Arbitrations Sample Clauses
The "Arbitrations" clause establishes that any disputes arising under the agreement will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for selecting arbitrators, the rules governing the arbitration proceedings, and the location where arbitration will take place. By mandating arbitration, the clause aims to provide a private, often faster and less formal method of dispute resolution, thereby reducing the time and costs associated with traditional court cases.
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Arbitrations. 13.01 When a difference between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, has been registered as an employee grievance or a policy grievance under the foregoing procedure and remains unsolved, it shall be considered as a grievance requiring settlement by arbitration.
13.02 Whenever either party to this Agreement desires to submit any grievances to Arbitration, written notice shall be given to either party within ten (10) days after the last step in the grievance procedure, formally stating the subject of the grievance and at the same time nominating an Arbitrator. Within seven (7) days after the receipt of such notice, the other party shall name an Arbitrator. The arbitrators representing the two parties shall, within forty-eight (48) hours, attempt to agree upon a Chairman of the Arbitration Board and failing such an agreement, the Minister of Labour for the Province of Ontario will be requested to name such a Chairman.
13.03 As soon as the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and representation of both parties. It shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced.
13.04 Each of the parties hereto will bear the expenses of the Arbitrator appointed by them, and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board and other incidental expenses incurred directly by such an Arbitration.
13.05 No matter may be submitted to Arbitration which has not been properly processed through all previous steps of the grievance procedure.
13.06 The Arbitration Board shall not have authority to add to, alter, modify or amend this Agreement, nor shall it be authorized to make any decision inconsistent with the provisions of this Agreement.
13.07 In accordance with the Labour Relations Act, Statutes of Ontario, the decision of the Arbitration Board is final and binding upon the parties and upon any employee affected by it.
Arbitrations. 6.01 Should any grievance and/or disciplinary action not be amicably adjusted in accordance with the provisions of Section 4.0 or 5.0, it may be submitted to arbitration upon compliance with the following conditions:
(a) The party desiring arbitration shall give written notice thereof within fifteen (15) working days after the completion of the procedures set forth in Sections 4.0 or 5.05.
(b) Within ten (10) working days of the receipt of such written notice, the Labor Relations Manager or his/her designee and the Union Representative or his/her designee shall meet to select a neutral arbitrator from a mutually agreed upon list of Arbitrators.
(c) The three (3) arbitrators shall meet for the purpose of adjusting said grievance or discipline. The decision of a majority of the Arbitration Board submitted, in writing, to the District and the Union shall be final and binding upon all parties.
(d) Each party shall bear the expense of its own arbitrator. The expense of the third arbitrator, reporter and other incidental expenses shall be borne equally by the parties hereto.
(e) The Collective Bargaining Agreement shall serve as a submission agreement but arbitration shall be limited to issues specifically set forth in the written grievance or discipline which may remain unsettled after the procedures set forth in Section 4.0 or 5.0 have been exhausted and nothing in this Agreement shall be construed to empower any board of arbitration to change, modify or amend any provision of this Agreement.
(f) All arbitrators are requested to expedite their decision as the parties normally expect a decision to be issued within thirty (30) days after the conclusion of the hearing.
Arbitrations. Arbitration will be held in the United States and administered by AAA pursuant to its Commercial Arbitration Rules and Mediations Procedures in a location selected by the party initiating the arbitration. The parties acknowledge that the Agreement evidences a transaction involving interstate commerce. Notwithstanding any provisions herein with respect to applicable substantive law governing the Agreement, the agreement to arbitrate and any arbitration conducted pursuant thereto will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
Arbitrations. In cases not involving disciplinary action suspension or termination, the Arbitrator shall render a decision and shall within thirty (30) calendar days of the receipt of the Stenographer’s transcript, send his written award to each of the parties. Either party is free to submit post hearing briefs if they so desire. If either party elects to submit post hearing briefs, the party submitting must make it known during the arbitration hearing of their intent to do so. Either party electing to submit such briefs shall do so to the Arbitrator within fifteen (15) calendar days of the close of the hearing. Failure of either party to submit such briefs in the timeframe required or failure to notify the other party of their intent to submit briefs shall result in the brief being dismissed and not considered by the Arbitrator.
Arbitrations. 12.01 Where a violation of the Agreement is alleged; or a difference between the parties to the Agreement arises, respecting the meaning or application of the Agreement, including a difference as to whether or not a matter upon which arbitration has been sought comes within the scope of the Agreement, either party to the Agreement, after exhausting any grievance procedure established by the Agreement:
i. may refer such violation or difference to an Arbitration Board, the composition and membership of which is defined in the following sections of this article and
ii. shall notify the other party in writing that he intends to submit the alleged violation or difference to an Arbitration Board
12.02 The notice mentioned in Article 12.01 ii, shall contain the name of the person appointed to the Arbitration Board by the party giving notice.
12.03 Within five (5) days of receiving the notice, the party to whom notice is given shall name the person whom it appoints to the Arbitration Board and furnish the name of its appointee to the party who gave the notice.
12.04 A person who has a pecuniary interest in a matter before the Arbitration Board or is acting or has within a period of one (1) year prior to the date on which notice of intention to submit the matter to Arbitration is given, acted as solicitor, counsel or agent of any of the parties to the Arbitration is not eligible for appointment as a member of the Arbitration Board and he shall not act as a member of the Arbitration Board.
12.05 The two (2) appointees named by the parties to the Agreement shall, within ten (10) days of the appointment of the second of them, attempt to agree to a third member of the Board. This third member shall then become Chairperson of the Arbitration Board. Should the two (2) appointees fail to agree upon a third member the Chairperson shall be appointed in accordance with Article 12.06.
12.06 The appointee(s) shall notify the Chairperson of the Labour Relations Board that they are unable to agree on a third member and shall request the Chairperson of the Labour Relations Board to appoint a third member. The person so appointed by the Chairperson of the Labour Relations Board shall become the Chairperson of the Board of Arbitration.
12.07 If a person so nominated by the parties to act as their Nominee to the Arbitration Board is unwilling or unable to act on the Board of Arbitration and the nominating party fails to appoint a replacement within five (5) working days or if one of...
Arbitrations a. The parties agree to adopt a panel of arbitrators outlined in section (b). The parties may elect to reopen this section of the article to modify the list of arbitrators by mutual agreement.
b. Arbitrators shall be assigned on a rotational basis in the order set out above. Within fifteen days of the receipt of the Union’s notice of intent to arbitrate a case, the Labor Relations Unit will send a letter notifying the arbitrator of his or her selection. The letter shall include a calendar of potential dates including the three month period beginning the second full month after receipt of the notice of intent to arbitrate. When the arbitrator originally selected is unable to schedule a hearing within the three (3) month period, the next arbitrator in rotation will be contacted for a list of available dates. In cases where the parties agree to consolidate cases, the arbitrator assigned to handle the first case will also be assigned to handle the other case(s).
c. Arbitrators will use cancellation days and any unused scheduled days for writing awards on any outstanding cases under this agreement. Cancellation fees will be applied toward any writing days.
Arbitrations. If multiple claims are brought against any Indemnitee or the Company in an arbitration, with respect to at least one of which indemnification is permitted under applicable law and provided for under this agreement, the parties agree that any arbitration award shall be conclusively deemed to be based on claims as to which indemnification is permitted and provided for, except to the extent the arbitration award expressly states that the award, or any portion thereof, is based solely on a claim as to which indemnification is not available.
Arbitrations. If the grievance is not answered to the Union’s satisfaction in Step 3, the Union may make written request that the grievance be submitted to final and binding arbitration. Requests for arbitration must be submitted to the County Department of Law within ten (10) working days following the date the Union received the Employer’s Step 3 response. In the event the grievance is not referred to arbitration within such time limit, the grievance shall be considered resolved based upon the answer given by the Employer in Step 3.
Arbitrations. (i) If not settled at Step 3, the grievance may be referred to arbitration pursuant to the Ontario Labour Relations Act within ten (10) days of the response from the Director of Human Resources or his/her designate. Under no circumstance will a grievance be referred to arbitration after ten (10) days have passed.
(ii) An arbitrator shall not make any finding or decision inconsistent with the provisions of this Agreement, nor shall he/she have the power to add to, alter or modify, amend or delete any part of this Agreement, nor deal with matters not covered by this Agreement.
(iii) Where a probationary employee has been terminated, the only issue that may be submitted to an arbitrator is whether the Region acted in a manner that was arbitrary, in bad faith or in violation of the Ontario Human Rights Code.
(iv) Any grievance not processed in accordance with the time limits contained in this Article shall be deemed to be withdrawn, unless the time limits are waived by mutual consent in writing.
Arbitrations. List all arbitration demands filed by or against your firm in the last five (5) years, and identify the nature of the claim, the amount in dispute, the parties and the ultimate resolution of the proceeding. Check here if provided Check here if Not Applicable (N/A)