Third Step - Arbitration Sample Clauses
Third Step - Arbitration. 1. If the grievance is not satisfactorily resolved at the Second Step, within twenty (20) working days of the Second Step decision or within twenty (20) working days from the date the Second Step decision was due, the Federation may file a request, in writing, to submit the grievance to binding arbitration.
2. In the event that the parties are unable to agree on a mutually acceptable arbitrator within five (5) working days from the submission of the grievance to arbitration, the Federation may file a request for the appointment of an arbitrator with the Public Employment Relations Commission.
3. The College and the Federation shall bear the expense of their own legal or other representatives. The expense of the arbitrator and the cost of the meeting room shall be borne equally by the College and the Federation.
4. The award of the arbitrator shall be final and binding on both parties.
5. Jurisdiction of the arbitrator shall be according to the terms and conditions set forth in the rules of the Public Employment Relations Commission.
6. Matters reserved by statute or regulation to the Board of Trustees shall not be subject to arbitration.
7. The award of the arbitrator shall be implemented within twenty (20) days from the date of the decision or sooner depending on the nature of the issues involved.
8. At least one week prior to any arbitration, each side will furnish the other with a list of all witnesses and copies of all documents to be presented at the arbitration hearing.
9. In the event a grievance is filed fifteen (15) days prior to commencement, the grievance shall be filed directly to Step Two and a response to the grievance shall be made within five (5) working days.
Third Step - Arbitration. Where a grievance is not settled under the preceding section of this Article, or where there is an unresolved question as to whether or not a matter is arbitrable, either of the parties may notify the other party in writing within thirty (30) days of the answer at Step Two of its desire to submit the grievance or questions to a single arbitrator. A single arbitrator shall then be selected by mutual agreement within fourteen (14) calendar days. If the two parties fail to agree on an arbitrator within the time limits, the Minister of Labour for the Province of Ontario, upon request of either party, shall appoint an arbitrator. The decision of the arbitrator shall be final and binding upon the parties and upon any employee affected by it.
Third Step - Arbitration. In the event the Union is not satisfied with the decision reached at the second step, the Union may appeal to arbitration by filing a written notice of intent to arbitrate with the Connecticut State Board of Mediation and Arbitration and the Director of Personnel and Labor Relations. Such filing must be made within fifteen (15) calendar days of receipt of the second step decision.
Third Step - Arbitration. The Party who filed the grievance shall notify the other Party in writing of its proposed choice of a single arbitrator within ninety (90) days of receipt of the written response in 8.07.02 or following the end of the time period provided in 8.07.02, should no response be given. If the Parties cannot agree on the choice of an arbitrator, either Party may request that the arbitrator be designated by the Minister of Labour, in conformity with the provisions of the Quebec Labour Code.
Third Step - Arbitration. Where a grievance is not settled under the above sections, or where there is an unresolved question as to whether or not a matter is arbitrable, either of the parties may notify the other party in writing within thirty (30) calendar days of the answer at Step Two of its desire to submit the grievance or questions to a single arbitrator. A single arbitrator shall then be selected by mutual agreement within fourteen (14) calendar days. If the two parties fail to agree on an arbitrator within the time limits, the Minister of Labour for the Province of Ontario, upon request of either party, shall appoint an arbitrator. The decision of the arbitrator shall be final and binding upon the parties and upon any employee affected by it.
8.05 Each party shall bear its own costs and the fees and expenses of its own witnesses. The fees and expenses of the arbitrator shall be shared equally by the parties.
8.06 At any stage of the grievance procedure, including arbitration, each of the parties may have the assistance of counsel or representatives including staff representatives of the International Union, the employee or employees concerned and any witnesses. All reasonable arrangements shall be made to permit the representative or representatives of the Union to have access to the plant to view the job site or disputed operations and to confer with the necessary witnesses.
8.07 The arbitrators shall not have jurisdiction to make any decision that is inconsistent with this Collective Agreement or alter or change any of the provisions of this Collective Agreement.
8.08 Any grievance not presented or thereafter processed within the prescribed time limit specified above will be deemed to no longer exist. Should the Employer fail to state its answer or decision on a grievance at any stage within the time limits, the grievance shall be advanced automatically to the next step of the grievance procedure provided, however, that if the grievance has been processed through all the steps and no answer has been provided by the Company after the step 2 timeline, the grievance shall be awarded to the grievor, grievors or Union, as the case may be.
Third Step - Arbitration. If the grievance is not resolved at Step 2 or thereafter, the party filing the grievance shall have a right to proceed to an arbitration within thirty (30) days of the receipt of the written response to the grievance.
Third Step - Arbitration. 11.5.1 In the event that the grievance is not resolved at the preceding step, the Union may appeal the grievance to arbitration by giving written notice of its desire to arbitrate to Employer Human Resources within fourteen (14) calendar days after the issuance date of the Second Step written decision.
11.5.2 The selection of the arbitrator shall be made through a request to the Director of Federal Mediation and Conciliation Service for a panel of seven (7) neutral arbitrators. Within thirty (30) days of receipt of the panel, the parties shall select the arbitrator by alternately deleting one name until six (6) names have been eliminated and the one person whose name remains shall be the elected arbitrator. The parties shall flip a coin to determine who strikes first. The arbitrator shall be notified of his/her selection by a joint letter from the Employer and the Union requesting that he/she set a time and place for the hearing, subject to the availability of the Employer and the Union representatives, and the letter shall specify the issue to the arbitrator.
11.5.3 The arbitrator shall have no right to add to, subtract from, nullify, ignore or modify the terms of this Agreement. If the matter sought to be arbitrated does not involve an interpretation of the terms or provisions of this agreement, the arbitrator shall so rule in his/her award. The award of the arbitrator shall be final and binding on Employer, the Union and the employee or employees involved.
11.5.4 The fees of the arbitrator shall be borne equally by Employer and the Union, but Employer and the Union shall respectively bear the expense of their own representatives, if any.
Third Step - Arbitration