Classification Dispute Resolution Process Clause Samples
The Classification Dispute Resolution Process clause establishes a formal procedure for resolving disagreements regarding the categorization or classification of items, services, or obligations under a contract. Typically, this process outlines steps such as initial negotiation between the parties, escalation to higher management, and, if necessary, referral to an independent expert or arbitrator for a binding decision. By providing a clear and structured method for handling classification disputes, this clause helps prevent prolonged conflicts and ensures that disagreements are resolved efficiently and fairly, thereby minimizing disruption to the contractual relationship.
Classification Dispute Resolution Process. 9.1 The Classification Referee(s), ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇▇▇▇, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named.
9.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration.
9.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration.
9.4 The expedited arbitration process shall be governed by the following principles:
(1) The location of the hearing shall be agreed to by the parties.
(2) Unless otherwise mutually agreed, each party shall be limited to a four hour presentation.
(3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel.
(4) The parties agree to make limited use of authorities during their presentations.
(5) The decision of the Classification Referee shall be final and binding on both parties.
(6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice.
9.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d) of the Maintenance Agreement.
9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing.
9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classifica...
Classification Dispute Resolution Process. Any difference concerning the allocation of a position to an existing Schedule “A” class or to a new or amended classification established by the Employer, or the Employer’s refusal to conduct a classification review, shall be dealt with in the following manner (the following procedure shall apply in substitution for the regular grievance procedure contained in Article 15 of the Collective Agreement):