Classification Arbitration Clause Samples
The Classification Arbitration clause establishes a process for resolving disputes regarding the classification or categorization of goods, services, or contractual obligations. Typically, this clause outlines that if the parties cannot agree on the appropriate classification, the matter will be submitted to an independent arbitrator or expert for a binding decision. For example, in a shipping contract, if there is disagreement over whether a product falls under a certain tariff code, this clause would dictate how the dispute is settled. Its core function is to provide a clear, efficient mechanism for resolving classification disagreements, thereby minimizing delays and uncertainty in contract performance.
Classification Arbitration. When a new classification is introduced or a new job is introduced and the classifying of this job is in dispute and/or the wage rate assigned is in dispute, the parties will meet within 30 days with the sole purpose of agreeing on the classification designation and/or the wage rate. If there is no agreement on the classification designation an /or wage rate, the following process will be followed: The Employer and Union shall submit their respective Final Offer Briefs, including a proposed remedy, to the Arbitrator and to each other no less than five (5) Working Days prior to the Arbitration. The final Offer Briefs shall address only the classifying of the job that is in the dispute and/or the wage rate assigned. The Arbitrator shall award one (1) of the two (2) proposed remedies in its entirety and shall have no jurisdiction to fashion his or her own remedy.
Classification Arbitration. Where the Union is unsatisfied with the response provided to the employee under clause 34.2 above, it may refer the grievance to arbitration within twenty-five (25) working days of the receipt of the response by the employee. Such referral shall be in writing.
Classification Arbitration. Where the Union is unsatisfied with the response provided to the employee under clause above, it may refer the grievance to arbitration within twenty-five (25) working days of the receipt of the by-the employee. Such referral shall be in writing. The Arbitrator mutually agreed to by the parties shall have expertise in job evaluation. The Arbitrator shall be responsible for determining the proper classification level of the position, in accordance with the Job Evaluation Plan and shall have no jurisdiction to review, amend, or otherwise modify the job factors and degrees of the Job Evaluation Plan. A maximum of one (1) day shall be allotted for the hearing of the submissions of all parties and the Alliance) with respect to any single grievance. The Arbitrator shall be responsible for determining his own process The classification grievance shall be heard by the Arbitrator no later than one hundred and twenty (120)working days after the arbitration submission of the classification grievance to the Employer. The arbitration hearing date shall be mutually agreed to by all parties. Either party may request an extension of the time limits in writing and such agreement shall not be unreasonably withheld. The Arbitrator shall render a decision no later than twenty (20)working days after the hearing. The decision of the Arbitrator is final and binding. If a Union representative requires leave, it shall be provided pursuant to the collective agreement. The and the Union shall share the fees and expenses of the Arbitrator. The Alliance may withdraw a classification grievance at any time.