When the matter was first dealt with
by an arbitration board, it weighed the employer's interest in random alcohol testing against the harm of the policy to employees» privacy interests.
Not exact matches
The company said that it intends use the net proceeds from the
arbitration award, after federal and state taxes of approximately 37 percent and certain other expenses, to repurchase Mondelez International Class A Common Stock, subject to final approval
by the
Board of Directors and actual receipt of the proceeds.
Americans for Financial Reform and Public Citizen are defending limits on forced
arbitration from congressional attack with a delivery all 100 U.S. Senate offices: a mock «Get - Out - of - Jail - Free» card for the banks inspired
by the
board game Monopoly.
Supposedly final, agreed - upon program bill language, including changes to
arbitration as part of a local «financial restructuring
board» law, was released
by the governor's office to the AlbanyTimes Union and posted on the paper's Capitol Confidential website at 11:49 a.m. on June 18.
And the representative of the
Boards of Education used her time to denounce how binding
arbitration is used to resolve contract disputes overlooking the fact that Connecticut's binding
arbitration was developed and passed
by a Republican controlled State House and Senate.
Rather, the Court of Appeal confirmed that the decision - making process used
by the
board of
arbitration was flawed.
43.1 (1) At any time on or after the day that is 45 days after the Minister makes an appointment under subsection 43 (5), if the parties have not entered into a collective agreement, either party may apply to the
Board to direct the settlement of a first collective agreement
by mediation -
arbitration.
(9) If the parties do not jointly appoint a mediator - arbitrator within the seven - day period, either party may apply to the
Board to settle the first collective agreement
by mediation -
arbitration.
Where there is an employee complaint regarding an alleged contravention of the anti-reprisal provisions of Bill 203, the Bill will allow the matter to be dealt with
by arbitration where a collective agreement is in place, or through the filing of a complaint with the Ontario Labour Relations
Board (the «
Board»).
(16) Except where a collective agreement states that this subsection does not apply, an arbitrator or
arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or
arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced
by the extension.
277.41 A collective agreement between a
board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement
by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.
(4) Where the boundaries of a district school area are altered in accordance with clause (2)(b) or (d), the Minister shall,
by order, provide for
arbitration of the assets and liabilities of the
boards concerned.
An
arbitration board has upheld the decision
by the Calgary Fire Department to temporarily suspend and demote a captain after he used an expletive to describe female members of the fire crew.
The union certification process would be simplified
by, among other changes, the removal of certain conditions for remedial union certification in cases of employer misconduct, allowing greater access to first contract
arbitration, empowering the Ontario Labour Relations
Board (the «OLRB») to conduct votes outside of the workplace and allowing unions to access employee lists and certain employee contact information once the union has twenty percent (20 %) of employees» support.
Having the issue re-considered
by a new
arbitration board could also take a significant amount of time.
Kaj Hobér, one of the most distinguished
arbitration specialists in Sweden, was appointed
by the
Board of Directors of the Stockholm Chamber of Commerce in a decision last Friday.
Given the language of the collective agreement and the Protocol, it is not a reasonable conclusion that the parties intended to give an unlimited discretion to the
arbitration board to develop a new workload and compensation scheme to apply to the return to work after the strike on a case
by case basis and to have that system operate in conjunction with the rules in Article 11 applicable to the «normal workload.»
In a union challenge to the exclusion
by a College of a Marketing Manager from the Support Staff bargaining unit, an
arbitration board chaired
by Jane Devlin has found that the Marketing Manager position in question fell within Schedule 1, section 5 (d) of the Colleges Collective Bargaining Act, 2008 («employed in a managerial or confidential capacity [to a manager]») and was therefore properly excluded from the bargaining unit.
(c) If the parties have not made a decision as to the number of arbitrators on the respective Arbitral Tribunal within thirty (30) calendar days from receipt of the
arbitration request: decide on whether one or three arbitrators shall be appointed
by the Governing
Board (Art. 2 (2) of the Rules).
The
Board said that it might revisit this aspect of its order if any suggestion arises that the Complainants can not all be represented at
arbitration by the same counsel.
Edited
by Ank Santens and Jennifer Glasser, Senior Associate at White & Case and Secretary of the CPR
Arbitration Committee, the Manual provides guidance on how to draft and manage the dispute resolution methods that are most commonly used in international business transactions (negotiation, mediation, expert determination and dispute
boards, and international commercial and investment
arbitration).
Armed with these principles, the
board of
arbitration turned to a consideration of the evidence proffered
by the employer in support of its random testing policy.
The worker has not had the matter dealt with
by final and binding settlement
by arbitration under a collective agreement or filed a complaint with the
Board under subsection (2).
Case law • Over 13,000 court decisions since 1876 • All decisions reported in print since 1970 • All decisions decided prior to 1970 that have been cited
by courts after 1970 • Parallel citations of all cases published in print appear on the face of the decision • The most complete collection of electronically reported decisions in Canada • Every jurisdiction in Canada • In English and in French, as issued
by the courts • Over 207,000
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board, tribunal and
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by the decision maker • Alberta Labour Relations
Board Decisions Index • Alberta Labour Relations Board Reports • British Columbia Collective Agreement Arbitration Awards • British Columbia Labour Relations Board Decisions • Canada Industrial Relations Board Decisions • Canada Labour Arbitration Decisions • Canada Labour Code Part II Appeals Officers (Health & Safety) Decisions • Canada Public Service Labour Relations Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance Arbitration Awards • Manitoba Labour Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions Index • Alberta Labour Relations
Board Reports • British Columbia Collective Agreement Arbitration Awards • British Columbia Labour Relations Board Decisions • Canada Industrial Relations Board Decisions • Canada Labour Arbitration Decisions • Canada Labour Code Part II Appeals Officers (Health & Safety) Decisions • Canada Public Service Labour Relations Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance Arbitration Awards • Manitoba Labour Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Reports • British Columbia Collective Agreement
Arbitration Awards • British Columbia Labour Relations
Board Decisions • Canada Industrial Relations Board Decisions • Canada Labour Arbitration Decisions • Canada Labour Code Part II Appeals Officers (Health & Safety) Decisions • Canada Public Service Labour Relations Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance Arbitration Awards • Manitoba Labour Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Canada Industrial Relations
Board Decisions • Canada Labour Arbitration Decisions • Canada Labour Code Part II Appeals Officers (Health & Safety) Decisions • Canada Public Service Labour Relations Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance Arbitration Awards • Manitoba Labour Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Canada Labour
Arbitration Decisions • Canada Labour Code Part II Appeals Officers (Health & Safety) Decisions • Canada Public Service Labour Relations
Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance Arbitration Awards • Manitoba Labour Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Canadian Artists and Producers Professional Relations Tribunal Decisions • Décisions de la Commission des lésions professionnelles du Québec • Décisions de la Commission des relations du travail dans la fonction publique • Décisions de la Commission des relations du travail du Québec • Décisions des Agents d'appel en vertu du Code canadien du travail, partie II (santé et securité au travail) • Décisions du Conseil canadien des relations industrielles • Décisions du Tribunal canadien des relations professionnelles artistes - producteurs • Décisions du Tribunal du travail du Québec • Manitoba Grievance
Arbitration Awards • Manitoba Labour
Board Decisions • New Brunswick Industrial Relations Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • New Brunswick Industrial Relations
Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • New Brunswick Labour Adjudication Awards • New Brunswick Labour and Employment
Board Decisions • New Brunswick Public Service Labour Relations Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • New Brunswick Public Service Labour Relations
Board Decisions • Newfoundland and Labrador Labour Arbitration Awards • Newfoundland and Labrador Labour Relations Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Newfoundland and Labrador Labour
Arbitration Awards • Newfoundland and Labrador Labour Relations
Board Decisions • Northwest Territories Labour Arbitration Awards • Nova Scotia Labour Arbitration Awards • Ontario Grievance Settlement Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Northwest Territories Labour
Arbitration Awards • Nova Scotia Labour
Arbitration Awards • Ontario Grievance Settlement
Board Decisions • Ontario Labour Arbitration Awards • Ontario Labour Relations Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Ontario Labour
Arbitration Awards • Ontario Labour Relations
Board Decisions • Ontario Labour Relations Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Ontario Labour Relations
Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Reports • Ontario Occupational Health and Safety Adjudication Decisions • Ontario Pay Equity Hearings Tribunal Decisions • Ontario Public Service Grievance
Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour Arbitration Awards • Prince Edward Island Labour Relations Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Ontario Workplace Safety and Insurance Appeals Tribunal Decisions • Prince Edward Island Labour
Arbitration Awards • Prince Edward Island Labour Relations
Board Decisions • Saskatchewan Labour Arbitration Awards • Saskatchewan Labour Relations Board Decisions • Yukon Labour Arbitration A
Board Decisions • Saskatchewan Labour
Arbitration Awards • Saskatchewan Labour Relations
Board Decisions • Yukon Labour Arbitration A
Board Decisions • Yukon Labour
Arbitration Awards
The allegations, findings, and decisions rendered in ethics and
arbitration hearings are confidential and should not be reported or published
by the
Board, any member of a tribunal, or any party under any circumstances except those established in the Code of Ethics and
Arbitration Manual of the National Association as from time to time amended.
Arbitration conducted
by Member
Boards shall in all respects conform to the requirements of state law applicable to
arbitration.
However, this does not relieve REALTORS ® of their responsibility to be prepared to abide
by any determination made
by the
Board's
arbitration panel and to satisfy any award in a prompt manner.
Member
Boards shall not make a requirement that disputed funds be deposited with the
Board by the respondent in an
arbitration matter prior to an
arbitration hearing, as it is beyond the legitimate authority of the
Board or its Professional Standards Committee.
Rather, the Professional Standards Administrator advises as to the procedures that are appropriate and required, and coordinates all professional standards and
arbitration matters from receipt to final determination
by order of the
Board of Directors.
However, the court noted that Lancaster waived that objection
by agreeing to submit member disputes to
arbitration, and
by actively participating in this
Board arbitration.
In connection with this point, she alleged that the trial court erred in finding that she waived her right to object to
Board arbitration by appearing at the hearing.
Although no party to an arbitrable matter can be required to submit to mediation (unless REALTORS ® [principals] are required
by their
Board to mediate otherwise arbitrable disputes pursuant to Article 17) and mediation is not intended to be a substitute for the
arbitration procedures described elsewhere in this Manual, mediation can be a useful tool in resolving the conflicts that arise involving
Board Members and their clients and customers.
If the
arbitration award is confirmed
by the
Board of Directors following the conduct of the limited procedural review, the nonprevailing party shall have an additional fifteen (15) days from the transmittal of the Directors» decision to institute an appropriate legal challenge to the validity of the
arbitration award.
The complainant and respondent should be encouraged to appreciate each other's position in the matter and to effect a solution that will eliminate the need for
arbitration by the
Board's Professional Standards Committee.
Interpretations of the Code of Ethics has been developed
by the Professional Standards Committee of the National Association of Realtors ® to help Realtors ® understand the ethical obligations created
by the Code of Ethics, and as a reference work for Grievance Committees, ethics and
arbitration Hearing Panels, and
Boards of Directors.
After fifteen (15) days from the transmittal of the Directors» decision, if written notice of a suit challenging the validity of the
arbitration award has not been received
by the
Board, the funds shall be released from the escrow or trust account and paid to the prevailing party.
Prior to the original
arbitration hearing, the
arbitration request was reviewed
by (the
Board's Grievance Committee)(or)(a panel of the
Board's Grievance Committee members) and referred to the
Board's Professional Standards Committee for a hearing.
Dismissals of ethics complaints and
arbitration requests
by hearing panels can be appealed to the
Board of Directors on the same bases as dismissals
by the Grievance Committee.
* In cases of
arbitration not mandated
by the
Board, and in which the
Board provides
arbitration as a service to the parties voluntarily seeking
arbitration, the
Board may recover its legal fees as it deems appropriate.
The manual gave CAR authority to determine whether it would accept a dispute for
arbitration and also provided that such determination was subject to approval
by the
Board of Directors, which may delegate such authority to an appeals panel.
In Karavasilis v. Burch, the Circuit Court of Maryland addressed an
arbitration award
by the Howard County
Board of REALTORS ® (
Board).
Manual for use
by Member
Boards of the National Association to ensure due process in the conduct of hearings to enforce the Code of Ethics and in the
arbitration of business disputes arising out of the real estate business.
The National Association of REALTORS ® Code of Ethics and
Arbitration Manual includes all of the policies established
by the NAR
Board of Directors that relate to
arbitration.
Arbitration An
arbitration request form must be completed and submitted with details of the dispute and the deposit as set
by the association (not to exceed $ 350 as directed
by the
board, refundable if the matter is found to be non arbitrable).
NOTE: The
Board of Directors may condition renewal of membership upon applicant's verification that he / she will submit to a pending ethics or
arbitration proceeding and will abide
by the decision of the Hearing Panel.
It is further recommended that the State Association expand the provisions of the Code of Ethics and
Arbitration Manual as adopted to include detailed procedures for handling interboard
arbitration of business disputes, as defined
by Article 17 of the Code of Ethics, between REALTORS ® of different
Boards within the state.
(5) Method of determining propriety of a complaint of alleged unethical conduct or request for
arbitration: It is suggested that the State Association have a standing Grievance Committee, which shall be the committee to examine a complaint of alleged unethical conduct or request for
arbitration to determine if it is properly presented
by a Member
Board or
Board Member and has validity and substance to warrant a hearing before the State Association's professional standards facilities.
* The State Association, as a Member
Board of the National Association, has the obligation to establish
arbitration procedures and facilities consistent with applicable state law, as required
by the Bylaws, National Association, Article IV, and
by Article 17, Code of Ethics, National Association, for individual members of the State Association.
This method described in Part Eleven of this Manual may also be utilized for the conduct of
arbitration between
Board Members of different
Boards of different states, subject to the parties» voluntary agreement in advance to accept the place, date, and time established for a hearing
by the
arbitration panel chosen in accordance with prescribed procedures, and to pay all costs of such
arbitration as may be directed
by the panel, and further subject to applicable state law of the respective states regarding binding
arbitration.
(3) A client of a Realtor ® principal may invoke the
arbitration facilities of the
Board in a business dispute with a Realtor ® principal or the Realtor ®'s firm (or both) arising out of an agency relationship or legally recognized non-agency relationship, provided the client agrees to be bound
by the
arbitration.