Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the Step Two meeting if no agreement has been reached by the parties or within ten (10) working days following the cancellation of the Step Two meeting. The IATSE and the Producers agree to establish a panel of individuals with recognized experience as professional labor arbitrators as members of a standing panel of neutral arbitrators. The panel shall comprise an odd number of arbitrators. If demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by mutual agreement. If the parties cannot agree to the arbitrator to be appointed, then each party shall have the right to alternately strike an arbitrator's name from the panel until such time as one arbitrator is left and the remaining arbitrator shall be selected and appointed as the arbitrator in the proceedings. The parties shall select the arbitrator within five (5) working days after the demand for regular arbitration has been served. The parties may, by mutual agreement, select the arbitrator outside of the panel of neutral arbitrators or utilize the list of arbitrators obtained from the Federal Mediation and Conciliation Service. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute, but shall not have the power to amend, modify or effect a change in any of the provisions of the Agreement, nor to determine jurisdictional disputes. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring same.
Regular Arbitration. A. Unless the parties agree that expedited Arbitration is appropriate, Grievances based upon i) discharge/discipline, ii) harassment or discrimination, iii) policy grievances or iv) any other grievance the parties agree is not suitable for expedited arbitration, will be referred to a mutually agreeable arbitrator as per Article 16.7.5. Either party may refer an unresolved grievance to a single arbitrator within 10 days of the Step 2 meeting. Regular arbitration shall be scheduled within 60 days of the referral to arbitration.
Regular Arbitration. The aggrieved party may elect to proceed to regular arbitration within ten (10) working days following the completion of Step Two, if no agreement has been reached by the parties. If such demand is served for regular arbitration, then the parties shall select a sole arbitrator to hear and determine the grievance by: (1) mutual agreement of the parties; or (2) by lot, from the list of arbitrators, under the following procedure: the name of the arbitrator shall be selected from the list of arbitrators obtained from the Federal Mediation and Conciliation Service (which the parties shall endeavor to maintain currently), within five (5) days of the receipt of such demand. Such hearing shall be held within fourteen (14) days after the arbitrator is selected, at such time and place as the arbitrator shall determine. If the arbitrator so selected is unable or unwilling to undertake the arbitration within the time limit herein provided, another arbitrator shall be selected from such list. The decision of the arbitrator shall be rendered in writing, stating his reasons for the award, within thirty (30) days after the submission of the grievance for decision. The arbitrator's decision shall be final and binding upon the parties thereto and upon any employees concerned. The arbitrator shall have the power to determine the specific grievance or dispute as described in the first paragraph of this Article 7, but shall not have the power to amend, modify or effect a change in any of the provisions of this Agreement, nor to determine jurisdictional disputes between the Union and any other labor organization. Except for disputes described in footnote 1 to the first paragraph of this Article 7, the arbitrator shall not have the power to determine disputes arising under Paragraph 67.2 of this Agreement, "Non-Discrimination;" such disputes are instead subject to non-binding mediation. Fees and expenses of the arbitrator and cost of a court reporter and original transcript, when jointly requested, shall be borne equally by the parties to the dispute; otherwise, the party making such request shall pay for it. All other costs shall be borne by the party incurring the same.
Regular Arbitration. Binding arbitration of Disputes and Controversies shall be conducted in accordance with the following procedures (“Regular Arbitration”):
Regular Arbitration. A. Unless the parties agree that expedited Arbitration is appropriate, Grievances based upon i) discharge/discipline, ii) harassment or discrimination, iii) policy grievances or iv) any other grievance the parties agree is not suitable for expedited arbitration, will be referred to a mutually agreeable arbitrator as per Article
Regular Arbitration. If the answer to the grievance is not satisfactory, the CTU shall have the right within seventy-five (75) days to submit the matter to arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association, or any other mutually agreed upon agency or individual, by informing the District and the American Arbitration Association that the matter is to be arbitrated. A single Arbitrator shall be chosen by the parties. The fees and expenses of the Arbitrator and the cost of the arbitration will be borne equally by the District and the Union. The parties will split the transcript costs when there is a common agreement on the need for a transcript. Two (2) representatives of the Union, and all necessary witnesses, shall receive their regular salary and wages for the time spent in the arbitration proceeding, if during working hours. The Arbitrator shall render a written decision and the reasons therefore resolving the controversy and ordering all appropriate relief. The decision and award of the Arbitrator shall be final and binding upon the District, the Union and the employees affected. The Arbitrator is prohibited from making any decision or award adding to or subtracting from or modifying in any way the provisions of this Agreement, which is contrary to law. The arbitration hearing shall be held and the award shall be made in Cuyahoga County, Ohio.
Regular Arbitration. (a) Unresolved grievances shall be referred to regular arbitration, except those that are referred to expedited arbitration under clause 5.04.
Regular Arbitration. The parties shall agree upon the selection of a single Arbitrator whose remuneration shall be on a per diem fee basis. If the event of the resignation, incapacity or death of the Arbitrator, the parties shall as promptly as possible mutually designate a successor. Either party may, in its discretion, terminate the services of the Arbitrator and the parties will agree upon the selection of a successor. The parties shall arrange for such associate Arbitrators as may be necessary. If in the opinion of the District Director of the Union and the Manager of Employee Relations a special situation exists which calls for immediate arbitration and the permanent Arbitrator is not available, they may request the International Union and the Company to designate another Arbitrator to hear and decide such case in accordance with the provisions of this Agreement. The Arbitrator shall not have jurisdiction to alter or amend in any way the provisions of this Agreement and his decision must be in accordance with the terms of this Agreement. His decision will be binding on the parties. In all cases of contract violations as to which no back pay or other monetary pay is provided, the Arbitrator shall have the authority to provide for the posting of an appropriate remedial notice. The Company and the Union will share equally the Arbitrator’s fees and expenses, and any clerical or stenographic expense that both agree to. Post-hearing briefs shall not ordinarily be filed. However, in a given case either or both parties with the consent of the Arbitrator or at his request may submit post-hearing briefs, if he deems such briefs necessary. Such briefs shall not result in an extension of the time limits for the issuance of a decision.
Regular Arbitration. The scheduling of the hearing date for all grievances submitted to non- expedited arbitration shall be accomplished within twenty-five (25) days after receipt of available dates from the arbitrator. The arbitration proceeding shall be conducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. The parties shall use an alternating striking method to select an arbitrator from the permanent panel to hear a grievance. The members of the permanent panel shall be selected by the following method: the IFO and the Chancellor’s designee shall each submit a list of five (5) arbitrators until agreement is reached on a permanent panel. Vacancies on the panel that arise during the term of this agreement shall be filled by mutual agreement or by each party submitting lists of three (3) arbitrators, until a replacement is agreed upon. The parties may, by mutual agreement, add or remove members from the permanent arbitration panel. Each party shall be responsible for paying one-half (1/2) of the arbitrator’s fee and necessary expenses.
Regular Arbitration. In the event of a failure to settle the dispute under Step Three above, the aggrieved party may elect to proceed to Regular Arbitration by delivering or mailing to the other party a written demand for arbitration. In such event, the parties to the dispute shall mutually agree upon an Arbitrator from a list of arbitrators for a regular arbitration maintained by Contract Services Administration Trust Fund (CSATF) for the IATSE AND AMPTP. Such Arbitrator shall promptly proceed to hear the matter and settle the dispute. The subject of the arbitration shall be limited to the specific issues and facts set forth in the written notice required under Step Two above. The decision of the Arbitrator shall be binding upon the parties hereto and upon the persons subject to this Agreement. The Arbitrator shall have the power to interpret and apply the provisions of this Agreement, but shall not have power to amend or modify any of its provisions, nor shall he/she have power to effect a change in any of its provisions. The Arbitrator shall not have power to determine jurisdictional disputes between the Union and any other labor organization. Fees and expenses of the arbitration shall be borne equally by the parties to the dispute.
