Tripartite Arbitration Sample Clauses

The Tripartite Arbitration clause establishes a process where disputes are resolved by a panel of three arbitrators rather than a single arbitrator. Typically, each party to the dispute selects one arbitrator, and those two arbitrators jointly choose a third, neutral arbitrator to complete the panel. This structure ensures that both parties have input into the composition of the tribunal, promoting fairness and impartiality. The core function of this clause is to provide a balanced and equitable method for resolving disputes, reducing the risk of bias and increasing confidence in the arbitration outcome.
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Tripartite Arbitration. The parties will establish a permanent arbitration panel consisting of a senior staff member from each party (“partisan arbitrators”) and a neutral arbitrator selected by the partisan arbitrators. The panel will schedule at least one meeting each month. This process is designed to deal with cases with lesser complexity and consequences such as discipline of minor suspensions and lower, or minor contract interpretation cases. Cases will be resolved or decided through the following steps: First, the parties will schedule mediation with a neutral arbitrator. The parties will schedule 2 cases per day to mediate, which will occur at least once each month. If mediation is unsuccessful, the parties will proceed to an expedited hearing, unless either party chooses to have the case administered by LRC. If AFSCME chooses to have the arbitration processed by the LRC pursuant to the LRC’s standard procedures, AFSCME will file the demand for arbitration with LRC within twenty (20) workdays following the mediation. If the State chooses to have the case processed by the LRC, it will notify AFSCME within fifteen (15) workdays after the mediation, and AFSCME will file the demand with the LRC within twenty (20) workdays after being so-informed. At the expedited hearing, the aforementioned partisan arbitrators will both sit on the panel, as well as a neutral arbitrator. The parties agree that if a case before a neutral arbitrator was mediated, but does not settle, that the parties will not use that arbitrator to preside over the subsequent expedited hearing. The parties will utilize Labor Representatives and Senior Labor Relations Specialists (or the equivalent) as advocates, who will present opening statements and evidence in the form of sworn witness testimony and documents. The neutral arbitrator will chair the hearing, with the goal of ensuring a clear and concise presentation of the relevant evidence and arguments in a respectful and non-litigious atmosphere. While the parties retain the same right to present evidence as under traditional arbitration, the neutral arbitrator may limit the introduction of any evidence not essential to the outcome of the arbitration, and will ensure that the record is completed promptly and efficiently. The advocates will close orally as opposed to writing post-hearing briefs. One hearing will be scheduled per day, and the parties will make every effort to only schedule cases that can be decided in a single day. The neutral arbitrator will...
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Tripartite Arbitration. The parties will establish a permanent arbitration panel consisting of a senior staff member from each side (“partisan arbitrators”) and a neutral arbitrator selected by the partisan arbitrators. The panel will schedule at least one meeting each month. Cases will be resolved or decided through the following five steps: a. Conference between parties’ advocates and partisan arbitrators:
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Tripartite Arbitration. 19.4.1 The Parties recognize that the resolution of certain claims, disputes or controversies arising out of or relating to this Agreement may have implications for the performance by Supplier of its obligations under the Comgás-Supplier Agreement; likewise, the resolution of certain claims, disputes or controversies arising out of or relating to the Comgás-Supplier Agreement may have implications for the rights and obligations of the Parties under this Agreement. Accordingly, in the event of commencement of arbitration proceedings under this Agreement, whose outcome may have implications for the rights and/or obligations of Supplier under the Comgás-Supplier Agreement, or in the event the resolution of a dispute by arbitration under the Comgás-Supplier Agreement may have implications for the rights and/or obligations of the Parties under this Agreement, it is agreed that: (a) the Parties and/or Supplier may consolidate in a single Tripartite Arbitration the disputes arising out of this Agreement and the disputes arising out of the Comgás-Supplier Agreement, (b) the Comgás-Supplier Agreement shall confer on the User the right to join any arbitration conducted under the Comgás-Supplier Agreement that meets the requirements in this item; (c) Supplier may join any Arbitration conducted under this Agreement that meets the requirements in this item; and (d) Comgás may require that the User join any arbitration conducted under the Comgás-Supplier Agreement that meets the requirements in this item (each a “Tripartite Arbitration”). 19.4.2 In the event arbitration is commenced under the Comgás-Supplier Agreement, Comgás shall give Notice of such fact to the User within no more than 5 days from such commencement. In such case or in the case of Arbitration instituted under item 19.1.2 hereof, the Parties shall within no more than sixty (60) days from request for Arbitration confirm institution of Tripartite Arbitration. In the event the Parties decide to consolidate arbitrations and in the event the Parties and Supplier join a Tripartite Arbitration, the Parties shall abandon any separate arbitration then pending whose subject matter is encompassed by such Tripartite Arbitration and shall assert any and all claims and counterclaims with regard to their dispute(s) in such Tripartite Arbitration, in keeping with the procedures established for such Tripartite Arbitration. 19.4.3 In the event the Parties and Supplier are unable to come to a consensus as to institution o...
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Related to Tripartite Arbitration

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • 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 ARBITRATION Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Step Four - Arbitration 1. With respect to all non-disciplinary grievances and disciplinary cases involving the discharge, suspension of three (3) days or more, or the reduction in rank, the OPBA may make a written request that the decision of the underlying grievance be submitted to binding arbitration pursuant to Step Four, hereunder. A written request for appellate arbitration must be submitted to the other party within fourteen (14) calendar days following such party’s receipt of the written decision at Step 3. In the event the decision at Step 3 is not referred to arbitration within the time limits prescribed, the decision of the Trustees or Designee shall be final and binding upon the OPBA, the member and the Township. 2. Upon receipt of a request for appellate arbitration, the Township and the OPBA shall, within fourteen (14) calendar days following the request for arbitration, jointly agree to an arbitrator or request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within fourteen (14) calendar days from the date the list is received. The parties shall use the alternate strike method from the list of seven (7) arbitrators submitted to the parties by the FMCS. The party requesting the arbitration shall be the first (1st) to strike a name and alternate in this manner until one (1) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the right to elect to reject the list in its entirety and to request the submission of a new seven (7) member panel, which election may only be exercised once. All procedures relative to the hearing shall be in accordance with the rules and regulations of the FMCS. The arbitrator shall hold the appellate arbitration promptly and issue a decision within a reasonable time thereafter. 3. The arbitrator shall determine the grievance in accordance with the terms of the Agreement in effect on the date of the incident giving rise to the grievance. 4. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any provision of this Agreement. The arbitrator shall be confined solely to the issues submitted for arbitration. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. In cases of discharge, suspension or reduction in rank, the arbitrator shall have the authority to order modification of said discipline for the offense charged. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to no earlier time than forty-five (45) calendar days prior to the date the grievance was presented to the Township in Step One of the Grievance Procedure. 5. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non- arbitrable or beyond the arbitrator’s jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is not arbitrable, the arbitrator shall render no decision on the merits. 6. The decision of the arbitrator shall be final and binding upon the OPBA, the member and the Township. Any cost involved in obtaining the list of arbitrators shall be equally divided between the Township and the OPBA. All costs directly related to the services of the arbitrator shall be paid by the losing party. Expenses, if any, of the witnesses shall be borne by the party calling the witness except that member witnesses on duty time shall not lose any wages due from the Township. The fees of the court reporter shall be paid by the party asking for one. The fees of the court reporter shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript. The Township shall not incur any overtime expense as a result of this Step.