Voluntaryarbitrationawardgenerallyfinalexceptions

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Unformatted text preview: risdiction
of
the
 voluntary
arbitrator
or
panel,
provided
in
the
CBA
 • Dispute
over
the
company’s
drug
abuse
policy
 o A
 union’s
 petition
 to
 enjoin
 implementation
 of
 the
 company’s
 drug
 policy
 is
 a
 labor
 dispute
 beyond
 RTC’s
 jurisdiction.
 It
 is
 a
 personnel
 policy
 dispute
 within
 the
 jurisdiction
of
the
voluntary
arbitrator.
 How
voluntary
arbitration
is
initiated
 • May
be
initiated
either
by
 o A
Submission
 Sometimes
called
a
“Stipulation”
or
an
“Agreement
 to
Arbitrate”
 Used
 where
 there
 is
 no
 previous
 agreement
 to
 arbitrate
 4
 Must
 be
 signed
 by
 both
 parties,
 describes
 an
 existing
dispute
 Often
 names
 the
 arbitrator,
 procedures
 in
 the
 hearing
 and
 it
 sometimes
 contains
 considerable
 details
 of
 the
 arbitrator’s
 authority
 and
 other
 matters
which
the
parties
wish
to
control
 Submission
 is
 more
 appropriate
 in
 interest
 disputes
 since
 collective
 agreement
 generally
 do
 not
provide
for
the
arbitration
of
such
disputes
that
 may
arise
in
the
future
 Submission
 is
 often
 entered
 into
 after
 the
 dispute
 has
 materialized
 and
 the
 issues
 can
 already
 be
 defined
 o By
 a
 demand
 or
 notice
 invoking
 a
 collective
 agreement
 arbitration
clause
 More
applicable
to
rights
dispute
because
collective
 agreements
are
required
to
provide
for
a
grievance
 procedure
 and
 voluntary
 arbitration
 clause
 with
 respect
 to
 disputes
 arising
 from
 the
 application
 or
 interpretation
of
the
agreement
 Arbitration
 may
 be
 initiated
 unilaterally
 by
 one
 party
 serving
 upon
 the
 other
 a
 written
 demand
 or
 notice
of
intent
to
arbitrate
 The
submission
Agreement;
Extent
of
arbitrator’s
authority
 o Although
 the
 contract
 may
 establish
 the
 breadth
 of
 the
 arbitrator’s
 power
 and
 limits
 of
 his
 authority,
 his
 power
 may
 be
 more
 sharply
 defined
 in
 the
 submission
 agreement.

 o Sometimes,
 the
 arbitrator
 is
 asked
 by
 the
 parties
 to
 help
 them
frame
the
issue
on
the
basis
of
the
written
grievance
 or
 the
 case
 as
 presented.
 The
 parties
 sometimes
 find
 framing
the
issues
a
difficult
task.
The
issue
argued
in
the
 grievance
 procedure
 may
 be
 quite
 different
 from
 what
 finally
emerges
in
the
submission
agreement
 o In
 general,
 the
 arbitrator
 is
 expected
 to
 decide
 those
 questions
 expressly
 stat...
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This document was uploaded on 03/11/2014.

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