Appointment of an Arbitrator. The grieving Party shall propose three (3) arbitrators to the responding Party. If the responding Party cannot agree to the appointment of any of these three (3) candidates, it shall propose three (3) arbitrators to the grieving Party. If none of these three (3) candidates are acceptable to the grieving Party, the Minister of Labour for the Province of Ontario shall be requested to appoint the Arbitrator.
Appointment of an Arbitrator. The parties hereby authorize and appoint the persons listed in Appendix B to serve as a panel of arbitrators on a rotating basis for the duration of this Collective Agreement. In the event of a grievance proceeding to Step 3, the arbitrators will be requested to serve singly according to the order in which they are listed in Appendix B. If an arbitrator is not available within a reasonable period of time, but in any case not to exceed three (3) months, the next arbitrator in order will be selected and so on until one of the arbitrators is available. For the next arbitration thereafter, the arbitrator who was listed after the arbitrator last selected will be next in line. By mutual consent, however, any listed arbitrator may be selected out of turn. If none of the arbitrators are available within a reasonable time, but in any case not to exceed three (3) months, an arbitrator outside the panel will be selected by mutual agreement. If such agreement cannot be reached within twenty (20) working days, the parties agree to request the Minister of Labour for authority to appoint an arbitrator in accordance with the provisions of Section 48 (4) of the Ontario Labour Relations Act. It is agreed, however, that by mutual consent, any of the names may be stricken from the list during periods when no arbitrations are pending by either party on one (1) month's written notice, provided that the parties agree to replace those names stricken from the list within one (1) month following such notice. No person may be appointed as an arbitrator who has been involved as a mediator for the grievance in process.
Appointment of an Arbitrator. 20.01 Grievances shall be heard by a single arbitrator.
Appointment of an Arbitrator. All disputes subject to this Arbitration Agreement, shall be determined by binding arbitration before: ¨ a retired judge of the applicable court of jurisdiction (e.g., the Superior Court of the State of California) affiliated with Judicial Arbitration & Mediation Services, Inc. (“JAMS”), v the American Arbitration Association (“AAA”) under its commercial arbitration rules, ¨ , or as may be otherwise mutually agreed by Lessor and Lessee (the “Arbitrator”). Such arbitration shall be initiated by the Parties, or either of them, within ten (10) days after either party sends written notice (the “Arbitration Notice”) of a demand to arbitrate by registered or certified mail to the other party and to the Arbitrator. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. If the Parties have agreed to use JAMS they may agree on a retired judge from the JAMS panel. If they are unable to agree within ten days, JAMS will provide a list of three available judges and each party may strike one. The remaining judge (or if there are two, the one selected by JAMS) will serve as the Arbitrator. If the Parties have elected to utilize AAA or some other organization, the Arbitrator shall be selected in accordance with said organization’s rules. In the event the Arbitrator is not selected as provided for above for any reason, the party initiating arbitration shall apply to the appropriate Court for the appointment of a qualified retired judge to act as the Arbitrator.
Appointment of an Arbitrator. The grievance shall be submitted to a sole arbitrator chosen by mutual agreement. If the parties fail to agree upon a neutral arbitrator within fifteen (15) working days (excluding Saturday, Sunday and General Holidays) after either party has served written notice on the other party of its intention to refer the matter to a neutral arbitrator, the Minister of Labour will be requested to appoint a neutral arbitrator. In cases whereby several cases of a disciplinary nature are the subject of grievances for an employee or a group of employees, the parties may agree to have them heard individually by the same arbitrator.
Appointment of an Arbitrator. 20.2.2 When either party requests that a grievance be submitted to Arbitration, the request shall be made in writing to the other party of the Agreement. The name of the individual requested to serve as Arbitrator by the applicant, for the matter shall be included.
Appointment of an Arbitrator. The following four (4) Arbitrators will be appointed on a rotation basis, subject to availability within ninety (90) days of application as the single arbitrator to resolve outstanding disputes. Xxxx Xxxxxx Xxx Xxxxxx Xxxxx XxXxxxxxxx Xxxx XxXxxx If none of the above named arbitrators are available within ninety (90) days it will be referred to the Arbitrator on the list who can be available earliest.
Appointment of an Arbitrator. All disputes subject to this Arbitration Agreement, shall be determined by binding arbitration before: [ ] a retired judge of the applicable court of jurisdiction (e.g., the Superior Court of the State of California) affiliated with Judicial Arbitration & Mediation Services, Inc. ("JAMS"), [X] the American Arbitration Association ("AAA") under its commercial arbitration rules, [ ] ________________________________________________________________________________ _____________________________________, or as may be otherwise mutually agreed by Lessor and Lessee (the "Arbitrator"). Such arbitration shall be initiated by the Parties, or either of them, within ten (10) days after either party sends written notice (the "Arbitration Notice") of a demand to arbitrate by registered or certified mail to the other party and to the Arbitrator. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. If the Parties have agreed to use JAMS they may agree on a retired judge from the JAMS panel. If they are unable to agree within ten days, JAMS will provide a list of three available judges and each party may strike one. The remaining judge (or if there are two, the one selected by JAMS) will serve as the Arbitrator. If the Parties have elected to utilize AAA or some other organization, the Arbitrator shall be selected in accordance with said organization's rules. In the event the Arbitrator is not selected as provided for above for any reason, the party initiating arbitration shall apply to the appropriate Court for the appointment of a qualified retired judge to act as the Arbitrator.
Appointment of an Arbitrator. The Parties shall, by mutual agreement, appoint an arbitrator who is available within the next three months from the Arbitrators Association of British Columbia.
Appointment of an Arbitrator. The person of the arbitrator shall be determined by mutual agreement between the Board, or its designated representative, and the Association. Should the parties be unable to agree upon the person of an arbitrator within ten (10) days of the demand for arbitration, then arbitration shall be requested from the American Arbitration Association (AAA). If the grievance is not submitted to the AAA within thirty (30) days of the date of the demand for arbitration, the grievance shall be considered to be withdrawn with prejudice. Decisions of the arbitrator in matters of grievance shall be final and binding, except that they shall be subject to the Vermont Uniform Arbitration Act and the Rules of the American Arbitration Association. Costs of arbitration shall be borne by the parties to the grievance. The arbitrator shall have no power to add to, delete from, amend, ignore, or in any manner alter the existing Agreement. Costs of transcripts and witnesses, if any, shall be borne by the party requiring the same. It is agreed that the arbitrator is empowered to award only compensatory damages and interest and that the arbitrator shall have no authority to award attorney fees. Neither the Board nor the Association will be permitted to assert any grounds before the arbitrator which were not disclosed to the other party prior to the hearing.
