Common use of Option Choice and Timing Clause in Contracts

Option Choice and Timing. Either party may choose to implement the investiga- tion procedure provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution to the difference. The party wishing to use the investigation procedure shall notify the other party of the decision, within five (5) working days of the receipt of the reply at the last step of the grievance procedure. Such notification must be in writing. The party receiving notification may refuse to accept the investigator procedure, in which case the arbitra- tion provisions of this agreement are then available and the time limit contained in that Article begins to run from the date of the refusal decision being deliv- ered in writing. No reasons for the refusal need be given, and such refusal must be submitted within five (5)working days. While the grievance investigation process is intended to yield only non-binding recommendations, the parties may agree that the recommendations will represent a binding award, in the manner of an arbitration award. Such agreement must be made in advance of the appointment of the Investigator.

Option Choice and Timing. Either party may choose to implement the investiga- tion procedure provided that all steps of the grievance procedure, prior to reference to arbitration, have been exhausted without a resolution to of the difference. The party wishing to use the investigation procedure shall notify the other party of the decision, within five (5) working 5)working days of the receipt of the reply at the last step of the grievance procedure. Such notification must be in writing. The party receiving notification may refuse to accept the investigator procedure, in which case the arbitra- tion provisions of this agreement are then available and the time limit contained in that Article article begins to run from the date of the refusal decision being deliv- ered in writing. No reasons for the refusal need be given, and such refusal must be submitted within five (5)working working days. While the grievance investigation process is intended to yield only non-binding recommendations, the parties may agree that the recommendations will represent a binding award, in the manner of an arbitration award. Such agreement must be made in advance of the appointment of the Investigator.