Pre-Arbitration Process Clause Samples

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter shall be referred to arbitration within 10 days (excluding Saturdays, Sundays, and holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of/spokesman for the Union or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing in to the matter within ten (10) days (excluding Saturdays, Sundays, and holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five (5) days of receipt of the recommendation (excluding Saturdays, Sundays, and holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten (10) days (excluding Saturdays, Sundays, and holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party shall then refer the matter to Arbitration within ten (10) days (excluding Saturdays, Sundays, and holidays) of the receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings.

Pre-Arbitration Process. If the grievance has not been satisfactorily resolved at Step 4 by County Fire and the grievant, a written appeal to arbitration must be filed concurrently with the Human Resources Director or designee and SEBA within five (5) working days of notification of the decision by the Human Resources Director or that individual’s designee. The appeal must be presented on the aforementioned grievance form along with a copy of any pertinent documents.

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held.

Pre-Arbitration Process. If a grievance has not been satisfactorily resolved at Step 4, a written appeal to arbitration must be filed with the Employee Relations Division by SBPEA within five (5) working days of notification of the decision by the Director of Human Resources or designee. At the same time and upon mutual agreement of the parties, the grievance may advance to mediation in accordance with Section 10 of this Article, while concurrently seeking an arbitrator. The appeal must be presented on the aforementioned grievance form along with a copy of any pertinent documents.

Pre-Arbitration Process. If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration.