Grievance Process - Arbitration - Electrical Joint Arbitration Board Clause Samples

Grievance Process - Arbitration - Electrical Joint Arbitration Board. Section 1.01 This is an arbitration agreement and the intention of the parties is that all differences which are not settled through negotiation between the parties must be arbitrated, and there shall be no Section 1.02 The parties shall each select five members, each of whom shall serve for one year or until a successor is duly selected, upon an Electrical Joint Arbitration Board, which Board shall meet on the second Monday of January of the current year unless another date is found to be more agreeable to the parties, and select a chairman, vice chairman and appoint a secretary/treasurer. Section 1.03 The Electrical Joint Arbitration Board may appoint a committee for each particular case coming before it composed of at least one representative designated by each of the parties to this Agreement, which committee shall within seven (7) days after its appointment, make a survey of the problem under consideration and shall meet with the secretary of the Electrical Joint Arbitration Board by appointment and shall file with him its findings and recommendations in writing. Thereafter, the committee shall have no further authority. Such findings and recommendations shall be reported to the next meeting of the Electrical Joint Arbitration Board, which shall review and may either approve or disapprove such findings and recommendations. Findings and recommendations of the committee shall not establish future precedents. Section 1.04 Should the Electrical Joint Arbitration Board fail to settle any matter referred to it, the Board shall select an odd member to sit with them and hear the evidence of the case or cases before them and render their decision thereon which shall be final and binding on the parties hereto. Section 1.05 In the event the Electrical Joint Arbitration Board is unable to agree on the selection of the odd member of the Board within ten (10) days from the date it has determined the matter before them can be settled in no other way, then in that event either or both parties may call upon the Director of the Federal Mediation and Conciliation Service for the appointment of the odd member of the Board and the parties hereto agree to be bound by this procedure. Section 1.06 Each party shall bear the expense of preparing and presenting its own case to the Electrical Joint Arbitration Board and the expense of the odd member of the Board and any other incidental expenses mutually agreed to in advance shall be borne equally by both parties. Section 1.07 I...
View SourceView Similar (3)
Grievance Process - Arbitration - Electrical Joint Arbitration Board. This is an arbitration agreement and the intention of the parties is that all differences which are not settled through negotiation between the parties must be arbitrated, and there shall be no
View Source

Related to Grievance Process - Arbitration - Electrical Joint Arbitration Board

  • Step 4 - Arbitration After receipt of a notice to arbitrate from the Lodge President, designees of the City Manager and the Lodge President shall attempt to agree on an arbitrator. If this attempt is not successful or is waived, the arbitrator shall be selected by the parties making a joint request to the Federal Mediation and Conciliation Service (FMCS) for a panel list of nine (9) arbitrators with business addresses in Ohio. The parties shall then choose an arbitrator by alternately striking names from the list until such time as one (1) name remains as the arbitrator chosen by the parties. Prior to beginning the striking procedure, either the Employer or the Lodge may reject the list and submit a request for another list from the arbitration tribunal. Each party may only reject the list once. In issuing an award, the arbitrator shall be limited to the enforcement of the specific provisions of the Agreement. The arbitrator may not alter, amend, modify, add to or subtract from the provisions of the Agreement. The question of arbitrability of a grievance may be raised by the Employer or the Lodge before the arbitration hearing on the grounds that the matter is nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before an arbitrator will be whether or not the alleged grievance is within the purview of arbitrability. Thereafter, the alleged grievance will be heard on its own merits before the same arbitrator. The decision of the arbitrator shall be final and binding, subject to appeal under applicable state law. The arbitrator shall be without authority to recommend any right to relief on any alleged grievance occurring at any other time than the agreement period in which the right originated. The arbitrator shall not establish any new or different wage rates not negotiated as part of the Agreement. In case of discharge, suspension or reduction, the arbitrator shall have the authority to award modification of said discipline. Both the Lodge and the Employer shall share equally in the cost of the arbitration proceedings. Any member whose testimony is relevant to the arbitration, shall be released with pay to attend the hearing, provided that the hearing is held during the member's regular work hours. The expenses of any non-member witnesses shall be borne by the party requesting the non-member's attendance at the Arbitration Hearing. The arbitrator shall render in writing his or her findings and the award as quickly as possible within thirty (30) calendar days after the hearing is closed and post-hearing briefs are submitted. The arbitrator shall forward such findings and award to the City Manager, or designee, and to the Lodge President, or designee.

  • Level Four - Arbitration (a) If the aggrieved person or the Union is not satisfied with the disposition of the grievance by the superintendent or his designee, the Union may submit the grievance to arbitration within five (5) school days of the superintendent’s step three answer. (b) Within ten (10) school days after written notice to the Board or designee of submission to arbitration, the Board and the Union shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a written request for a list of arbitrators shall be made to the Public Employment Relations Board by either party. The list shall consist of five (5) arbitrators and the parties shall determine by lot which party shall have the right to remove the first name from the list. The parties shall alternately strike a name from the list until only one remains. The person whose name remains shall be the arbitrator. (c) The arbitrator so selected shall confer with the representatives of the Board and the Union and hold hearings promptly and shall issue his decision not later than fifteen (15) school days from the date of the close of hearings or if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator’s decision shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The decision of the arbitrator shall not add to, subtract from or modify the provisions of this agreement and shall be final and binding on the parties. (d) The cost for the services of the arbitrator including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the Board and the party in interest. Any other expenses incurred shall be paid by the party incurring same. (e) For grievances that occur or are processed during June, July, and August ten (10) school days shall mean ten (10) working days.

  • GRIEVANCE ARBITRATION Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is 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. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. 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 violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.