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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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Last modified
11/23/2020 8:42:01 AM
Creation date
11/23/2020 8:34:16 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
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Section 7.8 Expedited Enforcement Procedure Any party, including the City, which the <br />Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary <br />of this Article, or the CWA Administrator, may institute the following procedures, in lieu of or in <br />addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or <br />Section 8.3 is alleged. <br />7.8.1 The Party invoking this procedure shall notify Fred Horowitz, or Louis Zigman, <br />who have been selected by the negotiating Parties, and whom the Parties agree shall be the <br />permanent arbitrators under this procedure. If the permanent arbitrators are unavailable at any <br />time, any one of the permanent Arbitrators who is notified shall appoint his alternate to hear the <br />matter. Expenses incurred in arbitration shall be borne equally by the Parties involved in the <br />arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, <br />however, that the arbitrator shall not have the authority to alter or amend or add to or delete from <br />the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most <br />expeditious means available, with notices to the Parties alleged to be in violation, and to the <br />Trades Council if it is a Union alleged to be in violation. For purposes of this Article, written <br />notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed <br />effective upon receipt. <br />7.8.2 Upon receipt of said notice, the arbitrator named above or his/her alternate shall <br />sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still <br />exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the <br />Executive Secretary and the Senior Official(s) as required by Section 7.6, as above. <br />7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this <br />hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the <br />arbitrator's discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A <br />failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or <br />the issuance of any award by the arbitrator. <br />7.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 7.1 or <br />7.5, above, or Section 8.3 has in fact occurred. The arbitrator shall have no authority to consider <br />any matter in justification, explanation or mitigation of such violation. The award shall be issued <br />in writing within three (3) hours after the close of the hearing, and may be issued without an <br />opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but <br />its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may <br />order cessation of the violation of the Article and other appropriate relief, and such award shall <br />be served on all Parties by hand or registered mail upon issuance. <br />7.8.5 Such award shall be final and binding on all Parties and may be enforced by any <br />court of competent jurisdiction upon the filing of this Agreement and all other relevant <br />documents referred to herein above in the following manner. Written notice of the filing of such <br />enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a <br />temporary order enforcing the arbitrator's award as issued under this Article, all Parties waive <br />the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not <br />waive any Party's right to participate in a hearing for a final order of enforcement, The court's <br />Final Draft Community workforce Agreement <br />6.22.17 19 City of Santa Ana <br />
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