Standing Arbitrator Sample Clauses

Standing Arbitrator. The Parties agree to employ and share all costs of a mutually agreed named individual, chosen for their expertise in job evaluation, to act as a Standing Arbitrator whose responsibility is to resolve appeals under Article 5.05 through the application of the approved Job Evaluation Plan.
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Standing Arbitrator. The Parties will share equally the costs of a Standing Arbitrator who is responsible to resolve appeals under Section 5.07.
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Standing Arbitrator. The parties agree to employ and share all costs of a named individual, chosen for her/his expertise in job evaluation, to act as a Standing Arbitrator. The Standing Arbitrator will be paid on a basis agreed to by the parties, and will function as Chairperson to the Joint Job Evaluation Appeal Committee. In the event that an appeal cannot be resolved by the Joint Job Evaluation Appeal Committee, the Arbitrator will resolve the appeal through the application of the Corporation's Job Evaluation Plan. This may include on-the-job review if required.
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Standing Arbitrator. Effective January 1, 2024, on discharge and suspension cases only, an impartial arbitrator will sit as a fifth (5th) Panel member of the UPS Local 710 Grievance Committee who shall hear all testimony and receive evidence with the UPS Local 710 Grievance Committee. The impartial arbitrator shall render a bench decision only if, and after, the UPS Local 710 Grievance Committee deadlocks the discipline grievance. The Arbitrator’s decision shall be final and binding on the parties. The Employee will be notified of the arbitrator’s decision the following business day. Within fourteen (14) days of ratification of this Agreement, the parties shall jointly request from the Federal Mediation and Conciliation Service (FMCS) a panel consisting of 25 arbitrators who are members of the National Academy of Arbitrators who shall agree, if mutually selected by the parties, to be part of a permanent panel of five (5) arbitrators. The arbitrators will rotate each month in serving as the fifth (5th) Panel member. The initial selection of the arbitrators for the permanent panel shall be made by the ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. After receiving the arbitrators’ schedules for the upcoming year, the parties will meet in November of each year to mutually establish the rotating schedule of arbitrators for the upcoming calendar year. No later than November 1 of each calendar year, either party may notify the other party of its intent to remove one of the arbitrators from the permanent panel effective January 1 of the following year. An arbitrator may also be removed from the permanent panel at any time upon the mutual written agreement of the parties. When choosing a replacement arbitrator for the permanent panel, the arbitrator shall be selected from a list of seven (7) arbitrators who are members of the National Academy of Arbitrators to be furnished by the FMCS. Selection for the replacement arbitrator shall be made by ranked choice procedure set forth in Section 1404.12(b) of the FMCS rules. When choosing a replacement arbitrator, either party may reject a panel in its entirety one time. For purposes of this subsection only, the arbitrator’s fees and expenses shall be borne equally by the parties. The procedure of using an impartial arbitrator shall be reviewed yearly and may be amended by mutual agreement of the parties, or canceled by either the Union or Company upon thirty (30) days notice prior to the end of the calendar year. No...
Sample 1
Standing Arbitrator. The Parties agree to employ and share all costs of the named individual, chosen for his/her expertise in job evaluation, to act as a Standing Arbitrator whose responsibility is to resolve appeals under Section 5.07 through the application of The Employer’s Job Evaluation Plan.
Sample 1
Standing Arbitrator. The Parties agree to employ and share all costs of the named individual, chosen for expertise in job evaluation, to act as a Standing Arbitrator whose responsibility is to resolve appeals under Section through the application of the Employer’s Job Evaluation Plan. JOB EVALUATION APPEAL In the event that the Job Evaluation Review Process is unable to resolve the appeal it will be referred by the Human Resources Manager or designate to the Standing Arbitrator for final resolution within twenty (20) working days. In such instances, Job Evaluation Review Officers will submit their findings, (i.e., joint or independent evaluation) to the Standing Arbitrator with copies to the Union and the Human Resources Manager. The Arbitrator shall proceed as soon as practical to resolve the appeal by investigating the dispute, consulting with the Union and the Employer and applying the Employer’s Job Evaluation Plan. This will include a hearing on the issues and may include an on-the-job review by the Arbitrator if required. The Arbitrator’s decision will be final and binding on the Parties. The Arbitrator will address only those factor ratings which are in dispute or factors related thereto. In the case of an up-grouping the incumbent’s salary treatment will be retroactive to the date either a review or appeal was instituted. In the event an employee initiates an appeal within twenty (20) working days following a review by the Employer and the employee is successful in receiving an up-grouping, the effective date of such up-grouping shall be the date on which the review was initiated. ARTICLE
Sample 1

Related to Standing Arbitrator

  • Sole Arbitrator In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply.

  • Single Arbitrator Either of the parties to this Agreement is, in such event, to notify the other party in writing of its desire to submit the matter in dispute to arbitration and if the recipient of the said notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice, agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.

  • qualified arbitrators The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. When an arbitrator is not available, a new selection may be made in accordance with this provision. The arbitrator shall have access to all written statements and documents relevant to the grievance.

  • Binding Arbitration If the mediation reaches no solution or the parties agree to forego mediation, the parties will promptly submit their disputes to binding arbitration before one or more arbitrators (collectively or singly, the "ARBITRATOR") the parties agree to select (or whom, absent agreement, a court of competent jurisdiction selects). The arbitration must follow applicable law related to arbitration proceedings and, where appropriate, the Commercial Arbitration Rules of the American Arbitration Association. ARBITRATION PRINCIPLES All statutes of limitations and substantive laws applicable to a court proceeding will apply to this proceeding. The Arbitrator will have the power to grant relief in equity as well as at law, to issue subpoenas duces tecum, to question witnesses, to consider affidavits (provided there is a fair opportunity to rebut the affidavits), to require briefs and written summaries of the material evidence, and to relax the rules of evidence and procedure, provided that the Arbitrator must not admit evidence it does not consider reliable. The Arbitrator will not have the authority to add to, detract from, or modify any provision of this Agreement. The parties agree (and the Arbitrator must agree) that all proceedings and decisions of the Arbitrator will be maintained in confidence, to the extent legally permissible, and not be made public by any party or the Arbitrator without the prior written consent of all parties to the arbitration, except as the law may otherwise require. DISCOVERY; EVIDENCE; PRESUMPTIONS The parties have selected arbitration to expedite the resolution of disputes and to reduce the costs and burdens associated with litigation. The parties agree that the Arbitrator should take these concerns into account when determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures. The Arbitrator may permit reasonable discovery rights in preparation for the arbitration, provided that it should accelerate the scheduling of and responses to such discovery so as not to unreasonably delay the arbitration. Exhibits must be marked and left with the Arbitrator until it has rendered a decision. Either party may elect, at its expense, to record the proceedings by audiotape or stenographic recorder (but not by video). The Arbitrator may conclude that the applicable law of any foreign jurisdiction would be identical to that of Texas on the pertinent issue(s), absent a party's providing the Arbitrator with relevant authorities (and copying the opposing party) at least five business days before the arbitration hearing. NATURE OF AWARD The Arbitrator must render its award, to the extent feasible, within 30 days after the close of the hearing. The award must set forth the material findings of fact and legal conclusions supporting the award. The parties agree that it will be final, binding, and enforceable by any court of competent jurisdiction. Where necessary or appropriate to effectuate relief, the Arbitrator may issue equitable orders as part of or ancillary to the award. The Arbitrator must equitably allocate the costs and fees of the proceeding and may consider in doing so the relative fault of the parties. The Arbitrator may award reasonable attorneys' fees to the prevailing party to the extent a court could have made such an award.

  • Selection of Arbitrator The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute forum, then you can select the forum for the resolution of the Claims.

  • Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.

  • Selection of an Arbitrator The parties will reach agreement on a mutually acceptable arbitrator as needed. If agreement cannot be obtained between the parties then either party can apply to the Minister of Labour to have an arbitrator appointed.

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Jurisdiction of Arbitrator The jurisdiction and authority of the arbitrator of the grievance and his or her opinion and recommendation shall be confined to the express provision or provisions of this agreement at issue between the Association and the Board. The arbitrator shall have no authority to add to, alter, amend, or modify any provision of this agreement, or to make any recommendation which will in any way deprive the Board of any of the powers delegated to it by law. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Board and the Association. The recommendation in writing of the arbitrator within his or her jurisdiction and authority as specified in this agreement shall be final and binding on the aggrieved employee or employees, the Association, and the Board.

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

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