Formal Arbitration Procedure Clause Samples
The Formal Arbitration Procedure clause establishes a structured process for resolving disputes between parties through arbitration rather than litigation. Typically, it outlines the steps to initiate arbitration, the selection of arbitrators, the rules governing the proceedings, and the location where arbitration will take place. By providing a clear and agreed-upon method for dispute resolution, this clause helps avoid lengthy court battles and ensures that conflicts are settled efficiently and privately.
Formal Arbitration Procedure. The Union shall forward to the Corporation a list of the grievances to be heard, the names of the arbitrators assigned and the date(s) of hearing for each. The list shall be made in keeping with the chronological order in which the grievances were referred to in the area on a first in first out basis, and each case shall be scheduled in that order for the first available date of hearing of the month, according to the availability of the arbitrators.
Formal Arbitration Procedure. It is understood that the arbitrator shall be vested with all the powers conferred upon him or her by the Canada Labour Code. The arbitrator shall not modify the provisions of this collective agreement.
Formal Arbitration Procedure. It is understood that the arbitrator shall be vested with all the powers conferred upon him or her by the Canada Labour Code. The arbitrator shall not modify the provisions of this collective agreement. The arbitration award must state the grounds on which it is based and be rendered as expeditiously as possible. The arbitrator may render the decision immediately, but must give reasons later on provided it is done within sixty (60) working days after the decision, unless, owing to circumstances beyond the control of the arbitrator, it is not practicable to do so. In such a case, the award shall be executed without waiting for the reasons. The award of the arbitrator shall be final and executory. It shall be binding upon the Corporation, the Union and the employees. The final decision rendered by an arbitrator binds the Corporation, the Union and the employees in all cases involving identical or substantially similar circumstances. The Corporation and the Union shall share equally the fees and expenses of the arbitrator.
Formal Arbitration Procedure. It understood that the arbitrator shall be all the powers conferred upon him or her by the
Formal Arbitration Procedure. (a) The Union shall forward to the Corporation a list of the grievances to be heard, the names of the arbitrators assigned and the date(s) of hearing for each. The list shall be made in keeping with the chronological order in which the grievances were referred to in the area on a first in first out basis, and each case shall be scheduled in that order for the first available date of hearing of the month, according to the availability of the arbitrators.
(b) The aforementioned list shall be forwarded to the Corporation no later than thirty (30) working days in advance of the hearing.
(c) Where a grievance is scheduled to be heard at the formal arbitration procedure, the Union shall notify in writing the arbitrator of the appropriate list who in accordance with the rules established in paragraph 2(b) must act. At the same time, the Union shall forward a copy of the notice to the Corporation. The notice shall also identify the location of the hearing and the language in which the hearing shall be conducted.
(d) If at the time of the forwarding of such list there exists a delay greater than six (6) months between the referral date of a grievance in the area formal process inventory and the scheduled date of hearing of said grievance in the area, the Union shall then be entitled to identify for hearing the first two (2) cases of every group of ten (10) cases to be heard without respecting the FIFO rule. The Union shall continue to be so entitled for the subsequent lists until such time as the above described delay ceases to be greater than six (6) months.