O ARBITRATION Sample Clauses

O ARBITRATION. If the Employer or the Local Union requests that a grievance be submitted to arbitration, as provided for under article it shall make such request in writing addressed to the other party of this agreement and at the same time appoint its member to the Board of Arbitration, within ten days thereafter the other party shall appoint it’s member to the Board of Arbitration. Each party shall notify the other of the name of its member to the Board of Arbitration. No person may be appointed to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. In the event of default by either party in nominating its member to the Board of Arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointment. The two (2) members so appointed shall, within ten days of the appointment of the latter of them, attempt to settle by agreement the choice of a third person to act as Chair of the Board of Arbitration. If they are unable to agree on such a Chair, the Ontario Labour- Management Arbitration Commission will be asked to appoint the third member to act as Chair. The Board of Arbitration shall not have any power to amend or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the fee and expenses of the member appointed by it and of its own witnesses; and the parties will jointly bear the fee and expenses, if any, of the Chair of the Board of Arbitration. Where both parties agree, a single arbitrator may be substituted for a Board of Arbitration. In such cases, the parties shall endeavour to agree on the selection of an arbitrator. In the event that they fail to do so. The Ontario Labour-Management Arbitration Commission will be asked to appoint the arbitrator. The time limits fixed in both grievance and arbitration procedures may be extended by written consent of the parties to this Agreement. Saturdays, Sundays and paid holidays as set out in Article will not be counted in computing the time within which any action is to be taken or completed under the provisions of Article
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O ARBITRATION. SUBJECT TO THE RIGHTS UNDER SECTION 5.4 TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SPECIFIED IN THIS AGREEMENT, ANY DISPUTE BETWEEN THE PARTIES HERETO ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE EXECUTIVE'S EMPLOYMENT BY THE COMPANY (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF DAMAGES, THE NATURE OF THE EXECUTIVE'S TERMINATION OR THE CALCULATION OF ANY BONUS OR OTHER AMOUNT OR BENEFIT DUE) SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, PROVIDED, HOWEVER, THAT THE PARTIES AGREE THAT ANY ARBITRATOR OR ARBITRATORS SELECTED OR APPOINTED TO HEAR THE ARBITRATION SHALL BE EITHER A RETIRED JUDGE OF THE CIRCUIT OR APPELLATE COURTS OF NEW YORK OR A PRACTICING ATTORNEY WITH AT LEAST FIFTEEN (15) YEARS OF EXPERIENCE IN MATTERS REASONABLY RELATED TO THE ISSUE OR ISSUES IN DISPUTE. ANY RESULTING HEARING SHALL BE HELD IN THE NEW YORK AREA. THE RESOLUTION OF ANY DISPUTE ACHIEVED THROUGH SUCH ARBITRATION SHALL BE BINDING AND ENFORCEABLE BY A COURT OF COMPETENT JURISDICTION. COSTS AND FEES INCURRED IN CONNECTION WITH SUCH ARBITRATION SHALL BE BORNE BY THE PARTIES AS DETERMINED BY THE ARBITRATION.
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O ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party in writing within ten working days of its desire to submit the difference or allegation to arbitration. The notice of intention to proceed to Arbitration shall contain the details of the grievance, a precise statement of the matter in dispute, a statement of the actual remedy sought, name and address of the party's nominee as Sole Arbitrator. The party who receives the notice of intention to proceed to arbitration shall then notify the other party of the name and address of the party's selection of an arbitrator within ten (I0) working days after receiving the notice. If the parties are unable to agree upon the selection of an arbitrator within a period of ten (IO) working days, either party shall then have the right to request the Ministry of Labour for Ontario to appoint an arbitrator or to refer the matter to a Board of Arbitration. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. Each of the parties hereto shall jointly and equally bear the expense of the arbitrator. The Arbitrator shall not have any power to alter, modify or change any of the provisions of this Agreement, or to substitute any new provisions or any existing provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement.
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O ARBITRATION. Where a difference arises between the parties relating to the adjustment of a grievance, the Alliance or the Corporation may, after exhausting the grievance procedure established in Article notify the other party in writing of its intention to refer the matter to arbitration, within thirty (30) days of the date on which the Director General's, or designate's, reply at Stage was postmarked by registered mail or was due to the employee. Such notification shall contain details of the matter at issue, the specific Articles violated if applicable and the red requested. Within ten (10) days of the date of delivery of the foregoing notice, the parties shall attempt to agree to the appointment of an Arbitrator. If the parties fail to agree on the selection of an Arbitrator within ten (10) days prescribed in Clause the party requesting arbitration shall ask the Federal Minister of Labour to appoint one. The Arbitrator shall hear and determine the 'difference and shall make every reasonable effort to issue a decision within thirty (30) days of his appointment. The decision shall be final and binding upon the parties and upon any employee affected by it. The Arbitrator shall have no power to alter, add to, subtract from, amend, modify, or substitute any part of this Agreement. The fee and expenses of an Arbitrator shall be borne equally by the parties. The time limits stipulated in this Article may be extended by mutual consent of the parties. For the purpose of this Article days shall exclude Saturdays, Sundays and designated holidays.
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O ARBITRATION. All grievances referred to arbitration shall be heard by a single arbitrator and shall be heard in the expedited format. The hearing shall take place at any time mutually agreed upon between the Company, the arbitrator, and the Union. The arbitrator shall make such decision as may finally dispose of the issue in question and the decision shall be final and binding on all parties. The arbitrator’s decision shall be ordered within days of the hearing. Arbitrations shall be heard in the city where the work. The arbitrator shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions or any existing provisions nor to give any decision inconsistent with the term or provision hereof. The Company and the Union shall share equally the expenses of the arbitrator. If there should be an accumulation of grievances or disputes to be referred to arbitration, such grievances or disputes may, by mutual agreement, be dealt with by the arbitrator agreed upon by the parties. Any and all time limits fixed by this Article may be extended by mutual agreement between the Company and the Union. The arbitrator shall have authority to modify the penalty in a grievance involving the suspension or discharge of an employee. The parties agree to select Arbitrators by mutual agreement. Expedited Arbitration; provided for by the Canada Labour Code. Hearing within days of appointment, hearing less formal than a single or panel arbitrator. Affidavit evidence is acceptable. Simple guidelines for hearing to be established by appointed arbitrator at me ent
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O ARBITRATION. (a) When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement. The sole arbitrator shall be selected by the parties from the following list in rotation: In the event that the arbitrator selected by the parties is unable to act, the particular case will be referred to the next named arbitrator on the list. Should an arbitrator no longer become available to hear grievances, a new arbitrator shall be added to this list by mutual agreement of the Parties. Each of the parties hereto will jointly share the expenses of the arbitrator, if any. The Parties, by mutual agreement, may refer a grievance to a "Grievance Settlement Officer" and will jointly share the expenses of such Officer. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the Grievance Procedure except that this will not apply to grievances relating to discharge. The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.
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O ARBITRATION. Either of the Parties may notify the other Party in writing of its desire to submit a matter (as outlined in Article 9.10) to arbitration, and the notice shall contain the name of the first Party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other Party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall appoint a third person who shall be the Chair. If the appointees fail to agree upon a Chair, the appointment shall be made by the Minister of Labour for Ontario upon the request of either Party. Each of the parties hereto shall bear the expenses of the Arbitrator appointed by it, and the parties shall bear jointly and equally the expenses of the Chair of the Arbitration Board. The Board of Arbitration, appointed pursuant to the provisions of this Agreement, has no jurisdiction to alter, amend, set aside, add to or delete from, any of the provisions herein contained, or to render any decision which is inconsistent with the provisions of this Agreement.
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O ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting the Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the other party within ten working days of the reply under Step The arbitrator shall be selected by the parties from the following list in rotation: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ In the event that the arbitrator selected by the parties is unable to act, the particular case will be referred to another named arbitrator on the list. The arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. Each of the parties hereto will jointly share the fees and expenses of the arbitrator, if any. The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. The arbitrator shall not have jurisdiction to award in any case beyond the period of up to sixty (60) days prior to the date of the filing of the grievance.
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Related to O ARBITRATION

  • NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Step 4 - Arbitration If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen

  • Dispute Resolution; Arbitration (a) At the option of Company or Executive, and to the extent permitted by applicable law, any dispute, controversy or question arising under, based on or relating to this Agreement, or any breach or failure to comply with the terms hereof (each a “Dispute”), shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “AAA Rules”). Unless otherwise agreed by the Parties, arbitration of any Dispute shall be conducted before a single arbitrator selected by the Parties and the forum and venue for such arbitration shall be AAA’s Los Angeles Regional Center in Los Angeles, California. Each Party hereby submits to AAA and the selected forum for the arbitration of any Dispute, waives any objection to the venue of such arbitration, and agrees that service of process and other notices, pleadings and documents in any arbitration or proceeding hereunder may be delivered to a Party in accordance with the provisions governing “Notices” in this Agreement. (b) If the Parties are unable to agree upon a neutral arbitrator within thirty (30) days after a Party notifies the other Party in writing of its intent to submit a Dispute to arbitration, either Party may apply to AAA for the appointment of an arbitrator or, if AAA is not then in existence or declines to act, either Party may apply to the Presiding Judge of the Superior Court of any county in the State of California for the appointment of a neutral arbitrator to hear the Parties and settle the Dispute and such Judge is hereby authorized to make such appointment. (c) If the Parties so agree in writing, and subject to the consent of the single arbitrator, hearings and proceedings conducted in the arbitration of any Dispute hereunder may be conducted remotely by secure video conferencing technology that is acceptable to the Parties. (d) The decision or award of the arbitrator shall be in writing and shall set forth detailed reasoning for the award. Discovery shall be conducted expeditiously, bearing in mind the objective of limiting discovery and expediting the decision or award of the arbitrator at the most reasonable cost and expense to the Parties. The decision of the arbitrator shall be final, conclusive and binding on the Parties and no action at law or in equity shall be instituted or, if instituted, prosecuted by either Party other than to enforce the award of the arbitrator. Judgment upon an award rendered pursuant to such arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be.

  • Expedited Arbitration (a) The parties may meet, to review outstanding grievances filed at arbitration to determine those grievances suitable for this process, and will set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration. (b) All grievances will be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 20 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the collective agreement; (6) grievances requiring presentation of extrinsic evidence; (7) grievances where a party intends to raise a preliminary objection;