Common use of Arbitration Procedure Clause in Contracts

Arbitration Procedure. ‌ General Provisions The demand for arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.

Appears in 3 contracts

Samples: hr.nv.gov, hr.nv.gov, hr.nv.gov

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Arbitration Procedure. ‌ General Provisions The demand for If a grievance is not settled under the foregoing grievance process above, the Union may refer it to arbitration must be filed with the AAA or FMCS within thirty ten (3010) calendar days of the conclusion Operator’s decision, unless the parties mutually agreed to engage in Mediation and then the demand for arbitration may be served within ten (10) calendar days following the final date of mediation. No issues other than employee termination and interpretation or application of any economic provisions of this Agreement are arbitrable under this Agreement. The Union’s request for arbitration must be made in writing, by the tenth calendar day after the Operator’s answer to the last step in the grievance procedure has been served on the Union, or the grievance will be deemed to have been resolved on the basis of the formal mediation sessionOperator’s last answer and will not be arbitrable. Selecting It is understood and agreed that a decision of the Union not to exercise its right to request arbitration shall be final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. Once the grieving party properly refers the grievance to arbitration; the parties shall attempt to select an Arbitrator arbitrator. The parties will shall select an Arbitrator arbitrator by mutual agreement or by the process of alternatively striking an odd number of names supplied from a list of qualified arbitrators, including but not limited to a list provided by FMCS, until one name remains. The party to strike the first name shall be determined by a coin toss. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the AAA or FMCS Operator and will follow the Labor Arbitration Rules Union, and his decision shall be based solely upon an interpretation of the AAA or FMCS unless they agree otherwise in writingprovisions of this Agreement. Authority The award of the Arbitrator The Arbitrator will hear arguments on so appointed shall be final and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to binding upon the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power authority to alter, amend, add to, subtract fromfrom or otherwise modify or change the terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, alterunless the parties mutually agree otherwise. The cost of arbitration, or modify any which shall include the fees and expenses of the terms of Arbitrator, the Agreement, but may give appropriate interpretation or application to such terms Court Reporter and provide appropriate reliefthe transcript shall be borne equally by the parties. Each party shall pay one-half (1/2) any fees of its own representatives and witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be subject to arbitration. Since it is important that grievances and arbitrations be processed expeditiously, the number of days indicated at each level shall not be considered as merely procedural but shall be deemed of the essence and any grievance shall be waived if not appealed to the next step or to arbitration within the time limits set forth herein. In recognition of the special importance of resident care issues, allegations of resident care abuse by any employee of the facility shall be handled with special recognition of their seriousness and sensitivity. In cases involving resident care, the standard of whether the termination is appropriate shall be met if the Operator had a reasonable belief that the alleged actions or failure to act occurred. The Operator agrees to submit to the arbitrator the investigation that the State of Washington, Department of Health conducted on the incident in dispute. Upon review of that report the arbitrator shall give consideration in any findings he/she may render in the case. If the Arbitrator determines in a resident abuse case that the Operator had a reasonable belief the alleged actions or failure to act occurred, the termination should not be overturned except in extraordinary circumstances. In reviewing whether the Operator’s belief was reasonable, the Arbitrator’s fees review may include (1) the appropriateness of the Operator’s investigation: (2) the strength of the evidence supporting the allegation; (3) the employee’s work history; (4) the resident’s complaint history; (5) the resident’s cognitive ability; (6) physical evidence, if any; and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS(7) other such factors traditionally reviewed in disciplinary cases. The Arbitrator’s decision parties agree that the arbitrator shall be final accept a written statement signed by a resident, resident representative, or family member in lieu of sworn testimony and binding on it shall carry the same force and effect as if the resident, resident representative, or family member appeared and provided live testimony. Both parties subject only shall have equal access to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within such written statements at least thirty (30) days prior to the arbitration date. The parties agree that neither shall call a resident or patient as a witness. The Employer agrees to utilize its best efforts to encourage the resident, resident representative, or family member to speak with the Union Representative or Xxxxxxx in advance of receipt by both partiesany arbitration. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsThe Union Representative or Xxxxxxx shall treat the resident, grievance meetingsresident representative, informal or formal mediation sessions, family member with the utmost dignity and arbitration hearings scheduled in accordance with this Articlerespect. An employee will A representative of the Employer shall be allowed reasonable time permitted to travel attend such meeting(s). The Employer shall make available to and the Union the staff member(s) that took the statement from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorizedresident, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sundayresident representative, or legal holidayfamily member, so long as he or she is still employed. In terminations stemming from suspected or actual resident abuse, both the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by Union and the Employer agree to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance stipulate to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.following facts:

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, seiu775.org

Arbitration Procedure. ‌ General Provisions On or after the date of the notice to invoke arbitration, the moving party will request the Federal Mediation and Conciliation Service (FMCS) to provide a list of seven impartial persons to act as an arbitrator. The demand for arbitration must be filed with the AAA or FMCS parties shall meet within thirty (30) 10 calendar days after receipt of such list to select an arbitrator (this may be done by telephone for national level grievances). If the parties cannot mutually agree on one of the conclusion listed arbitrators, then the Department and the Union will alternatively strike one potential arbitrator’s name from the list of seven and will then repeat this procedure until one name remains. The remaining person shall be the formal mediation sessionduly selected arbitrator. Selecting an Arbitrator The parties will select an Arbitrator choose lots to determine who strikes the first name. Following the selection, the moving party will, within 14 calendar days, notify the FMCS of the name of the arbitrator selected. A copy of the notification will be served on the other party. The time limits may be extended by mutual agreement consent. The arbitration hearing date must be scheduled (not held) within six months from the date the arbitrator was selected or the grievance will be considered terminated. An exception to this time period will be made by alternatively striking names supplied by mutual consent to extend the AAA or FMCS and timeframes. Additionally, an exception will follow be made for inability on the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire arbitrator to provide a hearing date. Should the Department refuse to participate in scheduling the arbitration within the time frames set forth in this article, the Union may unilaterally schedule the arbitration hearing date. The procedures used to conduct an arbitration hearing shall be determined by the arbitrator. Both parties shall be entitled to call and decision- making processcross-examine witnesses before the arbitrator. All witnesses necessary for the arbitration will be on duty time if otherwise in a duty status. On sufficient advance notice from the Union, at the discretion of Department will rearrange necessary witnesses’ schedules and place them on duty during the Arbitratorarbitration hearing whenever practical. Although a decision Such schedule changes may be made orally, it without regard to contract provisions on Article 21 - Hours of Duty. A reasonable amount of preparation time for arbitration will be put granted in writing accordance with the provisions of Article 48 - Official Time and provided to local supplemental agreements. The arbitrator’s fees and expenses shall be borne equally by the parties. If either party requests a transcript, that party will bear the subject grievance involves the review entire cost of a suspension, demotion, or dismissal from State servicesuch transcript. For single station local grievances, the Arbitrator must determine site normally will be the reasonableness of facility where the Departmentgrievance exists. At the local union’s or Division’s decision by conducting a review in accordance with Nevada law in effect at request, another site may be designated upon mutual agreement. If another site is used, the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of local union will pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from site. For grievances at the AAA or national level, the FMCSDepartment and the NVAC President will communicate to work out a mutually agreeable site for the arbitration. The Arbitratorparties will attempt to submit a joint statement of the issue or issues to the arbitrator. If the parties fail to agree on a joint submission, each shall make a separate submission. The arbitrator shall determine the issue or issues to be heard. The arbitrator’s decision shall be final and binding on binding. However, either party may file an exception to the parties subject only to judicial review arbitrator’s award in accordance with applicable law and regulations. The arbitrator will be requested to render a decision within 60 days. Any dispute over the standard set forth in the Uniform Arbitration Act. Decisions interpretation of the Arbitrator an arbitrator’s award shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsreturned to the arbitrator for settlement, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Articleincluding remanded awards. An employee arbitrator’s award shall have only local application unless it was a national level grievance or the matter was elevated to the national level. Where it is mutually agreed between the NVAC President and the Department within 30 days after a local union has filed a notice for arbitration, an arbitration dispute will be allowed elevated to the national level. The arbitrator has full authority to award appropriate remedies including reasonable time legal fees pursuant to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of Section 702 of the Agreement under Civil Service Reform Act, in any case in which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementwarranted.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Arbitration Procedure. ‌ General Provisions The demand Company and Reinsurer intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 7.1(a)) be resolved without resort to any litigation. Accordingly, the Company and Reinsurer agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) calendar days (or such longer period as the parties may agree) after commencing such negotiations, the Company and Reinsurer agree that they will submit such dispute to arbitration in the manner specified in, and such arbitration proceeding will be conducted in accordance with, the Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes of the American Arbitration Association. The arbitration hearing will be before a panel of three (3) disinterested arbitrators, each of whom must be filed a present or former officer of a life insurance or life reinsurance company familiar with the AAA life reinsurance business, or FMCS other professionals with experience in life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of the Company or any of its Affiliates. The Company and Reinsurer will each appoint one arbitrator by written notification to the other party within thirty (30) calendar days after the date of the conclusion mailing of the formal mediation sessionnotification initiating the arbitration. Selecting These two arbitrators will then select the third arbitrator within sixty (60) calendar days after the date of the mailing of the notification initiating arbitration. If either the Company or Reinsurer fails to appoint an Arbitrator arbitrator, or should the two arbitrators be unable to agree upon the choice of a third arbitrator, the American Arbitration Association will appoint the necessary arbitrators within thirty (30) calendar days after the request to do so. The parties arbitrators shall base their decision on the terms and conditions of this Agreement. However, if the terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will select an Arbitrator by mutual agreement or by alternatively striking names supplied decide any question considered by the AAA or FMCS and will follow the Labor Arbitration Rules arbitrators. The place of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it arbitration will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established determined by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate reliefarbitrators. Each party shall pay one-half decision (1/2including, without limitation, each award) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall will be final and binding on all parties and will be nonappealable, except that (at the parties subject only to judicial review in accordance with request of either the standard set forth in the Uniform Arbitration Act. Decisions Company or Reinsurer) any award of the Arbitrator shall arbitrators may be enforced within thirty confirmed (30or, if appropriate, vacated) days of receipt by both partiesa judgment entered by the court specified in Section 11.4. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsNo such award or judgment will bear interest except as provided in Section 3.4. In no event may the arbitrators award punitive or exemplary damages. Each party will be responsible for paying (a) all fees and expenses charged by its respective counsel, grievance meetingsaccountants, informal or formal mediation sessionsactuaries, and other representatives in conjunction with such arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non(b) one-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions half of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, fees and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure expenses charged by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementeach arbitrator.

Appears in 3 contracts

Samples: Reinsurance Agreement (ING U.S., Inc.), Reinsurance Agreement (ING U.S., Inc.), Reinsurance Agreement (Voya Financial, Inc.)

Arbitration Procedure. ‌ General Provisions The demand for If a grievance is not settled under the Employer’s grievance policy, the Union may refer it to arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been served on the Union, or the grievance will be deemed to have been resolved on the basis of the formal mediation sessionEmployer’s last answer and will not be arbitrable. Selecting an It is understood and agreed that decision of the Union not to exercise its right to request arbitration shall be final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The parties will select an first strike shall be determined by a coin toss. The Union shall submit the unresolved grievance in writing to the Arbitrator by mutual agreement or by alternatively striking names supplied with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the AAA or FMCS Employer and will follow the Labor Arbitration Rules Union, and his decision shall be based solely upon an interpretation of the AAA or FMCS unless they agree otherwise in writingprovisions of this Agreement. Authority The award of the Arbitrator The Arbitrator will hear arguments on so appointed shall be final and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to binding upon the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power authority to alter, amend, add to, subtract fromfrom or otherwise modify or change the terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, alterunless the parties mutually agree otherwise. The cost of arbitration, or modify any which shall include the fees and expenses of the terms of Arbitrator, the Agreement, but may give appropriate interpretation or application to such terms Court Reporter and provide appropriate reliefthe transcript shall be borne equally by the parties. Each party shall pay one-half (1/2) any fees of the Arbitrator’s fees its own representatives and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCSwitnesses for time lost. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor Occurrences prior to requesting release from duty in accordance with this Article the execution date or subsequent to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term expiration date of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply subject to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementarbitration.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Arbitration Procedure. ‌ General Provisions Should the grievance be appealed to arbitration, the Union shall, within seven (7) calendar days, request from the FMCS a panel of seven (7) arbitrators specifying that said arbitrators be located as close to the Cincinnati area as possible. Within fourteen (14) calendar days of the receipt of the list of arbitrators, the College and the Union shall, by alternate striking of names, select an arbitrator from the list. A coin toss shall determine whether the Union or the College strikes from the panel first. The demand for arbitration must arbitrator shall hold the hearing promptly and be filed with the AAA or FMCS requested to issue his/her decision within thirty (30) calendar days after the record of the conclusion of hearing (including briefs) is closed. In rendering a decision, the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied arbitrator shall be bound by the AAA or FMCS and will follow provisions of this agreement. The arbitrator shall limit his/her decision strictly to the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its meritsinterpretation, application, or as part enforcement of the entire hearing and decision- making process, at the discretion those specific articles or sections of the Arbitrator. Although a decision may be made orally, it will be put this agreement in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration casequestion. The arbitrator's decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the caseconsistent with applicable law. The Arbitrator arbitrator shall not have no power the authority to add to, subtract from, altermodify, change, or alter any provision of this Agreement, nor add to, subtract from, or modify the language therein arriving at his determination on any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself/herself to the precise issues submitted for arbitration and shall have no authority to determine any other issues not submitted to him, or to submit observations or declarations of opinion which are not directly essential in reaching a decision on the issue in question. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right originated or to make any award based on rights arising under any previous agreement, grievance, or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this Agreement. The question of arbitrability of a grievance is to be determined by the arbitrator and may be raised by either party before the arbitration hearing of the terms grievance, on the grounds that the matter is not 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 arbitrable, the grievance will be heard on its merits before the same arbitrator. The decision of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision arbitrator shall be final and binding on upon the parties subject only Union, the College, and the employee. Any cost involved in obtaining the list of arbitrators shall be paid by the Union. All costs directly related to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions services of the Arbitrator arbitrator shall be enforced within thirty (30) days of receipt by both split 50/50 between the parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will Expenses of any witnesses shall be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representativeborne, if any, by the party calling the witness. The fees of the court reporter shall be paid by the party asking for one; such fees shall be split equally if both parties desire a court reporter's recording, or request a copy of any transcript. Should either party cancel a scheduled arbitration that results in the assessment of any fees by the arbitrator, the party canceling the arbitration shall pay the fees of the arbitrator. If, in the event a settlement is reached prior to comply arbitration and the arbitration hearing is jointly cancelled, the parties shall equally share the costs associated with the timelines in this Article will result in cancellation unless the automatic withdrawal settlement defines otherwise at which time the terms of the grievance with prejudice. Failure by settlement shall determine how the Employer fees are to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementpaid.

Appears in 2 contracts

Samples: Agreement, Agreement

Arbitration Procedure. ‌ General Provisions The demand Company and Reinsurer intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 7.1(a)) be resolved without resort to any litigation. Accordingly, the Company and Reinsurer agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) calendar days (or such longer period as the parties may agree) after commencing such negotiations, the Company and Reinsurer agree that they will submit such dispute to arbitration in the manner specified in, and such arbitration proceeding will be conducted in accordance with, the Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes of the American Arbitration Association. The arbitration hearing will be before a panel of three (3) disinterested arbitrators, each of whom must be filed a present or former officer of a life insurance or life reinsurance company familiar with the AAA life reinsurance business, or FMCS other professionals with experience in life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of the Company or any of its Affiliates. The Company and Reinsurer will each appoint one arbitrator by written notification to the other party within thirty (30) calendar days after the date of the conclusion mailing of the formal mediation sessionnotification initiating the arbitration. Selecting These two arbitrators will then select the third arbitrator within sixty (60) calendar days after the date of the mailing of the notification initiating arbitration. If either the Company or Reinsurer fails to appoint an Arbitrator arbitrator, or should the two arbitrators be unable to agree upon the choice of a third arbitrator, the American Arbitration Association will appoint the necessary arbitrators within thirty (30) calendar days after the request to do so. The parties arbitrators shall base their decision on the terms and conditions of this Agreement. However, if the terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will select an Arbitrator by mutual agreement or by alternatively striking names supplied decide any question considered by the AAA or FMCS and will follow the Labor Arbitration Rules arbitrators. The place of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it arbitration will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established determined by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate reliefarbitrators. Each party shall pay one-half decision (1/2including, without limitation, each award) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall will be final and binding on all parties and will be nonappealable, except that (at the parties subject only to judicial review in accordance with request of either the standard set forth in the Uniform Arbitration Act. Decisions Company or Reinsurer) any award of the Arbitrator shall arbitrators may be enforced within thirty confirmed (30or, if appropriate, vacated) days of receipt by both partiesa judgment entered by the court specified in Section 11.4. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsNo such award or judgment will bear interest except as provided in Section 3.3. In no event may the arbitrators award punitive or exemplary damages. Each party will be responsible for paying (a) all fees and expenses charged by its respective counsel, grievance meetingsaccountants, informal or formal mediation sessionsactuaries, and other representatives in conjunction with such arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non(b) one-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions half of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, fees and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure expenses charged by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementeach arbitrator.

Appears in 2 contracts

Samples: Reinsurance Agreement (ING U.S., Inc.), Reinsurance Agreement (ING U.S., Inc.)

Arbitration Procedure. ‌ General Provisions The demand for arbitration must be filed Any dispute not in accordance with the AAA or FMCS within thirty (30) calendar days of the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS Articles and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it submitted to an arbitrator who will be put in writing and provided to selected jointly by the parties. The party arbitration will serve notice of intent to arbitrate within sixty (60) days of receivingthe Company's decision and submit the name of at least one arbitrator to the other xxxxx. If the subject grievance involves parties are unable to agree on the review choice of a suspension, demotion, or dismissal from State servicean arbitrator within fifteen (15) days after notice of intent has been received, the Arbitrator must determine the reasonableness Minister of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When Labour be requested to appoint an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration casearbitrator. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented arbitrator have jurisdiction over matters placed in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of his hands under the terms of this Agreement. The arbitrator have no jurisdiction to modify, amend or make any decision inconsistent with the terms of this Agreement. The arbitrator establish his own procedure consistent with the of natural justice. The arbitrator have authority, but may give appropriate interpretation or in the case of a grievance appeal, to render any decision that is fair and equitable with regard to the interpretation, application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees Agreement and expenses to any grievance of a disciplinary nature. In the case of disciplinary or discharge the arbitrator have the authority to determine whether the disciplinary or discharge action taken by the Company was for just and proper cause. such or discharge the cost arbitrator may the Company's decision, fully exonerate and reinstate the Cabin Attendant with pay for time lost or render such other decision as he considers just and In the case of obtaining an arbitration where the names of arbitrators from decision has been to reinstate the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth Cabin Attendant, any adjustment in the Uniform Arbitration Act. Decisions of decision will be paid to the Arbitrator shall be enforced Cabin Attendant within thirty (30) days after receiving the decision. The arbitrator's decisions be and binding on the Union, the Company and the Cabin Attendant The Company provide the Union with a copy of receipt documents and materials relating to the grievance. For any arbitration hearing, Cabin Personnel as witnesses will be granted the time needed for their deposition as as their transportation on the Company's system. to each xxxxx will cover the costs of their respectivewitnesses. Compensation of the arbitrator and the expenses incurred by both partieshim be shared by each xxxxx. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsThe provisions of in no way limit, grievance meetingsrestrict or abridge any rights or privileges accorded to either party under the ARTICLE NO WORK INTERRUPTIONS In view of the organized procedure for settling grievances, informal or formal mediation sessionsno Cabin Attendant will go on strike, and arbitration hearings scheduled in accordance with the Union will not declare or authorize a strike by any of its Cabin Personnel; moreover, the Company agrees not to declare or order a lock-out against any Cabin Attendant until the requirements dictated by the Canada Labour Code have been met. Furthermore,the parties agree to refrain from any pressure tactics throughout the duration of this Agreement. For the purposes of this Article, the terms "strike" and "lock-out" have the same meanings as those used by the Canada Labour Code. An employee It is agreed that neither the Union nor Xxxxx Attendants will be allowed reasonable time interrupt work due to travel a dispute or a disagreement between individuals, companies, unions or associations that have not signed this Agreement, as long as the Company takes the necessary steps to and from ensure the meetings referenced abovesafety of its Cabin Personnel at all times during such conflicts. Time spent traveling during the employee’s non-work hours A Cabin Attendant, who refuses to attend meetings referenced above will cross a legal picket line of an airline union that has not signed this Agreement, may not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with for this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cansole reason alone if the did not use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion ensure his in accordance with the provisions paragraph. The Company agrees never to place its Cabin Personnel in contact with replacement workers (strike breakers) performing the duties that are normally the responsibility of Cabin Personnel or placed on the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used hereinCompany's flights, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representativeCompany, if any, to comply with the timelines in this Article will result in the automatic withdrawal anticipation of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementa possible dispute.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand Company and Reinsurer intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 7.1(a)) be resolved without resort to any litigation. Accordingly, the Company and Reinsurer agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) calendar days (or such longer period as the parties may agree) after commencing such negotiations, the Company and Reinsurer agree that they will submit such dispute to arbitration in the manner specified in, and such arbitration proceeding will be conducted in accordance with, the Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes of the American Arbitration Association. The arbitration hearing will be before a panel of three disinterested arbitrators, each of whom must be filed a present or former officer of a life insurance or life reinsurance company familiar with the AAA life reinsurance business, or FMCS other professionals with experience in life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of the Company or any of its Affiliates. The Company and Reinsurer will each appoint one arbitrator by written notification to the other party within thirty (30) calendar days after the date of the conclusion mailing of the formal mediation sessionnotification initiating the arbitration. Selecting These two arbitrators will then select the third arbitrator within sixty (60) calendar days after the date of the mailing of the notification initiating arbitration. If either the Company or Reinsurer fails to appoint an Arbitrator arbitrator, or should the two arbitrators be unable to agree upon the choice of a third arbitrator, the president of the American Arbitration Association will appoint the necessary arbitrators within thirty (30) calendar days after the request to do so. The parties arbitrators shall base their decision on the terms and conditions of this Agreement. However, if the terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will select an Arbitrator by mutual agreement or by alternatively striking names supplied decide any question considered by the AAA or FMCS and will follow the Labor Arbitration Rules arbitrators. The place of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it arbitration will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established determined by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate reliefarbitrators. Each party shall pay one-half decision (1/2including without limitation each award) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall will be final and binding on all parties and will be nonappealable, except that (at the parties subject only to judicial review in accordance with request of either the standard set forth in the Uniform Arbitration Act. Decisions Company or Reinsurer) any award of the Arbitrator shall arbitrators may be enforced within thirty confirmed (30or, if appropriate, vacated) days of receipt by both partiesa judgment entered by the court specified in Section 11.4. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsNo such award or judgment will bear interest except as provided in Section 3.2. In no event may the arbitrators award punitive or exemplary damages. Each party will be responsible for paying (a) all fees and expenses charged by its respective counsel, grievance meetingsaccountants, informal or formal mediation sessionsactuaries, and other representatives in conjunction with such arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non(b) one-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions half of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, fees and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure expenses charged by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementeach arbitrator.

Appears in 2 contracts

Samples: Coinsurance Agreement (Scottish Re Group LTD), Modified Coinsurance Agreement (Scottish Re Group LTD)

Arbitration Procedure. ‌ General Provisions If the Employer or the Union requests that a grievance as provided in Article be submitted to Arbitration, i t shall make such request in writing addressed to the other party, and at the same time nominate an Arbitrator. Within five working days thereafter the other party shall nominate an Arbitrator and notify the other party. The demand for arbitration must be filed with the AAA or FMCS two Arbitrators so nominated shall, within thirty (30) calendar fifteen working days of the conclusion nomination of the formal mediation session. Selecting an Arbitrator The parties will latter of them, attempt to select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS a third person to be a member and will follow the Labor Arbitration Rules Chairperson of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesArbitration Board. If the subject grievance involves the review of they are unable to agree on such a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration caseChairperson, they may appear without then request the loss Minister of pay if they appear during their work time, providing testimony given is related Labour for the Province of Ontario to their job function or involves matters they have witnessed and is relevant appoint a Chairperson. In the event of default by either party in nominating its representative to the arbitration caseArbitration Board, the other party may apply to the Minister o f Labour for the Province of Ontario who shall have power to effect such appointment. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to alter, modify, amend, add or delete any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to Arbitration which has not been properly carried through the Grievance Procedures, except that the parties by mutual written consent, may extend the time limits fixed in both the Grievance and Arbitration Procedures. No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive beyond seven days before the complaint was discussed with the Foreperson or as lodged by the Employer or Union under Section of Article The written decision of the Arbitrator shall be based upon majority o f the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall Arbitration Board will be final and binding on upon the parties subject only hereto, and the employees. Each of the parties hereto will bear the fees and expenses of the Arbitrator appointed by it, and the parties will jointly bear the fees and expenses of the Chairperson of the Arbitration Board. TERM I N AT I ON NOT I C E Should the employer terminate an employee for redundancy reasons or for cause, other than in extreme cases such as wilful misconduct, disobedience or wilful neglect of duty, the employee will be entitled to judicial review a combination of termination notice, and severance pay in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.following schedule:-

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand Company and Reinsurer intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 7.1(a)) be resolved without resort to any litigation. Accordingly, the Company and Reinsurer agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) calendar days (or such longer period as the parties may agree) after commencing such negotiations, the Company and Reinsurer agree that they will submit such dispute to arbitration in the manner specified in, and such arbitration proceeding will be conducted in accordance with, the Supplementary Rules for the Resolution of Intra-Industry U.S. Reinsurance and Insurance Disputes of the American Arbitration Association. The arbitration hearing will be before a panel of three (3) disinterested arbitrators, each of whom must be filed a present or former officer of a life insurance or life reinsurance company familiar with the AAA life reinsurance business, or FMCS other professionals with experience in life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of the Company or any of its Affiliates. The Company and Reinsurer will each appoint one arbitrator by written notification to the other party within thirty (30) calendar days after the date of the conclusion mailing of the formal mediation sessionnotification initiating the arbitration. Selecting These two arbitrators will then select the third arbitrator within sixty (60) calendar days after the date of the mailing of the notification initiating arbitration. If either the Company or Reinsurer fails to appoint an Arbitrator arbitrator, or should the two arbitrators be unable to agree upon the choice of a third arbitrator, the American Arbitration Association will appoint the necessary arbitrators within thirty (30) calendar days after the request to do so. The parties arbitrators shall base their decision on the terms and conditions of this Agreement. However, if the terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will select an Arbitrator by mutual agreement or by alternatively striking names supplied decide any question considered by the AAA or FMCS and will follow the Labor Arbitration Rules arbitrators. The place of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it arbitration will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established determined by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate reliefarbitrators. Each party shall pay one-half decision (1/2including, without limitation, each award) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall will be final and binding on all parties and will be nonappealable, except that (at the parties subject only to judicial review in accordance with request of either the standard set forth in the Uniform Arbitration Act. Decisions Company or Reinsurer) any award of the Arbitrator shall arbitrators may be enforced within thirty confirmed (30or, if appropriate, vacated) days of receipt by both partiesa judgment entered by the court specified in Section 11.4. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsNo such award or judgment will bear interest except as 18 provided in Section 3.3. In no event may the arbitrators award punitive or exemplary damages. Each party will be responsible for paying (a) all fees and expenses charged by its respective counsel, grievance meetingsaccountants, informal or formal mediation sessionsactuaries, and other representatives in conjunction with such arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non(b) one-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions half of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, fees and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure expenses charged by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementeach arbitrator.

Appears in 1 contract

Samples: Reinsurance Agreement (Voya Financial, Inc.)

Arbitration Procedure. ‌ General Provisions The demand for arbitration If a grievance is not settled in the course of the grievance procedure it may be referred to Arbitration by written notice signed by the President of or designate, and given to the Division of Human Resources, or vice versa, no later than twenty (20) days from the receipt of the answer at STEP THREE. This referral to Arbitration must be filed with the AAA or FMCS made within thirty twenty (3020) calendar days of the conclusion answer at STEP THREE of the formal mediation sessionGrievance Procedure, it being understood that this time limit is mandatory. Selecting an Arbitrator Grievances shall be heard by a Board of Arbitration. The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by party referring the AAA or FMCS and will follow grievance to Arbitration shall at the Labor Arbitration Rules same time name its appointee to the Board of Arbitration. The other party shall, within ten days, provide written notice of its appointee to the Board of Arbitration. The two appointees shall, within ten (IO) days, agree on the selection of the AAA or FMCS unless they agree otherwise in writing. Authority Chair of the Arbitrator The Arbitrator will hear arguments on and decide issues Board of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesArbitration. If the subject grievance involves appointees are unable to agree, either appointee may apply to the review Minister of Labour for the appointment of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness Chair of the Department’s or Division’s decision Board of Arbitration. Notwithstanding Article the parties may mutually agree in writing to proceed by conducting way of a review in accordance with Nevada law in effect at single arbitrator to hear the time grievance. If the parties are unable to agree within twenty (20) days of the Department’s or Division’s decision. When an employee is subpoenaed referral to Arbitration as a witness on behalf of to who will act as the grievant in an arbitration casesingle arbitrator, they either party may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant apply to the arbitration case. The decision Minister of Labour for the Arbitrator shall be based upon the facts established by the testimony and documents presented in the caseappointment of a single arbitrator. The Arbitrator or Arbitration Board shall have no power hear and determine the dispute referred to add toit, subtract fromand his, alter, her or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s its decision shall be final and binding on the parties subject only parties. The Arbitrator or Arbitration Board does not have any jurisdiction to judicial review in accordance with the standard set forth in the Uniform alter, amend, add to, or subtract from any provision of this Agreement. Each party shall bear its own legal expenses of Arbitration Actincluding its nominee to a Board of Arbitration. Decisions The fees and expenses of the Arbitrator Arbitrator, or the Chair of the Arbitration Board, shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of equally divided between the parties. This provision shall not apply No matter may be submitted to Arbitration hearings. Any of which has not been properly carried through the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance Grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in ARTICLE SENIORITY Seniority under this Article Agreement shall not apply to events which occur before the effective date of this Agreement.accrue as follows:

Appears in 1 contract

Samples: negotech.labour.gc.ca

Arbitration Procedure. ‌ General Provisions Should any grievance fail to be satisfactorily settled under the foregoing procedure, the Union may within ten (10) days notify the Employer in writing of its desire to submit the difference or allegation to arbitration. The demand Union and the Employer may agree upon an arbitrator to hear the matter, and for this purpose will exchange nominations. Failing agreement between the Union and the Employer within six (6) days as to the arbitrator to be appointed, the matter may be referred within four (4) days thereafter to a Board of Arbitration composed of three (3) members, and either the Union or the Employer may inform the other party in writing of its desire to submit the matter to arbitration must be filed with by a three (3) man board and the AAA or FMCS within thirty (30) calendar days notice shall contain the name of the conclusion first party's appointee to an arbitration board. The recipient of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by notice shall within ten (10) days advise the AAA or FMCS and will follow the Labor Arbitration Rules other party of the AAA or FMCS unless they agree otherwise in writingname of its appointee to the Arbitration Board. Authority The two (2) appointees so elected shall within five (5)days of the Arbitrator appointment of the second of them appoint a third person who shall be Chairman. The Arbitrator will hear arguments on and decide issues party seeking arbitration shall make the request for sole arbitration including proposed names of arbitrability through written briefs immediately prior sole arbitrator. If either party fails to hearing make the case on its meritsrequired appointments within the time designated, or if the two appointees fail to agree upon a third person as part Chairman, either or both parties may request The Office of Arbitration for the Province of Ontario to fill the vacancies. No person may act as an arbitrator who has been directly involved in attempts to negotiate or settle the grievance. Where it appears that two (2) or more employees have the same grievance or the same type of grievance, the Union shall process the grievances simultaneously and consecutively on all levels of the entire hearing and decision- making processgrievance, if necessary, subject to all applicable provisions under the grievance procedure. It is understood that each griever shall have the right to make her own submission at the discretion each level of the Arbitratorgrievance procedure. Although Collective Agreement Manor Page If there should be an accumulation of grievances to be referred to arbitration, one Board of Arbitration shall be constituted to deal with all such grievance disputes. The Arbitration Board shall hear and determine the difference and shall issue a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board but, if there is no majority, the decision of the Chairman shall govern. The decision shall be discussed by the Arbitration Board with all members of the Board present before it is rendered to the parties subject involved. Authority of Arbitration Board. It is understood and agreed that the Arbitration Board shall have authority only to judicial review in accordance with settle disputes under the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term terms of this Agreement will be processed and may only interpret and apply this Agreement to completion in accordance with the provisions facts of the Agreement under which it was filedparticular grievance involved. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written Only grievances and responses will be maintained separately arising from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders interpretation, application, administration or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date alleged violation of this Agreement., including a question as to whether a matter is arbitrable, shall be arbitrable. In dealing with matters of discipline, disciplinary demotion or transfer, the conferring parties or Board of Arbitration shall have power to:

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand for arbitration must When either party requests that a grievance be filed with submitted to arbitration, such party shall make the AAA or FMCS request in writing addressed to the other party to this agreement within thirty fifteen (3015) calendar days of the conclusion answer to Step of the formal mediation sessiongrievance procedure. Selecting an Arbitrator The Within five days thereafter, the parties will shall by agreement to select an arbitrator. If they unable to agree within said five (5) day period on the appointment of an arbitrator, they may request the Minister of Labour, for the Province of Ontario, to assist them in selecting the arbitrator. Page No person may be appointed as Arbitrator by mutual agreement who has been involved in an attempt to negotiate or by alternatively striking names supplied by settle the AAA or FMCS and will follow the Labor Arbitration Rules grievance. Each of the AAA or FMCS unless they agree otherwise in writing. Authority parties hereto will jointly bear the cost of the Arbitrator appointed. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. The Arbitrator shall not be authorized to make any decision inconsistent with the provision of this Agreement, nor to modify or amend any part of this Agreement. The proceedings of the arbitrator will hear arguments on be expedited by the parties hereto, and decide issues the of arbitrability through such arbitrator will be final and binding upon the parties hereto. DISCHARGE AND DISCIPLINARY CASES A claim by a permanent employee that he has been unjustly discharged from his employment shall be. treated as a grievance if a written briefs immediately prior statement of such grievance is lodged with the Branch Manager within four (4) working days after the employee ceases to hearing work for the case on its meritsCompany. Such special grievances may be settled by confirming the Management's action in dismissing the permanent employee, or as part by reinstating the employee with full compensation for lost time, or by any other arrangement which is just and equitable in the opinion of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the conferring parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as dismissed without notice, he will have the right to interview a witness on behalf member of the grievant Committee for a reasonable time before leaving the premises The Company agrees with the principle of progressive discipline. For minor disciplinary offences, employees shall receive a verbal reprimand before issuance of a letter of warning. In the event that the employee does not repeat the offence with a period of sixty days the verbal reprimand shall be disregarded. Except in an arbitration casecases of dishonesty, they may appear without or direct insubordination, the loss employee shall receive three (3) letters of pay if they appear during their work time, providing testimony given is related warning prior to their job function or involves matters they have witnessed and is relevant to the arbitration casedischarge. The decision of Company will have five (5) working days after the Arbitrator shall be based upon violation to call a meeting with the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses employee and the cost Committee and must issue the Letter of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced Warning within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) further working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator employee will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.then have two

Appears in 1 contract

Samples: Vending Employees

Arbitration Procedure. ‌ General Provisions The demand for Company and Reinsurer intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 7.1(a)) be resolved without resort to any litigation. Accordingly, the Company and Reinsurer agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) days (or such longer period as the parties may agree) after commencing such negotiations, the Company and Reinsurer agree that they will submit such dispute to arbitration must in the manner specified in, and such arbitration proceeding will be filed with conducted in accordance with, the AAA or FMCS within thirty (30) calendar days of the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS and will follow the Labor Commercial Arbitration Rules of the AAA American Arbitration Association. The arbitration hearing will be before a panel of three disinterested arbitrators, each of whom must be a present or FMCS unless they agree otherwise former officer of a life insurance or reinsurance company familiar with the reinsurance business, or other professionals with experience in writing. Authority life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of the Arbitrator Company, the Reinsurer or any of their Affiliates. The Arbitrator Company and Reinsurer will hear arguments on and decide issues of arbitrability through each appoint one arbitrator by written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided notification to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each other party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days after the date of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during mailing of the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or notification initiating the arbitration. An employee cannot use These two arbitrators will then select the third arbitrator within sixty (60) days after the date of the mailing of the notification initiating arbitration. If either the Company or Reinsurer fails to appoint an arbitrator, or should the two arbitrators be unable to agree upon the choice of a State vehicle to travel to and from a work site to attend a meeting unless authorizedthird arbitrator, in writing, the president of the American Arbitration Association will appoint the necessary arbitrators within thirty (30) days after the request to do so by so. The arbitrators shall base their decision on the Department or Divisionterms and conditions of this Agreement. SUCCESSOR CLAUSE‌ Grievances filed during However, if the term terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will decide any question considered by the arbitrators. The arbitrators will determine the place of arbitration. Each decision (including without limitation each award) of the arbitrators will be processed to completion in accordance with final and binding on all parties and will be nonappealable, except that (at the provisions request of either the Company or Reinsurer) any award of the Agreement under which it was filedarbitrators may be confirmed (or, if appropriate, vacated) by a judgment entered by the court specified in Section 11.4. TIMELINES‌ The time limits No such award or judgment will bear interest except as provided in this Article must Section 3.2. In no event may the arbitrators award punitive or exemplary damages. Each party will be strictly adhered to unless mutually modified responsible for paying (a) all fees and expenses charged by its respective counsel, accountants, actuaries, and other representatives in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day conjunction with such arbitration and (b) one-half of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, fees and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure expenses charged by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementeach arbitrator.

Appears in 1 contract

Samples: Coinsurance Agreement (Ing Usa Annuity & Life Insurance Co)

Arbitration Procedure. ‌ General Provisions For purposes of this Agreement, a grievance defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the agreement including any question as to whether a matter is arbitrable. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees 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. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. The demand for arbitration must employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be filed with violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the AAA day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's supervisor and Department Head are the same person. Failing settlement, then: No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or FMCS his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within thirty nine (309) calendar days of the conclusion submission of the formal mediation sessiongrievance at Step No. Selecting an Arbitrator The parties will select an Arbitrator unless extended by mutual agreement or by alternatively striking names supplied by the AAA or FMCS and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of It is understood and agreed that a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness representative of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect Canadian Union of Public Employees and the may be present at the time of meeting. It is further understood that the Department’s Hospital Administrator or Division’s decision. When an employee is subpoenaed his designee may have such counsel and assistance as a witness on behalf of the grievant in an arbitration case, they he may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration casedesire at such meeting. The decision of the Arbitrator Hospital shall be based upon delivered in writing within nine (9) calendar days following the facts established by date of such meeting. A complaint or grievance arising directly between the testimony Hospital and documents presented the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the caseDepartment Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee( The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The Arbitrator shall have no power to add to, subtract from, alter, release or modify any discharge of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An an employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will probationary period shall not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend the subject of a meeting. Ten (10) calendar days’ notice is required prior to a mediation session grievance or arbitration. An A claim by an employee cannot use who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a State vehicle to travel to and from grievance if a work site to attend a meeting unless authorized, in writing, to do so written statement of such grievance is lodged by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance employee with the provisions of Hospital at Step No. within seven (7) calendar days after the Agreement under which it was fileddate the discharge or suspension i s effected. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the Such special grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, settled under the Grievance or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.Arbitration Procedure by:

Appears in 1 contract

Samples: Agreement

Arbitration Procedure. ‌ General Provisions If the Hospital or the Union requests that a grievance be submitted to arbitration, as herein provided, it shall make such request in writing addressed to the other party to this Agreement. The demand Parties agree that a sole arbitrator shall resolve all grievances which have been processed to arbitration. The Parties mutually agree to develop a roster of four (4) arbitrators. Grievances will be referred for arbitration must be filed with hearing to one of the AAA or FMCS within thirty arbitrators on the roster, in rotation. Notwithstanding the foregoing, if either Party wishes to utilize a Board of Arbitration, they shall notify the other party of same and at the same time name a nominee. Within seven (307) calendar days thereafter the other party shall name a nominee, provided however, that if such party fails to name a nominee as herein required, the Office of Arbitration of the conclusion Ministry of Labour of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied Province of Ontario shall have power to effect such appointment upon application thereto by the AAA or FMCS and will follow party invoking the Labor Arbitration Rules arbitration procedure. The Chairperson of the AAA or FMCS unless they agree otherwise in writing. Authority Arbitration Board will be one of the Arbitrator The Arbitrator will hear arguments arbitrators on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its meritsroster, or as part of the entire hearing and decision- making process, at the discretion of the Arbitratorin rotation. Although a decision No person may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When appointed as an employee is subpoenaed as a witness on behalf of the grievant arbitrator who has been involved in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related attempt to their job function negotiate or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in settle the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure No matter may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. An Arbitrator will decide issues regarding the grievability The of grievances. The arbitration procedure set forth in this Article Arbitration shall not apply have any power to events which occur before amend, alter, modify or add to any of the effective date provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. The proceedings of the Board will be expedited by the parties hereto and the decision of the majority and where there is no majority the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairperson of the Arbitration Board. ARTICLE SENIORITY A new employee will be considered on probation until after has completed sixty (60) days of work within any twelve (12) calendar months. Upon completion of such probationary period, the employee’s name will be placed on the seniority list with the seniority was last hired to work in the bargaining unit.

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand for arbitration must Tenant shall exercise its applicable Extension Option by giving Landlord the Extension Notice relating thereto. If Tenant fails to deliver an applicable Extension Notice to Landlord within the time period described above, then the applicable Extension Option relating to such Extension Notice shall be filed with the AAA null and void and of no further force or FMCS within effect. Within thirty (30) calendar days after receiving an applicable Tenant’s Extension Notice, Landlord shall give Tenant notice of Landlord’s determination of the conclusion Prevailing Market rate for the applicable Extension Term (“Landlord’s Determination Notice”). If Tenant disagrees with Landlord’s determination of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by Prevailing Market rate, Landlord and Tenant shall attempt to agree on the AAA or FMCS and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesPrevailing Market rate. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding parties do not so agree on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced Prevailing Market rate within thirty (30) days following the date of receipt by both partiesLandlord’s Determination Notice, Landlord and Tenant shall submit the determination of Prevailing Market rate to binding arbitration unless the parties otherwise mutually agree in their respective sole discretion. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetingsIn such event, grievance meetings, informal or formal mediation sessions, Landlord and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time Tenant shall attempt to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten agree on an arbitrator within ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by days after the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term expiration of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the such 30-day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If they fail, after good faith efforts, to agree on an arbitrator within such 10-day period, then Landlord and Tenant shall each appoint a reputable commercial leasing broker as arbitrator, each of whom shall have at least ten (10) years’ active and current experience in the last day commercial real estate industry and in the Burlington, Massachusetts leasing market with working knowledge of current rental rates and leasing practices related to buildings similar to the Building. Such an appointment shall be signified in writing by each party to the other. If either party shall fail to appoint an arbitrator within a period of ten (10) days after written notice from the other party to make such appointment, then the sole arbitrator appointed shall make the determination of the Prevailing Market rate in the same manner provided below as though it were the third arbitrator. If both parties appoint an arbitrator, the arbitrators so appointed shall appoint a third arbitrator, who is a Saturdayreputable commercial leasing broker and has at least ten (10) years’ active and current experience in the commercial real estate industry and in the Burlington, SundayMassachusetts leasing market with working knowledge of current rental rates and leasing practices related to buildings similar to the Building, within ten (10) days after the appointment of the second arbitrator. Each of Landlord and Tenant shall furnish each of the three arbitrators with a copy of their respective final determination of the Prevailing Market rate. The third arbitrator shall proceed with all reasonable dispatch to determine whether Landlord’s final determination of Prevailing Market rate or Tenant’s final determination of Prevailing Market rate, most closely reflects the Prevailing Market rate and in no event shall the arbitrator have the right (i) to average the final determination of Prevailing Market rate of Landlord and Tenant or (ii) to choose another rate. The decision of such third arbitrator shall in any event be rendered within thirty (30) days after his/her appointment, or legal holidaywithin such other period as the parties shall agree, the period continues and such decision shall be in writing and in duplicate, one counterpart thereof to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure be delivered to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement each of the parties. The issue arbitration shall be conducted in accordance with the rules of non-grievability may the American Arbitration Association (or its successor) and applicable Law and this Section, which shall govern to the extent of any conflict between this Section and the rules of the American Arbitration Association, and the decision of the third arbitrator shall be properly raised reviewable only to the extent provided by the Department or Division at any step rules of the grievance procedureAmerican Arbitration Association and shall otherwise be binding, final and conclusive on the parties. An Arbitrator will decide issues regarding Each party shall pay the grievability fees of grievances. The arbitration procedure set forth in this Article the arbitrator it chose and the fees of its respective counsel and the losing party shall not apply pay for the fees of the third arbitrator and the reasonable and necessary expenses incident to events which occur before the effective date proceedings; provided however, if a party fails to appoint an arbitrator, the fees of this Agreementthe sole arbitrator shall be split between the two parties equally.

Appears in 1 contract

Samples: Office Lease Agreement (Butterfly Network, Inc.)

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Arbitration Procedure. ‌ General Provisions The demand for Companies and the Administrator intend that any dispute between them arising under this Agreement (excluding those disputes identified in Section 8.01(a)) be resolved without resort to any litigation. Accordingly, the Companies and the Administrator agree that they will negotiate diligently and in good faith to agree on a mutually satisfactory resolution of any such dispute; provided, however, that if any such dispute cannot be so resolved by them within sixty (60) calendar days (or such longer period as the parties may agree) after commencing such negotiations, the Companies and the Administrator agree that they will submit such dispute to arbitration in the manner specified in, and such arbitration proceeding will be conducted in accordance with, the Commercial Arbitration Rules of the American Arbitration Association. The arbitration hearing will be before a panel of three disinterested arbitrators, each of whom must be filed a present or former officer of a life insurance or life reinsurance company familiar with the AAA life reinsurance business, or FMCS other professionals with experience in life insurance or reinsurance, provided that such professionals shall not have performed services for either party within the previous five (5) years, and provided further that no arbitrator shall be a former employee of either Company or any of its Affiliates. The Companies and the Administrator will each appoint one arbitrator by written notification to the other party within thirty (30) calendar days after the date of the conclusion mailing of the formal mediation sessionnotification initiating the arbitration. Selecting These two arbitrators will then select the third arbitrator within sixty (60) calendar days after the date of the mailing of the notification initiating arbitration. If either the Companies or the Administrator fails to appoint an Arbitrator arbitrator, or should the two arbitrators be unable to agree upon the choice of a third arbitrator, the president of the American Arbitration Association will appoint the necessary arbitrators within thirty (30) calendar days after the request to do so. The parties arbitrators shall base their decision on the terms and conditions of this Agreement. However, if the terms and conditions of this Agreement do not explicitly dispose of an issue in dispute between the parties, the arbitrators may base their decision on the customs and practices of the life insurance and life reinsurance industry together with an interpretation of the law. The vote or approval of a majority of the arbitrators will select an Arbitrator by mutual agreement or by alternatively striking names supplied decide any question considered by the AAA or FMCS and will follow the Labor Arbitration Rules arbitrators. The place of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it arbitration will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established determined by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate reliefarbitrators. Each party shall pay one-half decision (1/2including without limitation each award) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall will be final and binding on the all parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearingnonappealable, except by mutual agreement that (at the request of either the parties. This provision shall not apply to Arbitration hearings. Any of the time limits Companies or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.the

Appears in 1 contract

Samples: Administrative Services Agreement (Scottish Re Group LTD)

Arbitration Procedure. ‌ General Provisions In the event any difference arises between the Company and The demand Union as to the interpretation, alleged violation or application of or compliance with this Agreement or as to any grievance or dispute arising out of the operation of Article of this Agreement the difference may be submitted to arbitration pursuant to the terms of this section. Arbitration of any difference arising under Article shall be submitted to a single arbitrator jointly selected by the Union and the Company. This selection shall be made within ten (10) days after the request for arbitration must has been made by either party to this Agreement. In the event that the parties fail within the said ten (10) day period to agree upon the selection of an arbitrator, the matter may be filed with referred by either party to the AAA Minster of Labour for Canada who shall select and designated the arbitrator. In the event the selected arbitrator is unable to serve by reason of death, incapacity or FMCS resignation, or for any other reason, his replacement shall be appointed in the same manner as is provided herein for the appointment of the first arbitrator. A statement of the dispute or question to be arbitrated shall be submitted by the grieving party to the arbitrator within thirty five (305) calendar days of his appointment. The arbitrator shall convene the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied within ten (10) days following his appointment unless a delay is agreed to by the AAA or FMCS parties, and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or arbitrator shall render his decision as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed soon thereafter as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration casepossible. The decision of the Arbitrator arbitrator shall be based upon limited to the facts established by the testimony and documents presented dispute or question contained in the casestatement or statements submitted to him. The Arbitrator decision of the arbitrator shall have no power to not change, add to, subtract from, alter, vary or modify disregard any conditions of this Agreement. The decision of the terms arbitrator which are made under the authority of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision Arbitration Article shall be final and binding on upon the parties subject only to judicial review in accordance with Company, the standard set forth in the Uniform Arbitration ActUnion and all persons concerned. Decisions The expenses, fees and costs of the Arbitrator arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so paid by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of party to this Agreement will found to be processed to completion in accordance with default upon the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal arbitrator's resolution of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representativeor, if any, to move the arbitrator resolves the grievance in such a way that neither side shall be found wholly in the right, then the arbitrator shall also establish the proper split of the expenses, fees and costs between the two parties in the proportion appropriate to the next step share of responsibility that each side had in the production of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Arbitration Procedure. ‌ General Provisions In the event any difference arises between the Company and The demand Union as to the interpretation, alleged violation or application of or compliance with this Agreement or as to any grievance or dispute arising out of the operation of Article of this Agreement the difference may be submitted to arbitration pursuant to the terms of this section. Arbitration of any difference arising under Article shall be submitted to a single arbitrator jointly selected by the Union and the Company. This selection shall be made within ten (10) days after the request for arbitration must has been made by either party to this Agreement. In the event that the parties fail within the said ten (10) day period to agree upon the selection of an arbitrator, the matter may be filed with referred by either party to the AAA Minster of Labour for Canada who shall select and designated the arbitrator. In the event the selected arbitrator is unable to serve by reason of death, incapacity or FMCS resignation, or for any other reason, his replacement shall be appointed in the same manner as is provided herein for the appointment of the first arbitrator. A statement of the dispute or question to be arbitrated shall be submitted by the grieving party to the arbitrator within thirty five (305) calendar days of his appointment. The arbitrator shall convene the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied within ten O) days following his appointment unless a delay is agreed to by the AAA or FMCS parties, and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or arbitrator shall render his decision as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed soon thereafter as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration casepossible. The decision of the Arbitrator arbitrator shall be based upon limited to the facts established by the testimony and documents presented dispute or question contained in the casestatement or statements submitted to him. The Arbitrator decision of the arbitrator shall have no power to not change, add to, subtract from, alter, vary or modify disregard any conditions of this Agreement. The decision of the terms arbitrator which are made under the authority of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision Arbitration Article shall be final and binding on upon the parties subject only to judicial review in accordance with Company, the standard set forth in the Uniform Arbitration ActUnion and all persons concerned. Decisions The expenses, fees and costs of the Arbitrator arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so paid by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of party to this Agreement will found to be processed to completion in accordance with default upon the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal arbitrator’s resolution of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representativeor, if any, to move the arbitrator resolves the grievance in such a way that neither side shall be found wholly in the right, then the arbitrator shall also establish the proper split of the expenses, fees and costs between the two parties in the proportion appropriate to the next step share of responsibility that each side had in the production of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Arbitration Procedure. ‌ General Provisions If the Employer or the Union requests that a grievance as provided in Article be submitted to Arbitration, it shall make such request in writing addressed to the other party, and at the same time nominate an Arbitrator. Within five working days thereafter the other party shall nominate an Arbitrator and notify other party. The demand for arbitration must be filed with the AAA or FMCS two Arbitrators so nominated shall, within thirty (30) calendar fifteen working days of the conclusion nomination of the formal mediation session. Selecting an Arbitrator The parties will latter of them, attempt to select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS agree- ment a third person to be a member and will follow the Labor Arbitration Rules Chairman of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesArbitra- tion Board. If the subject grievance involves the review of they are unable to agree on such a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration caseChairman, they may appear without then request the loss Minister of pay if they appear during their work time, providing testimony given is related Labour for the Province of On- tario to their job function or involves matters they have witnessed and is relevant appoint a Chairman. In the event of default by either party in nominating its representative to the arbitration caseArbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointment. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to alter, modify, amend, add or delete any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to Arbitration which has not been properly carried through the Complaint and Grievance Pro- cedures, except that the parties by mutual written consent, may ex- tend the time limits fixed in both the Grievance and Arbitration Procedures. No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive beyond seven days before the complaint was discussed with the Supervisor or as lodged by the Employer or Union under Section of Article The written decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any majority of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall Arbitra- tion Board will be final and binding on upon the parties subject only to judicial review in accordance with hereto, and the standard set forth in employees. Each of the Uniform Arbitration Act. Decisions parties hereto will bear the fees and ex- penses of the Arbitrator shall be enforced within thirty (30) days of receipt appointed by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessionsit, and arbitration hearings scheduled in accordance with this Article. An employee the parties will be allowed reasonable time jointly bear the fees and expenses to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions Chairman of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this AgreementBoard.

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand for arbitration If a grievance is not settled in the course of the grievance procedure it may be referred to Arbitration by written notice signed by the President of or designate, and given to the Senior Director Division of Human Resources, or vice versa, no later than twenty (20) days from the receipt of the answer at STEP TWO. This referral to Arbitration must be filed with the AAA or FMCS made within thirty twenty (3020) calendar days of the conclusion answer at STEP TWO of the formal mediation sessionGrievance Procedure, it being understood that this time limit is mandatory. Selecting an Arbitrator Grievances shall be heard by a Board of Arbitration. The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by party referring the AAA or FMCS and will follow grievance to Arbitration shall at the Labor Arbitration Rules same time name its appointee to the Board of Arbitration. The other party shall, within ten (10) days, provide written notice of its appointee to the Board of Arbitration. The two appointees shall, within ten (10) days, agree on the selection of the AAA or FMCS unless they agree otherwise in writing. Authority Chair of the Arbitrator The Arbitrator will hear arguments on and decide issues Board of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesArbitration. If the subject grievance involves appointees are unable to agree, either appointee may apply to the review Minister of Labour for the appointment of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness Chair of the Department’s or Division’s decision Board of Arbitration. Notwithstanding Article the parties may mutually agree in writing to proceed by conducting way of a review in accordance with Nevada law in effect at single arbitrator to hear the time grievance. If the parties are unable to agree within twenty (20) days of the Department’s or Division’s decision. When an employee is subpoenaed referral to Arbitration as a witness on behalf of to who will act as the grievant in an arbitration casesingle arbitrator, they either party may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant apply to the arbitration case. The decision Minister of Labour for the Arbitrator shall be based upon the facts established by the testimony and documents presented in the caseappointment of a single arbitrator. The Arbitrator or Arbitration Board shall have no power hear and determine the dispute referred to add toit and his, subtract from, alter, her or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s its decision shall be final and binding on the parties subject only parties. The Arbitrator or Arbitration Board does not have any jurisdiction to judicial review in accordance with the standard set forth in the Uniform alter, amend, add to, or subtract from any provision of this Agreement. Each party shall bear its own legal expenses of Arbitration Actincluding its nominee to a Board of Arbitration. Decisions The fees and expenses of the Arbitrator Arbitrator, or the Chair of the Arbitration Board, shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of equally divided between the parties. This provision shall not apply No matter may be submitted to Arbitration hearings. Any of which has not been properly carried through the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance Grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in to Kcturn to Main ARTICLE SENIORITY Seniority under this Article Agreement shall not apply to events which occur before the effective date of this Agreement.accrue as follows:

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion of the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced received within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from after the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice decision under Step is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holidaygiven, the period continues grievance shall be deemed to run until have been abandoned. Where no written answer has been given within the end of the next day that is not a Saturdaytime limit specified, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance may be submitted to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will p ure i arbitration No adjustment effected under the grievance or arbitration procedure shall be maintained separately from made retroactive beyond five (5) days prior to the Personnel Files date that the grievance was formally discussed or presented to the Company except in the case of the employees. MISCELLANEOUS‌ Tape recorders wages or other electronic recording devices cash benefits issues, where the adjustment shall not be used by retroactive prior to the first occurrence of the issue but in any case not before days prior to the date that the grievance was formally discussed or presented to the Company. When either party participating requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing addressed to the other party to this agreement. The parties agree that they will use the arbitrators on the following list to resolve arbitrations arising under this collective agreement. The arbitrators will be used in rotation: XXXX XXX XXXX XXXXXX No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, mediation session, or pre-. No matter may be submitted to arbitration hearing, except by mutual agreement which has not been properly carried through all requisite steps of the partiesgrievance p ure. This provision I The arbitrator shall not apply be authorized to Arbitration hearingsmake any decision inconsistent with the provisions of this agreement, nor to alter, modify, add to or amend any part of this agreement nor to award interest. Any The proceedings of the arbitrator will be expedited by the parties hereto and the decision of the arbitrator will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties will share equally the expenses, if any, of the arbitrator. The parties acknowledge that the time limits or steps set out in this procedure may both the grievance and arbitration procedures must be mutually extended, waived, or otherwise modified strictly complied with except by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of to extend them and failure to so comply shall result in the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply being deemed to events which occur before the effective date of this Agreementhave been abandoned.

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand for If a grievance is not settled under the Employer’s grievance policy, the Union may refer it to arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been served on the Union, or the grievance will be deemed to have been resolved on the basis of the formal mediation sessionEmployer’s last answer and will not be arbitrable. Selecting an It is understood and agreed that decision of the Union not to exercise its right to request arbitration shall be final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The parties will select an first strike shall be determined by a coin toss. The Union shall submit the unresolved grievance in writing to the Arbitrator by mutual agreement or by alternatively striking names supplied with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the AAA or FMCS Employer and will follow the Labor Arbitration Rules Union, and his decision shall be based solely upon an interpretation of the AAA or FMCS unless they agree otherwise in writingprovisions of this Agreement. Authority The award of the Arbitrator The Arbitrator will hear arguments on so appointed shall be final and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to binding upon the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power authority to alter, amend, add to, subtract fromfrom or otherwise modify or change the terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, alterunless the parties mutually agree otherwise. The cost of arbitration, or modify any which shall include the fees and expenses of the terms of Arbitrator, the Agreement, but may give appropriate interpretation or application to such terms Court Reporter and provide appropriate reliefthe transcript shall be borne equally by the parties. Each party shall pay one-half (1/2) any fees of the Arbitrator’s fees its own representatives and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCSwitnesses for time lost. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor Occurrences prior to requesting release from duty in accordance with this Article the execution date or subsequent to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term expiration date of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply subject to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.arbitration.‌

Appears in 1 contract

Samples: Collective Bargaining Agreement

Arbitration Procedure. General Provisions The demand for If a grievance is not settled under the Employer’s grievance policy, the Union may refer it to arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been served on the Union, or the grievance will be deemed to have been resolved on the basis of the formal mediation sessionEmployer’s last answer and will not be arbitrable. Selecting an It is understood and agreed that decision of the Union not to exercise its right to request arbitration shall be final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The parties will select an first strike shall be determined by a coin toss. The Union shall submit the unresolved grievance in writing to the Arbitrator by mutual agreement or by alternatively striking names supplied with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the AAA or FMCS Employer and will follow the Labor Arbitration Rules Union, and his decision shall be based solely upon an interpretation of the AAA or FMCS unless they agree otherwise in writingprovisions of this Agreement. Authority The award of the Arbitrator The Arbitrator will hear arguments on so appointed shall be final and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to binding upon the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power authority to alter, amend, add to, subtract fromfrom or otherwise modify or change the terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, alterunless the parties mutually agree otherwise. The cost of arbitration, or modify any which shall include the fees and expenses of the terms of Arbitrator, the Agreement, but may give appropriate interpretation or application to such terms Court Reporter and provide appropriate reliefthe transcript shall be borne equally by the parties. Each party shall pay one-half (1/2) any fees of the Arbitrator’s fees its own representatives and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCSwitnesses for time lost. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor Occurrences prior to requesting release from duty in accordance with this Article the execution date or subsequent to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term expiration date of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply subject to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementarbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Arbitration Procedure. ‌ General Provisions If the Employer or the Union requeststhat a grievance as provided in Article be submitted to Arbitration, it shall make such request in writing addressed to the other party, and at the same time name its appointee to the Arbitration Board. Within five working days thereafter the other party shall name its appointee to the Arbitration Board and notify the other party. The demand for arbitration must be filed with the AAA or FMCS two Appointees so nominated shall, within thirty (30) calendar fifteen working days of the conclusion nomination of the formal mediation session. Selecting an Arbitrator The parties will latter of them, attempt to select an Arbitrator by mutual agreement or by alternatively striking names supplied by the AAA or FMCS a third person to be a member and will follow the Labor Arbitration Rules Chairperson of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the partiesArbitration Board. If the subject grievance involves the review of they are unable to agree on such a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration caseChairperson, they may appear without then request the loss Minister of pay if they appear during their work time, providing testimony given is related Labour for the Province of Ontario to their job function or involves matters they have witnessed and is relevant appoint a Chairperson. Inthe event of default by either party in nominating its representative to the arbitration caseArbitration Board, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointment. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not havejurisdiction to alter, modify, amend, add or delete any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter may be submitted to Arbitration which has not been properly carried through the GrievanceProcedures, except that the parties by mutual written consent, may extend the time limits fixed in both the Grievance and Arbitration Procedures. No adjustment effected under the GrievanceProcedureor Arbitration Procedureshall be made retroactive beyond seven days before the complaint was discussed with the Supervisor or as lodged by the Employer or Union under Section of Article The written decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any majority of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the Arbitrator’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall Arbitration Board will be final and binding on upon the parties subject only to judicial review in accordance with hereto, and the standard set forth in the Uniform Arbitration Actmembers. Decisions Each of the Arbitrator shall be enforced within thirty (30) days parties hereto will bear the fees and expenses of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessionsits appointee to the Board of Arbitration, and arbitration hearings scheduled in accordance with this Article. An employee the parties will be allowed reasonable time to travel to jointly bear the fees and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions expenses of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day Chairperson of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the periodArbitration Board. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.Article

Appears in 1 contract

Samples: Collective Agreement

Arbitration Procedure. ‌ General Provisions The demand for If a grievance is not settled under the Employer’s grievance policy, the Union may refer it to arbitration must be filed with the AAA or FMCS within thirty (30) calendar days of the conclusion Employer’s decision. The Union’s request for arbitration must be made in writing by the thirtieth (30) day, after the Employer’s answer to the last step in the grievance procedure has been served on the Union, or the grievance will be deemed to have been resolved on the basis of the formal mediation sessionEmployer’s last answer and will not be arbitrable. Selecting an It is understood and agreed that decision of the Union not to exercise its right to request arbitration shall be final and binding upon the members of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the Employer may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven (7) regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The parties will select an first strike shall be determined by a coin toss. The Union shall submit the unresolved grievance in writing to the Arbitrator by mutual agreement or by alternatively striking names supplied with a copy to Employer. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the AAA or FMCS Employer and will follow the Labor Arbitration Rules Union, and his decision shall be based solely upon an interpretation of the AAA or FMCS unless they agree otherwise in writingprovisions of this Agreement. Authority The award of the Arbitrator The Arbitrator will hear arguments on so appointed shall be final and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to binding upon the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration case, they may appear without the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power authority to alter, amend, add to, subtract fromfrom or otherwise modify or change the terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, alterunless the parties mutually agree otherwise. The cost of arbitration, or modify any which shall include the fees and expenses of the terms of Arbitrator, the Agreement, but may give appropriate interpretation or application to such terms Court Reporter and provide appropriate reliefthe transcript shall be borne equally by the parties. Each party shall pay one-half (1/2) any fees of the Arbitrator’s fees its own representatives and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCSwitnesses for time lost. The Arbitrator’s decision shall be final and binding on the parties subject only to judicial review in accordance with the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days of receipt by both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal grievance resolution meetings, grievance meetings, informal or formal mediation sessions, and arbitration hearings scheduled in accordance with this Article. An employee will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor Occurrences prior to requesting release from duty in accordance with this Article the execution date or subsequent to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term expiration date of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply subject to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreementarbitration.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Arbitration Procedure. ‌ General Provisions Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The demand for arbitration Centre agrees that it will not discipline an employee without just cause. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union, in writing, of such suspension or discharge. For the purposes of this Agreement, a grievance is defined as a difference arising between the Union a member of the bargaining unit and the Centre relating to the interpretation, application, administration, or alleged violation of the Agreement. The Centre may file policy grievances against the Union by written notice to the Union President the district grievance officer. Grievances of this nature will adhere to the timelines outlined in the Policy Grievance Article of this agreement. 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 his immediate supervisor the opportunity of adjusting such complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days following his immediate supervisor’s decision in the following manner and sequence: The must submit the grievance through the local union, signed by the and the local union president, or designate to the Chief Executive Officer (CEO) of the Centre, or designate. The employee may be filed with accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the AAA or FMCS within nature of the grievance; the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days of from the conclusion of date the formal mediation session. Selecting an Arbitrator The parties will select an Arbitrator by mutual agreement or by alternatively striking names supplied by grievance is filed to attempt to resolve the AAA or FMCS grievance, and will follow the Labor Arbitration Rules of the AAA or FMCS unless they agree otherwise in writing. Authority of the Arbitrator The Arbitrator will hear arguments on and decide issues of arbitrability through written briefs immediately prior to hearing the case on its merits, or as part of the entire hearing and decision- making process, at the discretion of the Arbitrator. Although a decision may be made orally, it will be put in writing and provided to the parties. If the subject grievance involves the review of a suspension, demotion, or dismissal from State service, the Arbitrator must determine the reasonableness of the Department’s or Division’s decision by conducting a review in accordance with Nevada law in effect at the time of the Department’s or Division’s decision. When an employee is subpoenaed as a witness on behalf of the grievant in an arbitration any case, they may appear without to provide the loss of pay if they appear during their work time, providing testimony given is related to their job function or involves matters they have witnessed and is relevant to union with a formal written response setting out the arbitration case. The decision of the Arbitrator shall be based upon the facts established by the testimony and documents presented in the case. The Arbitrator shall have no power to add to, subtract from, alter, or modify any of the terms of the Agreement, but may give appropriate interpretation or application to such terms and provide appropriate relief. Each party shall pay one-half (1/2) of the ArbitratorCentre’s fees and expenses and the cost of obtaining the names of arbitrators from the AAA or the FMCS. The Arbitrator’s decision shall be final and binding position on the parties subject only to judicial review in accordance with matter. During the standard set forth in the Uniform Arbitration Act. Decisions of the Arbitrator shall be enforced within thirty (30) days day period referred to above, the parties will attempt to resolve the in dispute through a meeting or series of receipt by meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the union grievance mi Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties. ATTENDANCE AT MEETINGS‌ Meetings include informal parties with the opportunity to understand the grievance and to prepare for the resolution meetingsIn determining a date for the meeting the parties will consider: the time needed for research, grievance meetingsconsultation and preparation for the and; the time needed, informal or formal mediation sessionsafter the meeting, and arbitration hearings scheduled in accordance with this Articlebefore the expiry of the thirty (30) day period, conduct including the possibility of holding further meetings. An employee For these reasons the initial meeting will be allowed reasonable time to travel to and from the meetings referenced above. Time spent traveling generally take place during the employee’s non-work hours to attend meetings referenced above will not be considered work time. An employee must provide at least two (2) working days’ notice to their supervisor prior to requesting release from duty in accordance with this Article to attend a meeting. Ten (10) calendar days’ notice is required prior to a mediation session or arbitration. An employee cannot use a State vehicle to travel to and from a work site to attend a meeting unless authorized, in writing, to do so by the Department or Division. SUCCESSOR CLAUSE‌ Grievances filed during the term of this Agreement will be processed to completion in accordance with the provisions of the Agreement under which it was filed. TIMELINES‌ The time limits in this Article must be strictly adhered to unless mutually modified in writing. As used herein, “days” refers to calendar days. When calculating a time period stated in days, exclude the day of the event that triggers the period; then count every calendar day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period. If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Failure to Meet Timelines Failure by the grievant or their representative, if any, to comply with the timelines in this Article will result in the automatic withdrawal of the grievance with prejudice. Failure by the Employer to comply with the timelines will entitle the grievant or their representative, if any, to move the grievance to the next step of the procedure. GRIEVANCE FILES‌ Written grievances and responses will be maintained separately from the Personnel Files of the employees. MISCELLANEOUS‌ Tape recorders or other electronic recording devices shall not be used by any party participating in the grievance, mediation session, or pre-arbitration hearing, except by mutual agreement of the parties. This provision shall not apply to Arbitration hearings. Any of the time limits or steps set out in this procedure may be mutually extended, waived, or otherwise modified by written agreement of the parties. The issue of non-grievability may be properly raised by the Department or Division at any step of the grievance procedure. An Arbitrator will decide issues regarding the grievability of grievances. The arbitration procedure set forth in this Article shall not apply to events which occur before the effective date of this Agreement.middle ten

Appears in 1 contract

Samples: Collective Agreement

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