GRIEVANCES, DISPUTES AND ARBITRATION‌ Sample Clauses

The 'Grievances, Disputes and Arbitration' clause establishes a formal process for resolving disagreements or complaints that arise between the parties to a contract. Typically, this clause outlines the steps that must be followed, such as submitting a written grievance, engaging in negotiation or mediation, and, if unresolved, proceeding to binding arbitration rather than litigation. Its core practical function is to provide a clear, structured, and often less adversarial method for addressing and settling disputes, thereby minimizing disruption and reducing the potential costs and delays associated with court proceedings.
GRIEVANCES, DISPUTES AND ARBITRATION‌. A. Any controversy over the interpretation of, or adherence to the terms of this Agreement shall first be attempted to be resolved between the Union and the Employer. Any controversy or grievance shall be deemed to be waived unless submitted in writing within ten (10) working days after the first occurrence of the event or knowledge of the condition giving rise to the grievance. B. If a satisfactory settlement cannot be reached within five (5) working days after being submitted in writing, either party to the dispute may submit the matter to be resolved through arbitration. The selection of an arbitrator and the arbitration hearing shall be conducted by and under the rules of the Federal Mediation and Conciliation Service. C. The Employer and the Union will share equally all fees and expenses of the Arbitrator. The decision of the Arbitrator shall be final and binding on signatories to this Agreement who are parties to the dispute, provided, however, that the Arbitrator shall have no power to add, delete, or modify any provisions of this Agreement. D. All work and other conditions prevailing immediately prior to the raising of the question to be decided under this article shall remain unchanged until final decision has been reached hereunder.
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GRIEVANCES, DISPUTES AND ARBITRATION‌. Section 1. Any controversy over the interpretation of, or adherence to the terms of this Agreement shall first be attempted to be resolved between the Union and the Employer. Any controversy or grievance shall be deemed to be waived unless submitted in writing within ten
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GRIEVANCES, DISPUTES AND ARBITRATION‌. A. Any controversy over the interpretation of or adherence to the terms of this Agreement shall first be attempted to be resolved between the Union and the Employer. Any controversy or grievance shall be deemed to be waived unless submitted in writing within ten (l0) working days after the first occurrence of the event or knowledge of the condition giving rise to the grievance. Either the Employer or the Union may file a grievance over the interpretation or adherence to the terms of this Agreement. B. The party against whom the grievance was files shall respond in writing to the grievance within ten (10) working days of the filing of the grievance. Either party to the dispute may confer with the other party at any point during the grievance process to attempt to reach a satisfactory settlement. Any settlement reached pursuant to such a conference shall be confirmed in writing and signed by the parties. C. If a satisfactory settlement cannot be reached within five (5) working days the matter may be brought to the AGC-Basic Trades Dispute Board if both parties agree in writing. In such case the grieving party shall submit a written statement of the claim and facts of the matter to other parties including the Employer, the Union and the AGC. (The rules of the Disputes Board shall be those already adopted by the Joint Committee). Both parties must sign the Agreement to bring the matter to the Disputes Board. Both parties must sign the document binding them to the Board decision. If either party does not attend the meeting after signing above and being notified of the meeting date and time, a decision will be rendered though they are not present. Decisions of the Disputes Board will be drafted at the conclusion of the meeting, signed by members of the Board, and distributed to both parties at that time. D. The disputes board is to be made up of equal numbers of Management and Labor representatives, who will meet regularly to settle any disputes, (other than jurisdictional disputes) to avoid work stoppages, or other problems affecting productivity. This Board shall have no power to add to, delete, or modify, any of the terms or provisions of this Agreement. All decisions of the Disputes Board shall be final and binding on the parties. If either party, after signing above documents, refuses to abide by the decision of the Disputes Board, economic action may be taken by the other party. E. Should the Disputes Board, as established, be unable to reach a decision on...
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GRIEVANCES, DISPUTES AND ARBITRATION‌. A. There shall be established a Joint Trade Board, which shall have charge of the enforcement and interpretation of the working agreement, as well as duties specifically mentioned herein. B. Each grievance shall be deemed to be waived unless submitted in writing to the parties for resolution within ten (10) days after the event giving rise to the grievance occurs. A copy thereof shall be sent to the Association. The parties to a dispute shall endeavor to resolve the dispute prior to a meeting of the Joint Trade Board. If the parties are unable to resolve the dispute, the Joint Trade Board shall meet to settle the dispute. They shall meet no less than thirty (30) days after any written notice of a grievance to settle a dispute. The parties to a dispute shall be notified no less than 14 calendar days prior to a meeting of the Board. The parties to a dispute may mutually agree to waive any or all of the deadlines contained in this paragraph. C. The Union and the Employers shall elect or appoint three (3) members each, and such members shall serve until their successors have been appointed. The Joint Trade Board shall elect a Chairperson and a Secretary from the committee. The duties of the Chairperson shall be to conduct all meetings of the committee. The duties of the Secretary shall be to keep a complete record of the minutes of meetings and correspondence, and shall notify Board members of any special meeting called by the Union and/or contractors. The Secretary shall furnish each member with a legible copy of all minutes and correspondence. The Board may unanimously agree to appoint a third-party Facilitator to carry out the note taking or meeting-chair duties of either or both of the officers under the direction of the Board. The Facilitator may be present in board deliberations but shall have no voting power on issues that come before the Board. The Facilitator is subject to removal at any time by any member of the Joint Trade Board. D. Decisions or orders of the Joint Trade Board shall be signed by the Chairperson or Secretary and distributed to the parties to the dispute. Such decisions and orders shall be final and binding. H. If the Joint Trade Board is unable to arrive at a mutually agreeable solution to a problem brought before it, or otherwise unanimously agrees, it may select a neutral arbitrator to hear the case and issue a decision, which shall be final and binding on all parties involved. The neutral arbitrator shall be selected by the Joint ...
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GRIEVANCES, DISPUTES AND ARBITRATION‌. Section 1. Any controversy over the interpretation of, or adherence to the terms of this Agreement shall first be attempted to be resolved between the Union and the Employer. Any controversy or grievance shall be deemed to be waived unless submitted in writing within ten (10) working days after the first occurrence of the event or knowledge of the condition giving rise to the grievance. Section 2. If a satisfactory settlement cannot be reached within five (5) working days the matter may be referred to Arbitration. Within ten (10) working days after the dispute is referred to Arbitration the parties shall ask the Federal Mediation and Conciliation Service for a list of five (5) Arbitrators from which the aggrieved party shall first strike one (1) name and the other party shall then strike one (1) name, and the parties will alternately strike names until there is one (1) name left. The final name shall be selected as the Arbitrator. The Arbitrator shall set the time and place for hearings, which shall begin no later than ten (10) working days after the last hearing is held. The time may be extended by mutual agreement between the parties.
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Related to GRIEVANCES, DISPUTES AND ARBITRATION‌

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • GRIEVANCES AND ARBITRATION Should any dispute or grievance arise be­ tween the Employer and the Union or be­ tween the Employer and its employees, con­ cerning the application and/or construction of this Contract, the parties agree that such matter shall be adjusted, if possible, by ne­ gotiations. In the event the dispute or griev­ ance cannot be resolved by negotiations within fifteen (15) days after the inception of the matter in dispute, then it shall be sub­ mitted immediately to a Board of Arbitra­ tion, consisting of three (3) persons, for final and binding decision. Either party may in­ stitute said arbitration proceedings by giving the other party notice thereof in writing, naming one person to act on his behalf on said Arbitration Board; and the other party shall, within five (5) days after receipt of such written notice, name one person to act on his behalf on said Arbitration Board. These two so selected shall designate the third member or referee of the Board. In the event these two so selected shall be unable, within fifteen (15) days, to agree upon the third member or referee, then the third mem­ ber of the Board shall forthwith be desig­ nated under the rules and procedures of the Federal Mediation and Conciliation Service. The Board shall hold hearings and render its decision in writing within thirty (30) days with respect to a dispute under Article I, Section 1.2(d) and within ninety (90) days with respect to any other dispute. The Board’s decision shall be final and binding upon the grievant employee, the Union and the Employer. The decision of any two mem­ bers of the Board shall be the decision of the Board. If the parties shall agree upon one person to act as Arbitrator, his decision shall be as binding as that of a Board of Arbitra­ tion. The compensation and expense, if any, of witnesses and the cost of other evidence shall be borne by the party on whose behalf witnesses are called or the evidence is in­ troduced. Each party shall pay for the com­ pensation and expenses of the Arbitrator appointed by it. The compensation and ex­ penses of the third Arbitrator and all other costs incurred in conducting the arbitration proceedings shall be borne equally by the parties hereto.

  • Disputes; Arbitration (a) If a dispute arises between the parties, the parties agree that their respective representatives shall meet and consult in good faith and attempt to settle the dispute, within thirty (30) days of written notice thereof, as a condition precedent to the initiation of arbitration proceedings as set forth herein. Notwithstanding any other provision of this Agreement to the contrary, the parties hereto agree that any and all disputes with respect to any claim pursuant to the provisions of this Agreement, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a panel of three (3) arbitrators appointed pursuant to such Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. Such arbitrators shall not have the authority or power to reform, alter, amend or modify any of the terms or conditions of this Agreement or to enter an award which reforms, alters, amends or modifies such terms or conditions. Notwithstanding the forgoing, the arbitrators shall have no authority to award any punitive damages except upon proof of fraud with intent to deceive. The decision of such arbitrators shall be in writing, setting forth both findings of fact and conclusions of law, and shall be final and conclusive upon the parties; and no suit at law or in equity based on such dispute, controversy or claim shall be instituted by any party hereto, other than to enforce the award of such arbitrators. Such arbitration shall be conducted in Denver, Colorado or in such other location as the parties thereto may agree. (b) In the event of a dispute, the prevailing party shall be entitled to be reimbursed by the non-prevailing party or parties for such prevailing party's reasonable attorney's fees and other expenses. (c) The parties agree that as precondition to the commencement of arbitration by any party, the dispute must be submitted to non-binding mediation with a mediator agreed to by both parties. If the parties cannot agree on a mediator within fourteen (14) days from the date of a request for mediation, the dispute will be mediated by a person selected in accordance with the rules of the American Arbitration Association.

  • GRIEVANCE AND ARBITRATION Full-Time and Part-Time 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a Union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate . The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.