employees.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If A. A grievance must be filed by either the University Employer or the Union requests that a within seven (7) days of the date of the occurrence of the grievance, as above provided, with exception of payroll grievances.
(1) Grievances are to be submitted to arbitrationa grievance committee before submission to the WERC. If the grievance committee cannot resolve the grievance, it the grievance will then be submitted to the WERC per section (2). The Employer and Union shall make each have three (3) representatives on the grievance committee which shall meet within thirty (30) days of the grievance. The Business Manager shall be part of the grievance committee and shall appoint the other two union committee members, which shall not include a member of the local union filing the grievance.
(2) If no resolution is reached at the grievance committee, all grievances, disputes for complaints of violations of any provisions of this agreement shall be submitted to final and binding arbitration by an arbitrator appointed by the WISCONSIN EMPLOYMENT RELATIONS COMMISSION. Notice of the grievance dispute shall be given to the Employer or as applicable to the Local Union involved, at least two days before serving of the demand of the arbitration in order to permit efforts to adjust the matter without litigation. The arbitrator shall be a member or staff member of the Wisconsin Employment Relations Commission. The arbitrator shall have sole and exclusive jurisdiction to determine the arbitrability of such request dispute as well as the merits thereof. Written notice by certified return receipt of a demand for arbitration shall be given to the Contractor and Employer or as applicable to the Local Union involved. The Contractor and Employer as the case may be, shall agree in writing within seven (7) days to arbitrate the dispute.
(3) Both parties shall cooperate to have the case heard by an arbitrator within seven (7) calendar days of the written agreement to arbitrate, provided an arbitrator is available. The arbitrator shall have the authority to give a bench decision at the close of the hearing, unless he shall deem the issues to be unusually complex and addressed thereafter he shall reduce the award to writing. Grievances over discharge or suspension shall be filed not later than ten (7) calendar days after the matter is brought to the other Party attention of the Business Representative of the Union.
C. In the event the arbitrator finds a violation of the agreement he shall have the authority to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing award back pay to the arbitrator grievant in addition to whatever other or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as further remedy may be agreed by appropriate.
D. In the Parties, an appointment may be made by event a Contractor or the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party Union does not agree to arbitrate the use dispute within seven (7) days or does not cooperate to have the case heard within seven (7) days after the written agreement to arbitrate or does not comply with the award of a sole the arbitrator, the matter other party shall without seeking agreement of have the other Party be heard right to use legal and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and economic recourse.
E. All expenses of the nominee appointed by it and the Parties will equally share the arbitration except attorney’s fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on shared equally by the Parties to this Agreement Union and any employees Contractor involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Parties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, a) Any employee grievance must be submitted to arbitrationthe chapel chairperson within twenty (20) working days of its first coming to the attention of the affected party.
b) A grievance must first be brought to the attention of the union chapel chairperson who will attempt to resolve the dispute with the department manager within two (2) regular business days.
c) If the grievance cannot be resolved within the specified time it shall be submitted to the Joint Standing Committee. A grievance lodged by the employer or the union (policy and/or group) shall be submitted directly to the joint standing committee.
d) A standing committee of two (2) management employees and two (2) union employees shall be appointed/elected. The committee representing the union shall be elected by the union, and in such case of vacancy, absence or refusal of either of such employees to act, another shall be appointed/elected in his place.
e) The joint standing committee shall meet within five (5) days to deal with all disputes which may arise as to the wages herein provided, the construction to be placed upon any clause of the agreement or alleged violations thereof, which cannot be settled otherwise. Such joint standing committee shall meet at a time mutually satisfactory to the parties when any questions of difference shall have been referred to it for decision by the executive officers of either party to this agreement. If the standing committee reaches a majority decision, it shall make such request in writing and addressed be binding upon both parties.
f) Should the joint standing committee be unable to agree, either party may refer the other Party matter to this Agreement giving the name and address of a proposed sole arbitrator. Within ten arbitration within fifteen (1015) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Partydays. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not parties agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name arbitrator's decision shall be final and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Boardbinding on both parties. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the power to alter or amend or add to this agreement in any respect. The cost of the provisions arbitrator shall be borne equally by both parties.
g) Both parties will submit a list of three suggested arbitrators.
h) All time spent in handling grievances shall be conducted during regular business hours.
i) Any time limit referred to in this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with article may be extended by mutual consent between the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it employer and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesunion.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). alternative Failing agreement within ten (10) working days or of such time as may be agreed by the Partiesparties, an appointment may be made by the Minister Office of Labour Arbitration at the request of either Partyparty. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Boardarbitration board. Notwithstanding any of the foregoing, if either Party party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party party wishing to submit the issue to a tri-tri- partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s parties intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party party may then request an appointment be made by the Minister Office of LabourArbitration. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesparties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve such written notice of desire to arbitrate within twenty (20) working days of date of written decision, then the grievance shall be considered as settled on the basis of the written decision handed down in the last step of the grievance procedure.
B. After receipt of a notice of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and CFOA shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the CFOA are unable to so agree on such within seven (7) calendar days, or within a Chairperson or nomineelonger period if mutually agreed upon, then either Party the grieving party may then request submit the matter to the Public Employment Relations Commission (PERC) requesting that an appointment impartial arbitrator be made selected in accordance with their rules and regulations.
C. Only the Township or the CFOA shall have the right to submit a grievance to arbitration.
A. Any grievance submitted for arbitration shall first be reduced to a written “Submission Agreement” detailing the dispute at issue. If the Township and the CFOA cannot agree upon the “Submission”, each party, at least two (2) days in advance of the hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint “Submission Agreement” shall be signed by the Minister Township and the Officers of Labourthe CFOA. No person may In the event separate statements of the issues are submitted, the Township shall sign its copy and the Officers of the CFOA shall sign the CFOA statement of issue.
C. Unless otherwise agreed to by the parties to this Agreement, one (1) issue will be appointed as a nominee or chairperson who has been directly or indirectly submitted to the arbitration in each case.
SECTION 3. The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this AgreementAgreement or any amendment or supplement thereto.
SECTION 4. The cost for the services of the arbitrator shall be borne equally between the Township and the CFOA. Any other expense shall be paid by the party incurring same.
SECTION 5. It shall be the obligation of the arbitrator to the Township and to the CFOA to make his best effort to rule on cases heard by him/her within thirty (30) days after the hearing.
SECTION 6. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, or a representative from the CFOA, whose presence is required to substitute any new provisions resolve arbitrations, shall be released from work without loss of regular straight-time pay for the purpose of participating in lieu thereof, or give any decision inconsistent such an arbitration hearing and further provided that there shall be no interference with the terms and provisions of this Agreement. Each operation of the Parties hereto will bear Township. In addition, witnesses who are reasonable required for the fee and expenses purpose of appearing at the nominee appointed by it and arbitration shall, if prior permission is secured from the Parties will equally share Chief, be made available during working hours, if necessary, without the fees and expenses loss of the chairperson of the Arbitration Boardregular straight-time pay for the
SECTION 7. The arbitration award Nothing herein contained shall be binding on the Parties construed to this Agreement and deny any employees involved. Time limits provided in this Article 16 may be varied individual his/her rights under any civil law or extended by specific written agreement of the Parties in regulation or any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partieslocal, State or Federal law.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University grievance is not settled in Step 3 and the Council wishes to appeal the grievance procedure from Step 3, the Council may refer the grievance to binding arbitration, as described below, within fourteen (14)thirty (30) calendar days of receipt of the Village's written answer as provided to the Council at Step 3:
(a) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the Federal Mediation & Conciliation Service ("FMCS") for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. The parties agree to request the FMCS to limit the panel to members of the National Academy of Arbitrators. Both the Village and FOP shall each have the right to reject one panel in its entirety within seven (7) calendar days of its receipt and request that a new panel be submitted. The parties agree to engage in a ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator, provided that each party may strike or cross out not more than two (2) of the arbitrators on the panel before ranking the remaining arbitrators on the panel. Within fourteen (14)thirty (30) calendar days from the date the panel list is received from the FMCS the parties shall simultaneously exchange their panel lists with the arbitrators ranked numerically in the order of preference (1 for first choice, 2 for the second choice, etc.). The arbitrator whose name is on both lists and who has the lowest combined number shall be invited to serve as the arbitrator. If two or more arbitrators have the same combined number, the parties shall alternatively strike until only one name remains, with the determination of who strikes first decided by a coin toss. In the event that the arbitrator declines or is unable to serve, the parties shall invite the next arbitrator in designated order of mutual preference to so serve. In the event that he declines or is unable to serve, the parties agree to jointly request a new panel of seven (7) arbitrators from the FMCS and commence the selection process anew.
(b) The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing, subject to the availability of Council and Village representatives.
(c) The Village and the Council shall have the right to request the arbitrator to require the presence of witnesses or documents. The Village and the Council retain the right to employ legal counsel.
(d) The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the Union requests that a grievancesubmission of briefs by the parties, as above provided, whichever is later.
(e) More than one grievance may be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not arbitrator where both parties mutually agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. writing.
(f) The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator and the cost of the Arbitration Board. The arbitration award a written transcript, if any, shall be binding on divided equally between the Parties to this Agreement Village and any employees involved. Time limits provided in this Article 16 may the Council; provided, however, that each party shall be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesresponsible for compensating its own representatives and witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If In the University or the Union requests event that a grievancegrievance is still unresolved after Step 3 in Section 4 above or as provided in Section 5 above, as above provided, the matter may be submitted to arbitration, it shall make such request final and binding arbitration as provided in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Section.
A. Within ten (10) working days after receiving such noticeof the decision of the City Manager or his/her designee, the other Party aggrieved party shall respond by agreeing to notify the arbitrator City Manager or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice his/her designee of intent to arbitrate or in arbitrate. Concurrently, said party shall request from the Federal Mediation and Conciliation Service a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board list of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address seven (7) names of its nominee to the Arbitration Boardqualified arbitrators. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment such a list, representatives of the second of themparties shall meet and each party shall strike three (3) names. The party filing the grievance shall strike the first name, appoint then the other party shall strike a third person who name. The process shall be repeated and the remaining name shall be the chairperson arbitrator selected. The arbitrator shall be notified of his/her selection. As promptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event that the arbitrator selected is not available within the thirty (30) day time frame, the parties shall immediately obtain a new list from the Federal Mediation and Conciliation Service and select another arbitrator using the same process as previously referenced.
B. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the Arbitration Board. If they are unable arbitrator, including the appearance fee of a court reporter and the cost of any transcript to agree on such a Chairperson or nomineebe provided to the arbitrator, then either Party may then request an appointment shall be made shared equally by the Minister parties.
C. The decision of Labour. No person the arbitrator shall be final and binding upon both parties, except that either party may be appointed as a nominee or chairperson who has been directly or indirectly involved petition for review in an attempt to negotiate or settle the grievancecircuit court. The Arbitration Board arbitrator shall not have jurisdiction no power to amend amend, add to, or add subtract from the terms of this Agreement in rendering his/her decision and such decision shall be limited to any determination and interpretation of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the explicit terms and provisions of this Agreement. Each If the City has denied the grievance on the basis that it was not timely filed and processed as required by this Article and if the arbitrator finds that the grievance was not timely filed or processed, then the arbitrator shall have no power to grant relief. No decision of the Parties hereto will bear the fee and expenses arbitrator shall create a basis for retroactive adjustment in any other case.
D. Copies of the nominee appointed by it and the Parties will equally share the fees and expenses decision of the chairperson arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) calendar days from the date of the Arbitration Board. hearing.
E. The arbitration award arbitrator shall arbitrate solely the issue presented.
F. Unless otherwise mutually agreed upon, the submission to the arbitrator shall be binding based solely on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific originally written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesprocess.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If Section 16.1. In the University event that a grievance remains unresolved after the completion of Step 3, the grievance may be referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union requests that shall have the right to compel the arbitration of a grievancegrievance without the consent of the other. Service may be made by regular U.S. mail based upon the date of the postmark.
Section 16.2. If a grievance is not presented within any of the time limits specified in this Article, as above provided, it shall be submitted considered waived and the Employer's last answer shall be final and binding.
Section 16.3. After either party has so notified the other of its referral of a grievance to arbitration, it shall make such request in writing and addressed the parties will attempt to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement meet within ten (10) working days to select an arbitrator, or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the to request of either Partythe Iowa Public Employment Relations Board that it furnish a list of five (5) arbitrators from which the parties shall select one (1) arbitrator. The single Arbitrator Employer and the Union shall meet within five (5) working days from receipt of said list and alternately strike four (4) names from the submitted list, and the person whose name is left shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such caseProvided, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitratehowever, that the matter will be heard by a tri-partite Board Union and the Employer may mutually agree that the list of Arbitrationproposed arbitrators is
Section 16.4. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the Arbitration Boardarbitration hearing shall be made unless requested by a party. The arbitration award cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the non-requesting party should either or both of them desire the same. The arbitrator's decision will be final and binding on the Parties to this Agreement and any employees involvedparties.
Section 16.5. Time limits provided in this Article 16 may be varied or extended by specific Within thirty (30) days of hearing, the arbitrator shall issue a written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations report to the Partiesparties detailing his/her recommendations and award.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If Section 1: A grievance is defined as any dispute concerning the University meaning or application or interpretation of the express provisions of this Agreement. Grievances shall be processed in accordance with the following procedure:
Step 1: The employee and/or the Union requests that a grievance, as above provided, be submitted to arbitration, it official shall make such request in writing notify and addressed to or discuss the other Party to this Agreement giving matter with the name and address ADS of a proposed sole arbitrator. Within Human Resources no later than ten (10) working calendar days after receiving such noticeof the event giving rise to the grievance.
Step 2: If the grievance is not settled between the employee and/or the Union ▇▇▇▇▇▇▇ and his supervisor at Step 1, the other Party employee and/or the Union ▇▇▇▇▇▇▇ and/or a Union officer shall respond present the grievance in writing (setting forth a concise statement of the facts on which the grievance is based and the article and section of the Agreement allegedly violated, signed by agreeing the employee or Union representative), to the arbitrator Sheriff or proposing an alternative(shis designee within fifteen (15) Arbitrator(s)calendar days of the occurrence of the event giving rise to the grievance or the date the employee knew or should have known of the event. Failing agreement The Sheriff or his designee shall answer the grievance in writing within ten (10) working calendar days or such time as of its presentation.
Step 3: If the grievance is still unsettled, the Union and only the Union, shall submit the grievance to arbitration within thirty (30) calendar days of the date on which the Sheriff’s answer is due. Grievances involving discipline, discharge, promotion and other areas within the administrative control of the Sheriff may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree submitted to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitratorarbitration bypassing Step 2. In such case, the Party wishing grievance shall be submitted to submit arbitration by the issue Union within thirty (30) days of the date on which the Sheriff’s answer is due.
Section 2: Submission to arbitration shall be accomplished by a tri-partite board should indicate, in its notice of intent to arbitrate or in a response letter to the other Party’s intent to arbitrateAmerican Arbitration Association, that the matter will be heard by and a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee copy to the Arbitration Board. Within ten Sheriff within the thirty (1030) working calendar days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, specified in Step 3.
Section 3: If a grievance is not timely raised initially or presented within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the time limits specified in Section 1, it shall be deemed abandoned and not entitled to consideration thereafter. Time limits may be extended by the mutual agreement of the parties, and the parties may mutually agree to bypass any of the Steps contained herein. The Union shall have the right to have any union official or union attorney at any level of the grievance procedure and employees shall be allowed reasonable time off for the processing of grievances.
Section 4: Arbitration shall be conducted pursuant to the rules of the American Arbitration Association. No decision may include or deal with any issue or matter which is not expressly made subject to arbitration under the terms of this Agreement. The decision of the arbitrator shall be in writing and shall be final and binding upon the parties except that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement and shall confine his decision to the issues submitted.
Section 5: Each party shall be responsible for one-half of the expenses and fees of an arbitrator designated under this Article and any administrative costs of the American Arbitration Association except for the initial filing fee which shall be paid by the Union.
Section 6: Any incident which occurred or failed to occur prior to the execution of this Agreement shall not be subject to the grievance-arbitration provisions of this Agreement.
Section 7: The arbitration provisions of this Agreement shall not apply to a grievance unless the employee elects arbitration as final and binding and as the exclusive remedy.
(a) A signed grievance on a mutually agreed upon form filed by the employee in Step 2 of the grievance procedure shall constitute an election hereunder.
(b) In matters involving the discharge of an employee with five (5) or more years of service, or said employee, after a hearing before the Sheriff in accordance with Mass. General Laws, Chapter 35, Section 51, may elect to substitute any new provisions in lieu thereofhave the matter finally determined and resolved by an arbitrator under Article IX, or give any decision inconsistent with the terms and provisions Section 1, Step 3 of this Agreement. Each Such grievance shall commence at Step 2 of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Boardgrievance-arbitration procedure. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution Submission of the grievance but may make recommendations to arbitration within the Partiestime specified in Step 3 shall constitute an election of the arbitration procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve said written notice of desire to arbitrate within twenty (20) working days of the date of the written decision handed down under Step 4 of the grievance procedure provided for in this Agreement, the grievance shall be considered as settled on the basis of the written disposition made in the last step of the grievance procedure.
B. After receipt of a notice of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and P.S.O. shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the P.S.O. are unable to so agree on such within seven (7) working days, or within a Chairperson longer period if mutually agreed upon, the grieving party may submit the matter to the Public Employment Relations Commission requesting that an impartial arbitrator be selected in accordance with their rules and regulations.
C. Only the Township or nominee, then either Party may then request an appointment be made the P.S.O. shall have the right to submit a grievance to arbitration.
D. Unless otherwise agreed to by the Minister parties, only one (1) issue will be submitted to the arbitrator in each case.
A. Any grievance submitted for arbitration shall first be reduced to a written "Submission Agreement" detailing the dispute at issue. If the Township and the P.S.O. cannot agree upon the Submission, each party, at least two (2) days in advance of Labourthe hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint "Submission Agreement" shall be signed by the Township, the P.S.O. and all aggrieved Employee(s), if any. No person may In the event separate statements of the issues are submitted, the Township shall sign its copy and the P.S.O. and the aggrieved Employee(s), if any, shall sign the P.S.O.'s statement of issue.
A. The arbitrator shall be appointed as a nominee or chairperson who has been directly or indirectly bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this AgreementAgreement or any amendment or supplement thereto.
B. The decision of the arbitrator shall be final and binding on both parties. Said arbitration statute does not preclude grievant to file said grievance with PERC.
C. The cost for the services of the arbitrator shall be borne equally between the Township and P.S.O. Any other expense shall be paid by the party incurring same.
D. It shall be the obligation of the arbitrator to the Township and to the P.S.O. to make his best effort to rule on cases heard by him within thirty (30) days after the hearing.
SECTION 4. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, or a representative from the P.S.O., whose presence is required to substitute any new provisions resolve arbitrations, shall be released from work without loss of regular straight-time pay for the purpose of participating in lieu thereof, or give any decision inconsistent such an arbitration hearing and further provided that there shall be no interference with the terms and provisions of this Agreement. Each operation of the Parties hereto will bear Township. In addition, witnesses who are reasonably required for the fee purposes of appearing at an arbitration hearing shall, if prior permission is secured from the Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the ▇▇▇▇▇▇▇▇ ▇▇ and expenses PBA Loc 52 (Superiors) 2006.doc purpose of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The appearing at arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partieshearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve said written notice of desire to arbitrate within twenty (20) working days of the date of the written decision handed down under Step 4 of the grievance procedure provided for in this Agreement, the grievance shall be considered as settled on the basis of the written disposition made in the last step of the grievance procedure.
B. After receipt of a notice of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and P.S.O. shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the P.S.O. are unable to so agree on such within seven (7) working days, or within a Chairperson longer period if mutually agreed upon, the grieving party may submit the matter to the Public Employment Relations Commission requesting that an impartial arbitrator be selected in accordance with their rules and regulations.
C. Only the Township or nominee, then either Party may then request an appointment be made the P.S.O. shall have the right to submit a grievance to arbitration.
D. Unless otherwise agreed to by the Minister parties, only one (1) issue will be submitted to the arbitrator in each case.
A. Any grievance submitted for arbitration shall first be reduced to a written "Submission Agreement" detailing the dispute at issue. If the Township and the P.S.O. cannot agree upon the Submission, each party, at least two (2) days in advance of Labourthe hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint "Submission Agreement" shall be signed by the Township, the P.S.O. and all aggrieved Employee(s), if any. No person may In the event separate statements of the issues are submitted, the Township shall sign its copy and the P.S.O. and the aggrieved Employee(s), if any, shall sign the P.S.O.'s statement of issue.
A. The arbitrator shall be appointed as a nominee or chairperson who has been directly or indirectly bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this AgreementAgreement or any amendment or supplement thereto.
B. The decision of the arbitrator shall be final and binding on both parties. Said arbitration statute does not preclude grievant to file said grievance with PERC.
C. The cost for the services of the arbitrator shall be borne equally between the Township and P.S.O. Any other expense shall be paid by the party incurring same.
D. It shall be the obligation of the arbitrator to the Township and to the P.S.O. to make his best effort to rule on cases heard by him within thirty (30) days after the hearing.
SECTION 4. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, or a representative from the P.S.O., whose presence is required to substitute any new provisions resolve arbitrations, shall be released from work without loss of regular straight-time pay for the purpose of participating in lieu thereof, or give any decision inconsistent such an arbitration hearing and further provided that there shall be no interference with the terms and provisions of this Agreement. Each operation of the Parties hereto will bear Township. In addition, witnesses who are reasonably required for the fee and expenses purposes of appearing at an arbitration hearing shall, if prior permission is secured from the nominee appointed by it and Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the Parties will equally share the fees and expenses purpose of the chairperson of the Arbitration Board. The appearing at arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partieshearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-tri- partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-tri- partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Parties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, a) Any employee grievance must be submitted to arbitrationthe chapel chairperson within twenty (20) working days of its first coming to the attention of the affected party.
b) A grievance must first be brought to the attention of the union chapel chairperson who will attempt to resolve the dispute with the department manager within two (2) regular business days.
c) If the grievance cannot be resolved within the specified time it shall be submitted to the Joint Standing Committee. A grievance lodged by the employer or the union (policy and/or group) shall be submitted directly to the joint standing committee.
d) A standing committee of two (2) management employees and two (2) union employees shall be appointed/elected. The committee representing the union shall be elected by the union, and in such case of vacancy, absence or refusal of either of such employees to act, another shall be appointed/elected in his/her place.
e) The joint standing committee shall meet within five (5) days to deal with all disputes which may arise as to the wages herein provided, the construction to be placed upon any clause of the agreement or alleged violations thereof, which cannot be settled otherwise. Such joint standing committee shall meet at a time mutually satisfactory to the parties when any questions of difference shall have been referred to it for decision by the executive officers of either party to this agreement. If the standing committee reaches a majority decision, it shall make such request in writing and addressed be binding upon both parties.
f) Should the joint standing committee be unable to agree, either party may refer the other Party matter to this Agreement giving the name and address of a proposed sole arbitrator. Within ten arbitration within fifteen (1015) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Partydays. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not parties agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name arbitrator's decision shall be final and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Boardbinding on both parties. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the power to alter or amend or add to this agreement in any respect. The cost of the provisions arbitrator shall be borne equally by both parties.
g) Both parties will submit a list of three suggested arbitrators.
h) All time spent in handling grievances shall be conducted during regular business hours.
i) Any time limit referred to in this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with article may be extended by mutual consent between the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it employer and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesunion.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. (a) If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party party shall respond by agreeing to the arbitrator or proposing an alternative(s) alternative Arbitrator(s). Failing agreement within ten (10) working days or of such time as may be agreed by the Partiesparties, an appointment may be made by the Minister Office of Labour Arbitration at the request of either Partyparty. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. arbitration board.
(b) Notwithstanding any of the foregoing, if either Party party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party party wishing to submit the issue to a tri-tri- partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s parties intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party party may then request an appointment be made by the Minister Office of Labour. Arbitration.
9.02 No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. .
9.03 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. .
9.04 Each of the Parties parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties parties will equally share the fees and expenses of the chairperson of the Arbitration Board. .
9.05 The arbitration award shall be binding on the Parties parties to this Agreement and any employees involved. .
9.06 Time limits provided in this Article 16 9 may be varied or extended by specific written agreement of the Parties parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Parties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve such written notice of desire to arbitrate within twenty (20) working days of date of written decision handed down under the last step of the grievance procedure provided in this Agreement, then the grievance shall be considered as settled on the basis of the written decision handed down in the last step of the grievance procedure.
B. After receipt of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and F.M.B.A. shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the F.M.B.A. are unable to so agree on such within seven (7) calendar days, or within a Chairperson or nomineelonger period if mutually agreed upon, then either Party the grieving party may then request submit the matter to the Public Employment Relations Commission (PERC) requesting that an appointment impartial arbitrator be made selected in accordance with their rules and regulations.
C. Only the Township or the F.M.B.A. shall have the right to submit a grievance to arbitration.
A. Any grievance submitted for arbitration shall first be reduced to a written "Submission Agreement" detailing the dispute at issue. If the Township and the F.M.B.A. cannot agree upon the "Submission", each party, at least two (2) days in advance of the hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint "Submission Agreement" shall be signed by the Minister Township and the Officers of Labourthe F.M.B.A. Local No. No person may 37. In the event separate statements of the issues are submitted, the Township shall sign its copy and the Officers of the F.M.B.A. Local No. 37 shall sign the F.M.B.A.'s statement of issues.
C. Unless otherwise agreed to by the parties to this Agreement, one
(1) issue will be appointed as a nominee or chairperson who has been directly or indirectly submitted to the arbitrator in each case. SECTION 3. The arbitrator shall be bound by the provisions of this Agreement and restricted to application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this Agreement, the Agreement or to substitute any new provisions in lieu thereof, amendment or give any decision inconsistent with supplement thereto. SECTION 4. The cost for the terms and provisions of this Agreement. Each services of the Parties hereto will bear arbitrator shall be borne equally between the fee and expenses of the nominee appointed by it Township and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award F.M.B.A. Any other expense shall be binding on paid by the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesparty incurring same.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If Section 16.1. In the University event that a grievance remains unresolved after the completion of Step 3, the grievance may be referred to arbitration by the Union Business Representative serving a written request for arbitration upon the Employer’s Human Resources Director within five (5) working days from the answer in Step 3. It is expressly agreed and understood that no employee or the Union requests that shall have the right to compel the arbitration of a grievancegrievance without the consent of the other. Service may be made by regular U.S. mail based upon the date of the postmark.
Section 16.2. If a grievance is not presented within any of the time limits specified in this Article, as above provided, it shall be submitted considered waived and the Employer's last answer shall be final and binding.
Section 16.3. After either party has so notified the other of its referral of a grievance to arbitration, it shall make such request in writing and addressed the parties will attempt to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement meet within ten (10) working days to select an arbitrator, or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the to request of either Partythe Iowa Public Employment Relations Board that it furnish a list of five (5) arbitrators from which the parties shall select one (1) arbitrator. The single Arbitrator Employer and the Union shall meet within five (5) working days from receipt of said list and alternately strike four (4) names from the submitted list, and the person whose name is left shall be bound by all clauses in this Article in the same manner as arbitrator. Provided, however, that the Arbitration BoardUnion and the Employer may mutually agree that the list of proposed arbitrators is unacceptable and thereafter petition PERB for a new list of five (5) arbitrators. Notwithstanding any of The party making the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter first strike shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitrationcoin flip.
Section 16.4. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator will be shared equally by the parties. Each party shall pay its own cost of preparation and presentation for arbitration. No stenographic transcript of the Arbitration Boardarbitration hearing shall be made unless requested by a party. The arbitration award cost of stenographic reporting of the hearing shall be borne by the party requesting the same. Such cost shall include a copy of the transcript for the arbitrator and the non-requesting party should either or both of them desire the same. The arbitrator's decision will be final and binding on the Parties to this Agreement and any employees involvedparties.
Section 16.5. Time limits provided in this Article 16 may be varied or extended by specific written agreement Within thirty (30) days of hearing, the Parties in any particular proceeding. By mutual agreement arbitrator shall issue a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Parties.written
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University grievance is not settled at Step 3 or 4 and the Union requests that a wishes to appeal the grievance, as above provided, be submitted the Union may refer the grievance to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shalldescribed below, within ten (10) working calendar days after the of receipt of the appointment Village's written answer as provided to the Union at Step 3 or within ten (10) calendar days after unsuccessfully reaching a mediated agreement at Step 4 (unless waived by mutual agreement): The parties shall attempt to agree upon an arbitrator within seven (7) calendar days after receipt of the second notice of them, appoint a third person who shall be referral. In the chairperson of event the Arbitration Board. If they parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit a panel of seven (7) arbitrators all of whom shall be members of the National Academy of Arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. A "coin toss" shall determine the order of striking of names from the arbitration panel. The winner of the coin toss shall have the choice of taking the first or second turn in the striking sequence. Both the Village and the Union shall strike names alternately. The person remaining on such the arbitration panel shall be the arbitrator. The arbitrator shall be notified of his/her selection and shall be requested to set a Chairperson time and place for the hearing, subject to the availability of Union and Village representatives. The Village and the Union shall have the right to request the arbitrator to require the presence of witnesses or nominee, then either Party may then request an appointment be made documents. The Village and the Union retain the right to employ legal counsel. The arbitrator shall submit his/her decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the Minister of Labourparties, whichever is later. No person More than one grievance may be appointed as a nominee or chairperson who has been directly or indirectly involved submitted to the same arbitrator if both parties mutually agree in an attempt to negotiate or settle the grievancewriting. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson arbitrator and the cost of the Arbitration Board. The arbitration award a written transcript, if mutually agreed to, shall be binding on divided equally between the Parties to this Agreement Village and any employees involved. Time limits provided in this Article 16 may the Union; provided, however, that each party shall be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesresponsible for compensating its own representatives and witnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or of such time as may be agreed by the Partiesparties, an appointment may be made by the Minister Office of Labour Arbitration at the request of either Partyparty. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Boardarbitration board. Notwithstanding any of the foregoing, if either Party party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s parties intent to arbitrate, that the matter will be heard by a tri-tri- partite Board of Arbitration. The Party party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party party may then request an appointment be made by the Minister Office of LabourArbitration. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesparties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement desire within ten (10) working calendar days or such time as may be agreed by after the Parties, an appointment may be made by decision in writing is given under the Minister last step of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses grievance procedure provided for in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitratorAgreement. In such case, the Party wishing event either party fails to submit the issue to a tri-partite board should indicate, in its serve said written notice of intent desire to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working calendar days after of the date of the written decision handed down under the last step of the grievance procedure provided for in this Agreement, then the grievance shall be considered as abandoned at the last step of the grievance procedure.
B. After receipt of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and Union shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and Union are unable to so agree on such within seven (7) working days, or within a Chairperson or nomineelonger period if mutually agreed upon, then either Party the grieving party may then request submit the matter to the New Jersey State Board of Mediation requesting that an appointment impartial arbitrator be made selected in accordance with their rules and regulations.
C. Only the Township or the Union shall have the right to submit a grievance to arbitration. SECTION 2. Unless otherwise agreed to by the Minister of Labour. No person may parties, one (1) issue will be appointed as a nominee or chairperson who has been directly or indirectly involved submitted to the arbitrator in an attempt to negotiate or settle the grievance. each case.
A. The Arbitration Board arbitrator shall not have jurisdiction to amend or add to any of be bound by the provisions of this Agreement, or restricted to substitute any new provisions the applications of the facts presented to him involved in lieu thereofthe grievance, or give any decision inconsistent with and limited to the terms and provisions interpretation of this the Agreement. Each The arbitrator shall have no authority to add to, alter, amend or modify any provision of the Parties hereto will bear Agreement. Furthermore, the fee arbitrator shall be bound by the laws of New Jersey and expenses shall be without power to advise or direct the omission of any illegal act or acts beyond the legal authority of the nominee appointed by it parties.
B. The decision or the arbitrator shall be final and the Parties will equally share the binding on both parties.
C. The arbitrator’s fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on borne jointly by the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations parties to the PartiesAgreement. Any other expenses including but not limited to witnesses shall be borne by the individual party incurring same.
SECTION 4. Arbitration hearing and conferences shall be held at the Municipal Building.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University or 8.01 Arbitration proceedings shall be commenced within fourteen (14) calendar days after notice of intention to arbitrate is given. A single Arbitrator shall be selected. The Employer and the Union requests shall jointly agree upon said Arbitrator within the said fourteen (14) calendar days. In the event that a grievance, as above provided, be submitted the parties are unable to arbitration, it shall make such request in writing and addressed to agree upon the other Party to this Agreement giving the name and address appointment of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the an arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Partiesend of such fourteen (14) calendar days, an appointment may be made by then the Minister of Labour at for the Province of Nova Scotia may make such appointment upon the request of either Party. party.
8.02 No person shall be appointed Arbitrator who:
8.02.1 Is acting or has within the period of six (6) months prior to the date of his/her appointment, is acting or has acted in the capacity of
8.02.2 Has any pecuniary interest in the matters referred to him/her.
8.03 The single decision of the Arbitrator shall be bound final and binding, provided that the Arbitrator shall have the power to modify or set aside any penalty imposed by all clauses in the Employer relating to any disciplinary measures imposed on any employee covered by this Article in Agreement, but the same manner Arbitrator shall not have the power to add to, alter, modify, or amend this Agreement.
8.04 Should the parties disagree as to the Arbitration Board. Notwithstanding any meaning of the foregoingArbitrator’s decision, if either Party does not agree party may apply in writing to the use Arbitrator for a clarification of a sole arbitrator, the matter shall without seeking agreement his/her decision within thirty (30) calendar days of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of his/her decision. Such clarification by the appointment Arbitrator shall not involve the presentation or consideration of evidence or hearing of argument from either party.
8.05 The expenses and remuneration of the second of them, appoint a third person who Arbitrator shall be jointly and equally borne by the chairperson Employer and the Union. In the event one of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs parties involved in the appointment arbitration appeals the decision of a Dispute Resolution Mediator. The Mediator the Judge/Arbitrator, the party which appeals the decision shall bear full cost, including all reasonable legal fees, of the appeal for both parties if the appeal is not order a resolution successful.
8.06 At any Step of the grievance but may make recommendations procedure or at the arbitration hearing, the parties shall have the assistance of the employee(s) concerned as witnesses and any other witnesses and all reasonable arrangements shall be made to permit the Partiesconferring parties or the Arbitrator to
8.07 Prior to selecting an arbitrator the parties will request that a written decision be provided within six (6) months.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION. If A. Either party may request arbitration of an unsettled grievance. The party desiring arbitration must notify the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request other party in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten such desire within twenty (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (1020) working days after the decision in writing is given under the last step of the grievance procedure provided for in this Agreement. In the event either party fails to serve said written notice of desire to arbitrate within twenty (20) working days of the date of the written decision handed down under the last step of the grievance procedure provided for in this Agreement, the grievance shall be considered as settled on the basis of the written disposition made in the last step of the grievance procedure.
B. After receipt of a notice of a desire to arbitrate, the appointment of the second of them, appoint a third person who Township and P.S.O. shall be the chairperson of the Arbitration Boardattempt to agree on an arbitrator. If they the Township and the P.S.O. are unable to so agree on such within seven (7) working days, or within a Chairperson longer period if mutually agreed upon, the grieving party may submit the matter to the Public Employment Relations Commission requesting that an impartial arbitrator be selected in accordance with their rules and regulations.
C. Only the Township or nominee, then either Party may then request an appointment be made the P.S.O. shall have the right to submit a grievance to arbitration.
D. Unless otherwise agreed to by the Minister parties, only one (l) issue will be submitted to the arbitrator in each case.
A. Any grievance submitted for arbitration shall first be reduced to a written “Submission Agreement” detailing the dispute at issue. If the Township and the P.S.O. cannot agree upon the Submission, each party, at least two (2) days in advance of Labourthe hearing, shall submit to the other a statement of the issues it considers in dispute.
B. The joint “Submission Agreement” shall be signed by the Township, the P.S.O. and all aggrieved Employee(s), if any. No person may In the event separate statements of the issues are submitted, the Township shall sign its copy and the P.S.O. and the aggrieved Employee(s), if any, shall sign the P.S.O.’s statement of issue.
A. The arbitrator shall be appointed as a nominee or chairperson who has been directly or indirectly bound by the provisions of this Agreement and restricted to the application of the facts presented to him involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the authority to amend add to, modify, detract from or add to alter in any of way the provisions of this AgreementAgreement or any amendment or supplement thereto.
B. The decision of the arbitrator shall be final and binding on both parties.
C. The cost for the services of the arbitrator shall be borne equally between the Township and P.S.O. Any other expense shall be paid by the party incurring same.
D. It shall be the obligation of the arbitrator to the Township and to the P.S.O. to make his best effort to rule on cases heard by him within thirty (30) days after the hearing.
SECTION 4. Arbitration hearings and conferences shall be held at the municipal building. Provided prior permission has been secured from the Chief, or a representative from the P.S.O., whose presence is required to substitute any new provisions resolve arbitrations, shall be released from work without loss of regular straight-time pay for the purpose of participating in lieu thereof, or give any decision inconsistent such an arbitration hearing and further provided that there shall be no interference with the terms and provisions of this Agreement. Each operation of the Parties hereto will bear Township. In addition, witnesses who are reasonably required for the fee and expenses purposes of appearing at an arbitration hearing shall, if prior permission is secured from the nominee appointed by it and Chief, be made available during working hours, if necessary, without loss of regular straight-time pay for the Parties will equally share the fees and expenses purpose of the chairperson of the Arbitration Board. The appearing at arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partieshearings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, a) Any employee grievance must be submitted to arbitrationthe chapel chairperson within twenty (20) working days of its first coming to the attention of the affected party.
b) A grievance must first be brought to the attention of the union chapel chairperson who will attempt to resolve the dispute with the department manager within two (2) regular business days.
c) If the grievance cannot be resolved within the specified time it shall be submitted to the Joint Standing Committee. A grievance lodged by the employer or the union (policy and/or group) shall be submitted directly to the joint standing committee.
d) A standing committee of two (2) management employees and two (2) union employees shall be appointed/elected. The committee representing the union shall be elected by the union, and in such case of vacancy, absence or refusal of either of such employees to act, another shall be appointed/elected in his place.
e) The joint standing committee shall meet within five (5) days to deal with all disputes which may arise as to the wages herein provided, the construction to be placed upon any clause of the agreement or alleged violations thereof, which cannot be settled otherwise. Such joint standing committee shall meet at a time mutually satisfactory to the parties when any questions of difference shall have been referred to it for decision by the executive officers of either party to this agreement. If a majority decision is reached by the standing committee, it shall make such request in writing and addressed be binding upon both parties.
f) Should the joint standing committee be unable to agree, either party may refer the other Party matter to this Agreement giving the name and address of a proposed sole arbitrator. Within ten arbitration within fifteen (1015) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Partydays. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not parties agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name arbitrator's decision shall be final and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Boardbinding on both parties. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board arbitrator shall not have jurisdiction the power to alter or amend or add to this Agreement in any respect. The cost of the provisions arbitrator shall be borne equally by both parties.
g) Both parties will submit a list of three suggested arbitrators.
h) All time spent in handling grievances shall be conducted during regular business hours.
i) Any time limit referred to in this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with article may be extended by mutual consent between the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it employer and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be binding on the Parties to this Agreement and any employees involved. Time limits provided in this Article 16 may be varied or extended by specific written agreement of the Parties in any particular proceeding. By mutual agreement a grievance which has been submitted to arbitration may be referred to a Dispute Resolution Mediator. The Parties shall share equally in the costs involved in the appointment of a Dispute Resolution Mediator. The Mediator shall not order a resolution of the grievance but may make recommendations to the Partiesunion.
Appears in 1 contract
Sources: Collective Agreement