Common use of Notice and Procedure Clause in Contracts

Notice and Procedure. If the aggrieved is not satisfied with the previous decision or VTA’s response concerning a grievance filed under Section 18 or 19, or ATU’s response concerning a grievance filed under Section 19, s/he may request an arbitration within 90 days after receipt of the decision or response from the informal hearing. However, all liability shall be tolled after 30 days from the date of receipt of the decision of the informal hearing if the request for arbitration is not made before the passage of said 30 days. A party who fails to adhere to the 90 day time limit shall forfeit its case. Within 20 calendar days after the receipt of the notice requesting arbitration, the Union and VTA shall select a neutral arbitrator from a list of seven qualified arbitrators, furnished by the Federal or State Mediation and Conciliation Service. Either party may reject the first list. The parties shall flip a coin to determine who strikes first, at which time alternative striking between the parties shall be conducted. If the selected person is unable to serve, the parties shall request a new list from the Federal or State Mediation and Conciliation Service and strike names as before. In discharge cases, the arbitrator selection will occur within 60 days. Every effort by the parties shall be made to schedule the hearing date within ninety 90 days of the selection of the arbitrator. Where this is not practical, the hearing date shall be scheduled on a date all parties are available. In all other cases, unless mutually agreed to the contrary, each party shall designate an arbitrator to sit with the neutral arbitrator as a panel. A panel of arbitrators, one from VTA, one from the Union, and a neutral arbitrator shall decide the issues submitted to it pursuant to this Section. The three arbitrators shall hold a hearing and receive evidence and argument on the issue(s) submitted to them. Arbitration shall be limited to the issues specifically set forth in the written grievance or the notice of dismissal or discipline which have not been resolved after the completion of the hearing procedures in Section 18 or Section 19 of this Part A. The majority decision shall be submitted in writing to VTA and the Union and shall be final and binding upon all parties. Arbitrators are requested to expedite their decisions as VTA and ATU normally expect a decision to be issued within 20 days after the conclusion of the hearing.