Common use of GRIEVANCES - ARBITRATION Clause in Contracts

GRIEVANCES - ARBITRATION. 1. Should any differences, disputes or complaints arise over the interpretation or application of the con­ tents of this agreement, there shall be an ▇▇▇▇▇▇▇ effort, on the part of both parties, to settle such promptly through the following steps: Step 1. By conference between the store manager and the ▇▇▇▇▇▇▇. I f not settled at this step, then Step 2. By conference between the Zone Manager, store manager and ▇▇▇▇▇▇▇. I f not settled at this step, then Step 3. By conference between the Zone Manager and an official of the Union. I f not settled at this step, then Step 4. By conference between an official of the Union and the Store Operations Head and/or Personnel Vice-President, or a rep­ resentative of the Employer designated by the Store Operations Head and/or Person­ nel Vice-President. 2. In the event that during the term of this agree­ ment there shall be any grievance, controversy, or dispute arising under the terms of this agreement, there shall be no suspension to work on the part of the employees, but there shall be an ▇▇▇▇▇▇▇ effort to settle any such difference, and the same shall be taken up for adjustment as hereinabove provided. If such matter cannot be adjusted by the representatives of the Employer, then it shall be submitted to arbi­ tration in the following manner: Within forty-eight (48) hours after notice by either party of a desire to arbitrate, an arbitrator shall be selected by the Union and the Employer. If, within five (5 ) days, the Union and the Employer, after notification by either party, cannot agree upon an arbitrator, the selection shall be made and the arbi­ tration conducted under the prevailing rules of the American Arbitration Association. The decision of said arbitrator shall be final and binding upon the parties to this agreement. 1. During the term of this agreement, there shall be no strikes or lockouts, and no stoppages of work caused or sanctioned by the Union or the employees, tor rendered under Article XVIII of this agreement. 2. In the event of a fire, flood, military attack, threatened strike, or other Force Majeure, occurring during a period when paragraph 1 of this Article X IX is not in effect, and specifically during a period of negotiation following the termination of this agreement and prior to the execution of a new agree­ ment, neither the Union nor the employees will cause or sanction a strike or stoppage of work for a period of seventy-two (72) hours following notice to the Employer of the intention to strike or effect a stop­ page of work, and during such period of seventy-two (72) hours, the Union and the employees will coop­ erate with the Employer in safeguarding the Employ­ er’s property and in disposing of perishables in the normal course of business or as otherwise directed by the Employer. Anything in this agreement to the contrary notwithstanding, it is expressly understood and agreed that this paragraph shall survive the termi­ nation date of this agreement and shall continue in full force and effect until exhausted by the expira­ tion of the seventy-two (72) hour period following the notice provided for herein. 3. In the event of an alleged or asserted breach of the "no strike” provision, either the Employer or the Union may institute expedited arbitration by telegram to the American Arbitration Association (AAA) and the other party. The AAA shall imme­ diately appoint an arbitrator who shall hold a hearing within twenty-four (24) hours of his appointment. The arbitrator shall issue his award as soon as pos­ sible but in no event later than two (2) hours after the conclusion of the hearing. The award shall be effective immediately. Either party may request that the award be in writing and supported by an opinion; the arbitrator shall comply with such a request within a reasonable time, but this shall not affect the validity of the award or interfere with or delay the enforce­ ment of the award. The arbitrator may issue injunc­ tive relief and other appropriate relief. Failure of any party to attend the arbitration hearing as scheduled by the AAA shall not delay arbitration, and the arbitrator is authorized to take evidence as if such party were present. Enforcement of this award by a Court of Law is not precluded by election of this alternative procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement