Common use of Negotiations and Arbitration Clause in Contracts

Negotiations and Arbitration. Section 1. The parties agree that the operations of the Cooperative upon which the employees covered in this Agreement are to be engaged are essential to the welfare of the Community served by it and recognize their obligations to furnish continuous electric service. Section 2. The Cooperative agrees to meet and treat with the duly accredited officers and committees of the Union in the following manner on differences that may arise between the Cooperative and the Union. (a) In case of any disagreement arising between the Cooperative and any employee and/or employees covered by this Agreement, it shall be handled in the following manner: Any dispute arising between the employee and/or employees and the Coop must be submitted in writing on an agreed form setting forth the nature of the dispute or the alleged violation of any provision of this Agreement within a five day period after the alleged violation or dispute arises. Three (3) copies of the written statement of grievance will be required. One (1) copy to be forwarded to the Coop office – One (1) copy to be forwarded to the Union office - Third copy retained by the employee and/or employees. (b) Upon receipt of the written statement of grievance by the Cooperative and the Union, a meeting will be held between two (2) representatives of the Cooperative and two (2) representatives of the Union and the aggrieved employee and/or employees within ten (10) days after receipt of the statement of grievance and together will endeavor to resolve the dispute at this meeting. (c) In the event that no satisfactory agreement is reached as set forth in subsection (b), the matter will be submitted immediately to arbitration for settlement. (d) Either or both parties shall notify Federal Mediation and Conciliation Service, Washington, D.C., for the purpose of obtaining fifth member who will serve as an impartial chairman of the grievance committee who will hear and consider the evidence submitted and render a decision on the grievance or grievances presented, and the decision rendered by such chairman will be final and binding on both parties. (e) Each party shall bear the expense of its own committee members and the expenses of the fifth member or impartial chairman shall be borne equally between both parties. Section 3. It is agreed that the procedure set forth in Section 2 above, may be initiated by either party to this Agreement. It is further agreed and understood that neither party to this Agreement will resort to other methods than those agreed in Section 2 to effect a settlement of differences.

Negotiations and Arbitration. Section 1. The 4.01 Both parties agree that the operations of the Cooperative upon which the employees covered in this Agreement are to be engaged are essential to the welfare of the Community community served by it and recognize their obligations to furnish continuous electric telephone service. Accordingly, the Union and the Cooperative both agree not to perform any act which will result in the interruption of telephone service to the members of the Cooperative. Section 2. 4.02 The Cooperative agrees to meet and to treat with the duly accredited officers and committees of the Union in the following manner on differences that may arise between the Cooperative and the Union. (a) Section 4.03 The job ▇▇▇▇▇▇▇ shall endeavor to settle all minor differences with the Manger of the Cooperative. In case they are unable to agree, the representative of the Local Union of the Brotherhood, who may be accompanied by a committee of the Cooperative’s employees, shall be called and he will deal with the Manager of the Cooperative. Section 4.04 In case of any disagreement arising between a failure to agree in this manner, the Business Manager and/or Assistant Business Manager of the Local Union who may be accompanied by a committee of employees of the Cooperative and any employee and/or employees covered by this Agreementshall endeavor to adjust all unsettled differences with the President of the Cooperative. In case of a failure to then reach an agreement, it the matter shall be handled submitted to arbitration in the following manner: Any dispute arising between manner provided in Section 4.05. Section 4.05 If the employee and/or employees and the Coop must be submitted in writing on an agreed form setting forth the nature of the dispute or the alleged violation of any provision of this Agreement within a five day period after the alleged violation or dispute arises. Three (3) copies of the written statement of grievance will be required. One (1) copy to be forwarded to the Coop office – One (1) copy to be forwarded to the Union office - Third copy retained is not settled by the employee and/or employees. (b) Upon receipt above procedure, the grievance may be appealed to arbitration by either party serving notice on the other, in writing, of their intent to arbitrate the written statement of grievance by issue. If the Cooperative and the UnionUnion agree on a single arbitrator, a meeting will the grievance shall be held between two (2) representatives of presented to the arbitrator for final determination. Should the Cooperative and two (2) representatives of the Union and the aggrieved employee and/or employees within ten (10) days after receipt of the statement of grievance and together will endeavor fail to resolve the dispute at this meeting. (c) In the event agree on a single arbitrator, they shall request that no satisfactory agreement is reached as set forth in subsection (b), the matter will be submitted immediately to arbitration for settlement. (d) Either or both parties shall notify Federal Mediation and Conciliation Service, Washington, D.C., for Service submit a panel of seven (7) arbitrators. Either party may reject one (1) panel in which case a new panel shall be requested. Each party shall alternatively strike one (1) name from the purpose of obtaining fifth member who will serve as an impartial chairman of the grievance committee who will hear and consider the evidence submitted and render a decision on the grievance or grievances presentedlist, and the decision rendered one (1) remaining name shall be the arbitrator. The expense of the arbitrator shall be shared equally by such chairman will the parties. Either party may order the proceedings to be final and binding on both parties. (e) Each recorded or transcribed, but whichever party does so, shall bear the expense cost of its own committee members and such record or transcription unless the expenses other party desires a copy, in which case the cost of the fifth member or impartial chairman shall be record is borne equally between both by the parties. Where the record is ordered and paid for by only one (1) party, a copy thereof will not be made available to the other party. Any such record shall become the official record of the proceedings. Section 3. It is agreed that 4.06 All grievances shall be reduced to writing and shall state the procedure set forth in Section 2 abovearticle and specific section of the Agreement alleged to have been violated, may be initiated by either party to this Agreement. It is further agreed a brief statement of the grievance, and understood that neither party to this Agreement will resort to other methods than those agreed in Section 2 to effect a settlement the date of differencesthe violation and the relief requested.