AND ARBITRATION PROCEDURE Sample Clauses

AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a arising between the parties relating to the interpretation, application, administration or alleged violation of the agreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within nine
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AND ARBITRATION PROCEDURE. Where a difference arises between the parties hereto, or between the employees and the Employer relative to the interpretation, application, or administration of this Agreement including any question as to whether the matter is arbitrable, or whether an allegation is made that this Agreement has been violated, the matter shall be dealt with in the following manner: Complaints and Grievances It is agreed that an employee has no grievance until has given imm ia FaciI ities Services Supe so ainte n Su sor an op nity to u his/her mpIai The aggrieved will submit the grievance to xxxxxxx. If the employee's xxxxxxx is absent, may submit the grievance to the Chief Xxxxxxx and/or another member of the Grievance Committee. At each step of the grievance procedure, the shall have the right to be present. Step The Chief Xxxxxxx and/or another member of the Grievance Committee will submit a written grievance form to the Manager of Plant within ten working days from the time the employee brought the matter to the attention of immediate supervisor. The Manager of Plant will reply in writing within ten (10) working days. Step Failing settlement being reached in Step the Grievance Committee may, within ten working days, submit the written grievance to the Superintendent of Business. The Grievance Committee and the Superintendent of Business shall meet within five (5) working days of the receipt of the written grievance. The Superintendent of Business shall reply in writing within ten (10) working days of the meeting. Collective Agreement Expiring August Near North District School Board and Local Step If the grievance is not deemed settled on the basis of the answer in Step the Union shall within ten 0) working days of the receipt of the answer in Step notify the Superintendent of Business, in writing of its desire to submit the grievance to a ion a r mediation
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AND ARBITRATION PROCEDURE. The parties to this Agreement believe that it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Manager at the first opportunity. Should any dispute arise between the Employer and a employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, such dispute shall be brought to the attention of the other party as a complaint within fourteen (14) calendar days of the issue giving rise to the complaint. Grievance transmittals shall take place between the bargaining unit representative and the position designated by the Employer. Once a complaint is initiated, the parties shall have a period, not to exceed forty
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AND ARBITRATION PROCEDURE. If an employee covered by this Agreement has a complaint relating to the interpretation, application or administration of this Agreement or where the employee alleges a violation of this Agreement an effort will be made to settle such difference without delay in the following manner. It is that an employee has no grievance until he has first given his immediate supervisor an to adjust his complaint within five (5) working days after the circumstancesgiving rise to the complaint first occurred or originated or the employee reasonably to have of the circumstances.. The immediate supervisor shall communicate his reply to the complaint within two (2) working days STEP If after the above oral discussionhas taken place, such complaint is not settled to the satisfaction of the employee concerned, then the employee with the assistance of a xxxxxxx submit a signed, dated statement of such grievance (on a supplied by the Union) to the appropriate Manager or his designate within five (5) working days after the employee has received the reply of the immediate supervisor. The nature of the grievance, the Article or Articles of the Agreement that has or have been violated, misapplied or misinterpreted. the name of the and the relief or remedy sought shall be set out in the grievance. The Manager or his designate, as the case may be, will hold a meeting within three (3)working days, or such other time as may be agreed by the parties, with the the shift xxxxxxx and the Chairperson to discuss the grievance and shall deliver his decision in writing within five (5) working days following the meeting. Failing settlement. then:
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AND ARBITRATION PROCEDURE. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration alleged violation of the agreement including any question as to whether a matter is arbitrable. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have to the attention of the employee and failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of his immediate supervisor's decision in the following manner and sequence:
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AND ARBITRATION PROCEDURE. 1 Such notification must be sent within fourteen (14) calendar days following delivery of the summary of minutes of the Appeal 2 Committee meeting as provided in Section 2(e) hereof.
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AND ARBITRATION PROCEDURE. 1 (c) Any of the periods within which any of the acts required in Article V are to be performed may be extended by written 2 mutual agreement between the Chairperson of the Bargaining Committee or their designated representative and the Labor
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AND ARBITRATION PROCEDURE. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees. When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits exceed by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act.
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Related to AND ARBITRATION PROCEDURE

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • Expedited Arbitration Procedure The expedited procedure shall be used for either grievances involving Articles exclusively applying to temporary workers or, with the mutual agreement of the Employer and Union, for other grievances. For grievances that do not involve Articles exclusively applying to temporary workers, either the Employer or Union may request in writing that the expedited arbitration procedure be used at the time the Parties are scheduling dates with the arbitrator.

  • Arbitration Procedure 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

  • Expedited Arbitration Procedures If the issue to be resolved through the negotiations referenced in Section 14.2 directly and materially affects service to either Party's end user customers, then the period of resolution of the dispute through negotiations before the dispute is to be submitted to binding arbitration shall be five (5) Business Days. Once such a service affecting dispute is submitted to arbitration, the arbitration shall be conducted pursuant to the expedited procedures rules of the Commercial Arbitration Rules of the American Arbitration Association (i.e., rules 53 through 57).

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties related to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • GRIEVANCE ARBITRATION PROCEDURE The grievance-arbitration procedure set forth in Sections 16.32 through 16.38 shall be applicable only to disputes arising under Division C of this article.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Arbitration Procedures In the event that the employee and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

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