ISSUES IN DISPUTE. The Union will forward a brief summary of its case identifying particulars and any reliance authorities to the Employer and the Arbitrator at least ten (10) calendar days in advance of the scheduled date of the mediation – arbitration. The Employer will respond in kind within five (5) calendar days of receipt of the Union’s summary. In reverse onus situations, the Employer will provide its brief first and the above timelines shall apply.
ISSUES IN DISPUTE. The Association will forward a brief summary of its case identifying particulars and any reliance authorities to the Employer and the Arbitrator at least ten (10) days in advance of the scheduled date of the mediation – arbitration. The Employer will respond in kind within five (5) days of receipt of the Association’s summary. In reverse onus situations the Employer will provide its brief first and the above timelines shall apply.
ISSUES IN DISPUTE. Within seven (7) calendar days of the service of a demand that the arbitrator selection process begin, the representatives of the parties shall meet and develop a written list of those issues that remain in dispute. The representatives shall prepare a Stipulation of Issues in Dispute for each party to then execute and for submission at the beginning of the arbitration hearing. The parties agree that only those issues listed in the Stipulation shall be submitted to the arbitrator for decision and award.
ISSUES IN DISPUTE. The Union aggrieved party will forward a brief summary of its case identifying particulars and any reliance authorities to the Employer other party and the Arbitrator at least ten
ISSUES IN DISPUTE. The application for appointment will specify the issues that are in dispute, the position of the initiating Party as to those issues, the identity of the Parties with whom the initiating Party is in dispute, and will state the remedy that the initiating Party seeks.
ISSUES IN DISPUTE. 1. Do the provisions of C.2.2 include the right to port seniority after a break in service; and
ISSUES IN DISPUTE a. Weekly preparation time and the obligation to make up preparation time for statutory holidays and non-instructional days (NIDS)
ISSUES IN DISPUTE. 2.1 The Tribe and County are involved in a number of legal disputes which are summarized below. This Agreement is intended to settle these disputes and to provide a mechanism to resolve other controversies that may arise under this Agreement in the future. The disputed issues include:
ISSUES IN DISPUTE. 13. The Union and the Employer provided the Board with extensive written briefs that were supplemented by strong presentations by those representing the parties. In summary, the Employer took the position that the evidence supported an Award reflecting the terms and conditions set out in the unratified MOS. The Union took the position that the MOS represented a starting point but, given the membership’s rejection of that document, it submitted that the MOS was self-evidently insufficient to satisfy the needs of the bargaining unit. Accordingly, it was argued that the unratified MOS could not be taken as representing what the parties would have negotiated in what is referred to as “free collective bargaining” (i.e. in a strike/lockout environment). The difficulty with this argument is that the bargaining unit’s rejection of the MOS has to be understood in the context of the reality that there can be no strike or lockout for these parties. When a party in this sector rejects a MOS, it does so in the knowledge that it will not be faced with the reality of a strike or lockout. Rather, that party knows that there will be no interruption of operations (and, therefore, of wages and benefits) and that, instead, the dispute will be forwarded to interest arbitration. Accordingly, it cannot be said that the MOS can only represent a “starting point” for the Award given one parties’ rejection of it. It may well be, and often is the case, that the unratified MOS is also the finishing point for the Award. Whether that is the outcome or not depends on whether the Board is satisfied on all the evidence that the MOS, in fact, represents the bargain that would have been achieved had the parties otherwise been required to use a strike or lockout to create the economic pressure necessary to cause the other side to accede to its demands.
