Filing for Arbitration Sample Clauses

Filing for Arbitration. For disputes other than dismissals, the Union must file a Notice of Intent to Arbitrate with the appropriate panel arbitrator within fifty-five (55) calendar days of receipt of the Step 3 response by the Union’s Legal Department. For dismissals, the Union must file such notice within twenty (20) calendar days of receipt of the Step 3 response by the Union’s Legal Department. The Union may request, and the University may agree, to an additional thirty (30) calendar days in which to file a request to select an arbitrator. However, any additional time agreed to will not be used in calculating the University’s liability for any remedy awarded by an arbitrator. Notices of Intent to Arbitrate must concurrently be sent to the USSE’s Director of Labor Relations, or his/her successor, and the University’s Human Resources Office. In the event the Union fails to submit the Notice of Intent to Arbitrate to the Director of Labor Relations or his/her successor within the time limits proscribed above, the grievance shall be considered withdrawn and it cannot be resubmitted.
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Filing for Arbitration. (i) To initiate arbitration, Consignee shall file a written demand for arbitration with JAMS on a fully completed, then current JAMS Demand for Arbitration Form ("Demand") along with a copy of the Consignment Agreement and an amount equal to the filing fee applicable in state court in the jurisdiction in which the arbitration is filed, constituting Consignee’s portion of the arbitration filing fee. Consignee shall simultaneously send a copy of the Demand to Bakery at the following address: Notice to Pepperidge Farm, Incorporated, Attn: Legal Department, 0 Xxxxxxxx Xxxxx, Camden, NJ 08103. The Demand must be filed with JAMS within the time period provided by the statute of limitations applicable to the claim(s) set forth in the Demand. The date upon which the Demand is sent to JAMS shall be the date that the arbitration is initiated for purposes of statute of limitations applicable to the claim(s) asserted. As set forth more fully in Paragraph 27(J), Bakery will pay all arbitration filing fees, except for an amount equal to the filing fee applicable in state court in the jurisdiction in which the arbitration is filed, if the Covered Dispute is initiated by Consignee.
Filing for Arbitration. If the grievant is not satisfied with the disposition of the grievance at Level III, within ten (10) days of the date the decision has been made, or if no decision has been rendered within twenty (20) days after a meeting with the Superintendent, or if no meeting has been held within twenty (20) days after presenting the grievance to the superintendent, arbitration may be requested by the grievant or the exclusive representative if requested by the grievant, by serving a written notice on the director of personnel of the grievant's intent to proceed with arbitration.
Filing for Arbitration. If a grievance or disciplinary appeal is not resolved at Step 2, the Union and the Union alone may submit a matter to arbitration. The submission shall be made in writing to the City’s Human Resources Director within fourteen (14) calendar days after the date the Step 2 response was due.
Filing for Arbitration. In view of recent changes to the Ontario Labour Relations Act, and resulting decisions therefrom, and in view of the parties’ history of amiable Labour Relations, the parties agree to the following: That neither party shall raise or proceed with a timeliness issue argument regarding “filing for arbitration” without first giving the other party written prior notice of its intent to do so. Should either party serve such notice on the other party, the parties further agree that the final time frame in the Collective Agreement respecting “filing for arbitration” shall then be triggered. The parties further agree that any Board of Arbitration or single arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this Agreement and shall not be restricted by the Ontario Labour Relations Act in so doing.
Filing for Arbitration. Neither party shall raise or proceed with a timeliness issue argument regarding "filing for arbitration" without first giving the other party written notice of its intent to do so. Should either party serve such notice on the other party, the parties further agree that the final time frame in the Collective Agreement respecting "filing for arbitration" shall then be triggered. The parties further agree that any Board of Arbitration or single Arbitrator shall have full jurisdiction to adjudicate the matter respecting timeliness in light of this agreement and shall not be restricted by the Ontario Labour Relations Act in so doing. Signed on behalf of the parties at Hamilton, Ontario, this 4th day of September, 2020. Xxxx Xxxxxxxx Xxxxxx Xxxxxxx Xxxx Xxxxxxxxxx LETTER OF UNDERSTANDING UNITED FOOD & COMMERCIAL WORKERS CANADA, LOCAL 175 the "Union" -and- REVERA RETIREMENT LP carrying on business as WINDERMERE ON THE MOUNT RETIREMENT RESIDENCE the "Employer"
Filing for Arbitration. For disputes other than dismissals, the Union must file a Notice of Intent to Arbitrate with the appropriate panel arbitrator within fifty-five (55) calendar days of receipt of the Step 3 response by the Union’s Legal Department. For dismissals, the Union must file such notice within twenty (20) calendar days of receipt of the Step 3 response by
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Filing for Arbitration. Within ten (10) days after receiving the decision of the Governing Board and assuming no satisfaction or if no decision is rendered within the time limits, a written notice to continue the process shall be submitted to the Governing Board President. The grievance may then be submitted to arbitration before an impartial arbitrator.

Related to Filing for Arbitration

  • Demand for Arbitration The demand for arbitration must be in writing and must be made by the aggrieved party within the statute of limitations period provided under applicable State and/or Federal law for the particular claim(s). Failure to make a written demand within the applicable statutory period constitutes a waiver of the right to assert that claim in any forum.

  • Request for Arbitration Either party may request such arbitration. Stanford and ***** will mutually agree in writing on a third-party arbitrator within 30 days of the arbitration request. The arbitrator’s decision will be final and nonappealable and may be entered in any court having jurisdiction.

  • Step Four - Arbitration 15.6.1. If a grievance is not resolved at Step Three, the Association may request a hearing before an arbitrator. The request shall be filed in the Human Resource Services Division or designee within fifteen (15) workdays after the written decision of the division representative becomes effective.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

  • 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.

  • Appeal to Arbitration An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:

  • Mediation/Arbitration Employee agrees that prior to filing any motion or claim against the Company or any of its employees, Employee will offer to engage in informal mediation. Each party shall bear its own costs of mediation and one-half of the cost of the mediator. Additionally, any claim by either party arising out of or related to this Agreement, or its breach, or related in any way to Employee's employment or its termination (except claims of employment discrimination under local, state or federal laws, and requests for equitable relief under Section 9 above), shall be settled by arbitration using a single arbitrator and administered by the American Arbitration Association under its Employment Dispute Resolution Rules. Any arbitration shall take place in Seattle, Washington, and the parties waive the right to a trial de novo or appeal, excepting only for the purpose of enforcing the arbitrator's decision, for which purpose the parties agree that the Superior Court for King County, Washington shall have jurisdiction. The nature, proceedings and results of the mediation or arbitration shall be kept confidential and kept from public disclosure to the extent possible.

  • LITIGATION OR ARBITRATION In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

  • Governing Law; Arbitration This Agreement shall be governed and interpreted in accordance with the laws of the State of New York without giving effect to the conflicts of law principles thereof. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 5.2, including the provisions concerning the appointment of the arbitrators, this Section 5.2 shall prevail. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. In the event of the arbitration of any Dispute pursuant to this Section, the losing party in such arbitration shall pay to the prevailing party all expenses and fees (including reasonable attorneys’ fees) incurred in connection with the arbitration of such Dispute, and the arbitration order, ruling or award shall contain a specific provision providing for such payment.

  • 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.

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