List and Jurisdiction of Arbitrators Sample Clauses

List and Jurisdiction of Arbitrators. By mutual agreement, the Parties will compile a list of twelve (12) arbitrators, eight (8) of whom shall be based in Toronto. When a grievance is referred to arbitration, the next arbitrator in the rotation who is available to hear the case within the relevant time frame (as defined below) shall be assigned the case and the hearing scheduled within the relevant time frame. The initial order of the list of arbitrators shall be alphabetical by last name unless otherwise agreed. When an arbitrator is assigned a case, his or her name shall move to the bottom of the list except that all arbitrators on the list who are based in the city where the hearing is to take place shall be considered before the other arbitrators on the list are to be considered. When more than one grievance is referred to arbitration during the same week of National Grievance Committee meetings or in other circumstances on the same day, arbitrators will be assigned to the cases chronologically based on the dates of the grievances. For the purposes of assigning an arbitrator, the relevant time frame for a case to be heard unless otherwise specified in the Collective Agreement shall be: the first hearing day shall be between sixty (60) and one hundred and twenty (120) days of the date of referral to arbitration, unless the Parties agree otherwise; as well, if, prior to the assignment of an arbitrator to a case, the Party referring the case to arbitration indicates that it wishes at the outset to have a specified number of hearing days scheduled, all those hearing days, where possible, will be scheduled within the one hundred and twenty (120) days. Where the arbitrator assigned a case has multiple days available within the relevant time frame, the hearing shall be scheduled on one or more of those available dates on the day or days mutually agreed to by the Parties or where there is no agreement on the day or days determined by that arbitrator. At the conclusion of the National Grievance Committee meeting, the co-chairs of the Committee shall jointly review the availability of arbitrators from the Parties' list, shall identify the assignment of arbitrators required by this Article for the cases referred to arbitration during the week's meetings and shall identify the dates of the hearings. The Parties shall jointly inform the arbitrators on their list and shall request that each arbitrator provide the Parties with a list of available dates within the next one hundred and twenty (120) days. W...
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List and Jurisdiction of Arbitrators. By mutual agreement, the parties will compile a list of ten (10) arbitrators. When a grievance is referred to arbitration, the first available arbitrator on the list, in the rotation, will be assigned the case. If none of the arbitrators on the list is available to hear the case within the relevant time frame, the parties will, by mutual agreement, select an arbitrator who is not on the list. Notwithstanding the foregoing, the parties may, in any event and by mutual agreement, choose an arbitrator not on the list. Each January, the parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain ten (10) names. In addition, each January, either party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In any case, if the parties are unable to agree on an arbitrator, the parties shall request the Minister of Labour to appoint one. There shall be three (3) mutually exclusive arbitration processes: expedited arbitration, full arbitration and mediation-arbitration. Where a hearing is scheduled under any one of the above processes, each party will submit to the arbitrator a brief statement of facts outlining the issue(s) in dispute. The statement of facts must be submitted to the arbitrator and other party, by 5pm, at least two (2) business days prior to the first date of the hearing. The parties can neither submit nor amend a statement of facts after the deadline and the parties agree that the arbitrator can not review or consider a statement of facts or amended statement of facts that is submitted after the deadline. In arriving at a decision in any of of these processes, including where the dispute relates to a dismissal or layoff, the arbitrator shall be limited to the consideration of the issue(s) as outlined in the prescribed grievance form and the statement of facts before him or her. The arbitrator shall render a decision according to the terms and provisions of this Collective Agreement. The arbitrator shall not in any way amend, modify, extend or change any of the provisions of this Collective Agreement.
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Related to List and Jurisdiction of Arbitrators

  • Jurisdiction of Arbitrator The arbitrator shall be without power or authority to add to, subtract from, or alter any of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law. The arbitrator shall have no power or authority to rule on any of the following:

  • Mediation and jurisdiction 1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • List of Arbitrators The parties will agree to a list of arbitrators for each geographical area to whom grievances may be referred. This list shall be reviewed at the mid-point of the Collective Agreement and may be amended by mutual agreement. Each party will alternate in selecting an arbitrator to sit as a sole arbitrator or as a chair of the Arbitration Board from the appropriate list. In the event that the Arbitrator selected by a party is unable to hear the grievance within ninety (90) days of the referral to arbitration, the party having made the selection may choose another arbitrator from the list. Expedited Arbitration

  • Dispute Resolution and Jurisdiction Any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, except that arbitration shall not apply to (1) controversies and claims of less than $5,000, nor to (2) claims seeking to collect liquidated amounts, such as the Tuition promised by the student. Any legal dispute (not resolved in arbitration) shall be governed by the laws of the state of California, and that Santa Xxxxxxx courts are the exclusive venue.

  • Venue and Jurisdiction Any claim, action, suit or proceeding between Agency (or any other agency or department of the State of Oregon) and Contractor that arises from or relates to this Contract must be brought and conducted solely and exclusively within the Circuit Court of Xxxxxx County for the State of Oregon. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. In no event may this section be construed as (i) a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim, action, suit or proceeding, or (ii) consent by the State of Oregon to the jurisdiction of any court.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators:

  • Rules of Arbitration 1. Within 10 working days of receipt of the Federation's notice of its intent to arbitrate a grievance, the Federation shall call upon the Federal Mediation and Conciliation Service for a list of five potential arbitrators. The federation will provide the employer with a simultaneous copy of the arbitration panel request.

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

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