Restraining Violations. If the City claims this Section is violated, it may at its option, obtain an immediate arbitration hearing. To do so it shall give the Labor Council written or telegraphic notice of its claim and request the Federal Mediation and Conciliation Service (FMCS) to appoint an arbitrator to hear and decide the claim on an emergency basis. The City shall pay the Federal Mediation and Conciliation Service (FMCS) docketing fee. The hearing shall be held within forty eight (48) hours or as soon after that as possible. The parties shall not file and the arbitrator shall not receive post-hearing briefs about the issuance of an immediate restraining order. The arbitrator shall rule from the bench and, if the arbitrator finds that this Section has been violated, the arbitrator shall immediately issue an award prohibiting continuation or resumption of the strike. The arbitrator shall continue the hearing (and may request post-hearing briefs) on the issue of damages. This arbitration provision does not affect the City’s right to seek direct relief, injunctive or otherwise, in the courts or elsewhere.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement