Common use of Arbitration of Grievances Clause in Contracts

Arbitration of Grievances. If a grievance has not been satisfactorily resolved within the Grievance Procedure, the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt of the Mayor's response in Step 4 of the Grievance Procedure. The parties shall jointly request a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt of the list, unless any party requests a replacement panel within that time, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties fail to agree on the statement of the grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, will be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award shall be final and binding upon both parties. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining agreement to replace this Agreement.

Arbitration of Grievances. If a grievance has not been satisfactorily resolved within The party desiring arbitration shall notify the Grievance Procedure, other party in writing and such notice shall contain the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt name of the Mayorfirst party's response in Step 4 nominee to the Arbitration Board. The recipient of the Grievance Procedurenotice shall, within five days, inform the other party of the name of it's nominee. The parties two nominees so selected shall jointly request proceed to select a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt third person who shall act as Chairman of the list, unless any party requests a replacement panel within that time, Arbitration Board. If the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement recipient of the grievance notice fails to be arbitrated prior to appoint a nominee or if the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties two nominees so appointed fail to agree on upon a Chairman within fifteen (15) days, either party may apply to the statement Minister of Labour for Ontario, who shall make such appointments. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the grievance to be submittedArbitration Board is the decision of the Arbitration Board and in the event there is no majority, the Arbitrator decision of the Chairman shall confine his consideration and determination govern. The Arbitration Board shall not have any authority to alter or change in any manner the provisions of this agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the written statement terms and conditions of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from this agreement or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under modify, add to or detract from any provision of this contractual agreement. However, each party Each of the parties hereto shall bear the expense of its own representativesnominee to the Arbitration Board and the parties shall jointly and equally share the expense of the Chairman of the Arbitration Board. If the parties agree on a person to act as sole Arbitrator in a particular case, he shall have all the powers of an Arbitration Board under this agreement and the parties shall jointly and equally share the expense of the Arbitrator. If the Arbitration Board decides that a discharge was without just and sufficient cause, the Board may re-instate the employee and may him for all time lost from the date of the discharge up to the date of re-instatement, less any amounts earned by the employee in the interval or by any other arrangement which is just and equitable. The impartial Arbitrator's fee time limits mentioned inthe grievance and related expenses and expense of obtaining a hearing room, if any, will arbitration procedures may be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses extended by mutual agreement between the parties. Any party desiring ; provided that the time within which a transcript grievance is required to be referred to arbitration under Stage Three of the hearing grievance procedure shall, in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. ARTICLE SENIORITY: Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall bear determine which of them has the cost most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award shall be final and binding upon both parties. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining agreement to replace this Agreementtermination.

Arbitration of Grievances. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen 5) days after the decision at Step is given. When either party request that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon such chairperson within ten days, either may request the Minister of Labour to assist them in selecting a chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. No matter may be submitted to arbitration, which has not been satisfactorily resolved properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a majority decision is not possible, then within the Grievance Procedure, the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt day period the decision in writing of the Mayor's response in Step 4 of the Grievance Procedure. The parties shall jointly request a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt of the list, unless any party requests a replacement panel within that time, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties fail to agree on the statement of the grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, will be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award Chairman shall be final and binding upon both partiesthe Parties hereto. At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. The parties acknowledge that the time limits set out in both the grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining procedures must be strictly complied with except by written agreement to replace this Agreementextend them.

Arbitration of Grievances. If When either party requests that a grievance be sub- mitted to arbitration they shall make such request in writing addressed to the other party in this Agreement and, at the same time nominate an arbitrator. Within five (5) days thereafter the other party shall nominate an arbitrator. The two ar- bitrators nominated shall meet immediatelyand, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agree- ment a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman within a further period of twenty-four (24) hours, they may then request the Minister of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistentwith the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. No matter may be submitted to arbitration which has not been satisfactorily resolved within the Grievance Procedure, the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt of the Mayor's response in Step 4 properly carried through allprevious steps of the Grievance Procedure. The parties shall jointly request a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt of the list, unless any party requests a replacement panel within that time, Arbitration Board will be expedited by the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearinghereto, and the Arbitrator shall confine his decision to of the particular grievance if specified. In the event majority of such board will be final and binding upon the parties fail to agree on hereto. If a majority deci- sion is not possible, then within a ten (10) day period the statement decision in writing of the grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, will be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award Chairman shall be final and binding upon both parties. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning hereto. At any stage of the terms of a new collective bargaining agreement GrievanceProcedure including arbitration, the conferring parties may have the assistanceof the Employeeor employees concerned and any necessary witnesses, and all reasonable arrangements will be made to replace this Agreementpermit the conferr- ing parties to fully investigate the circumstances.

Arbitration of Grievances. If By mutual consent of both Parties a grievance has not been satisfactorily resolved request for the services of a Mediator shall be made within the Grievance Procedure, the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt of the Mayor's response in Step 4 of the Grievance Procedure. The parties shall jointly request a list of seven (7) names from working days. If Arbitration is to be invoked, the American request for Arbitration Associationmust be made in writing within ten calendar days after the grievance has been dealt with in mediation. Either party may unilaterally reject one panel When either Party requests that a grievance be submitted to Arbitration they shall make such request in writing to the other Party in this Agreement and request at the same time recommend a replacement panel at its own expensenumber of Arbitrators. Within seven ten (7IO) calendar days of receipt days, thereafter, the other party shall select one of the listrecommended Arbitrators or suggest a new list from which the other Party may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, unless any party requests they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a replacement panel within that time, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh thirty (7th) name 30 )day period. No person may be appointed as an Arbitrator who will act as the Arbitrator. The City and the FOP Lodge 12 shall has been involved in an attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties fail to agree on the statement of the grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of negotiate or settle the grievance. The Arbitrator Parties shall have no authority to changejointly bear the cost of the single Arbitrator, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend theretoif any. The Arbitrator shall have no authority not be authorized to consider or rule upon make any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by decision inconsistent with the Arbitrator to supersede applicable laws in existence at the time of signing provisions of the Agreement, except not to alter, modify or amend any part of this Agreement. No matter may be submitted to Arbitration, which has not been properly carried through all of the extent as specifically providedprevious steps of the grievance procedure. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense proceedings of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, will be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a be expedited by the Parties hereto and the decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award shall Arbitrator will be final and binding upon both partieson the Parties hereto. At any stage of the grievance procedure including mediation and Arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any witnesses and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all circumstances. The grievance Parties may extend any time limits by mutual consent; the request of such extension and arbitration procedure herein the answer shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining agreement to replace this Agreementbe in writing. Such requests shall not be unreasonably denied.

Arbitration of Grievances. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen (15) days after the decision at Step is given. When either party requests that a grievance has not been satisfactorily resolved within be submitted to arbitration, it shall make such request in writing addressed to the Grievance Procedureother party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the FOP Lodge 12 other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may request a review by an impartial neutral no later than ten (10) calendar days following receipt of the Mayor's response in Step 4 of the Grievance Procedurebe. The parties shall jointly request a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt of the list, unless any party requests a replacement panel within that timeIf applicable, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 two nominees shall attempt to mutually agree in writing as to select by agreement a chairperson for the statement board of the grievance to be arbitrated prior to the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specifiedarbitration. In the event the parties fail If they are unable to agree on upon such chairperson within ten days, either may request the statement Minister of the grievance Labour to assist them in selecting a chairperson. No person may be submitted, the Arbitrator shall confine his consideration and determination appointed as an arbitrator who has been involved in an attempt to the written statement of negotiate or settle the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing Each of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall Parties hereto will bear the expense of its own representatives. The impartial Arbitrator's fee the nominee appointed by it, and related the Parties will jointly bear the expenses and expense of obtaining a hearing roomthe Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board will be split between expedited by the Parties. HoweverParties hereto, should and the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost majority of such transcript unless both parties mutually agree to share said costboard will be final and binding upon the Parties hereto. Copies If a majority decision is not possible, then within a ten day period the decision in writing of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award Chairman shall be final and binding upon both partiesthe Parties hereto. At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. The parties acknowledge that the time limits set out in both the grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining procedures must be strictly complied with except by written agreement to replace this Agreementextend them.

Arbitration of Grievances. If When either Party requests that a grievance be submitted to arbitration they shall make such request in writing addressed to the other Party in this Agreement and, at the same time nominate an arbitrator. Within five (5) days thereafter the other Party shall nominate an arbitrator. The two arbitrators so nominated shall meet immediately and, if within two (2) working days they fail to settle the grievance, they shall attempt to select by agreement a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman within a further period of twenty-four hours, they then request the Minister of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the Parties hereto will bear the expenses of the arbitrator appointed by it, and the Parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistent with the provi- sions of this Agreement, nor to alter, modify or amend any part of this Agreement. No matter may be submitted to arbitration which has not been satisfactorily resolved within the Grievance Procedure, the FOP Lodge 12 may request a review by an impartial neutral no later than ten (10) calendar days following receipt of the Mayor's response in Step 4 of the Grievance Procedure. The parties shall jointly request a list of seven (7) names from the American Arbitration Association. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt of the list, unless any party requests a replacement panel within that time, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement properly carried through all previous steps of the grievance to procedure. The proceedings of the Arbitration Board will be arbitrated prior to expedited by the arbitration hearingParties hereto, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties fail to agree on the statement of the grievance to majority of such board will be submittedfinal and binding upon the Parties hereto. If a majority decision is not possible, then within a ten day period the Arbitrator shall confine his consideration and determination to the written statement in writing of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, will be split between the Parties. However, should the Arbitrator specifically render a split decision, the Arbitrator will render a decision splitting the fees and expenses between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the Arbitrator's decision shall be furnished to both parties with the AAA's guidelines, and such award Chairman shall be final and binding upon both partiesthe Parties hereto. The At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees con- cerned and arbitration procedure herein shall have no application any necessary witnesses, and all reasonable arrangements will be made to permit the resolution of disputes between Parties to fully investigate all the parties concerning the terms of a new collective bargaining agreement to replace this Agreementcircumstances.

Arbitration of Grievances. If When either party requests that a grievance be submitted to arbitration they shall make such request in writing addressed to the other party in this agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter, the other party shall nominate an arbitrator. The two arbitrators so nominated shall attempt to select by agreement a Chairman of an Arbitration Board. If they are unable to agree upon such Chairman they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Chairman, within a thirty (30) day period. No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of this agreement. No matter may be submitted to arbitration which has not been satisfactorily resolved within properly carried through all previous steps of the Grievance Proceduregrievance procedure. At any stage of the grievance procedure including arbitration, the FOP Lodge 12 parties may request a review by an impartial neutral no later than ten (10) calendar days following receipt have the assistance of the Mayor's response in Step 4 employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be to permit the conferring parties to fully investigate all the circumstances. The Parties agree by mutual consent to use a Mediator at any point of the Grievance Procedureand/or Arbitration procedure. The parties shall jointly request a list of seven (7) names from the American Arbitration AssociationMediator will be chosen by mutual agreement. Either party may unilaterally reject one panel and request a replacement panel at its own expense. Within seven (7) calendar days of receipt The cost of the list, unless any party requests a replacement panel within that time, the parties shall alternately strike names, the FOP Lodge 12 striking first thus leaving the seventh (7th) name who will act as the Arbitrator. The City and the FOP Lodge 12 shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the Arbitrator shall confine his decision to the particular grievance if specified. In the event the parties fail to agree on the statement of the grievance to be submitted, the Arbitrator shall confine his consideration and determination to the written statement of the grievance. The Arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or amend thereto. The Arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this collective bargaining agreement be construed by the Arbitrator to supersede applicable laws in existence at the time of signing of the Agreement, except to the extent as specifically provided. The initiating parties shall not be penalized in any way for exercising their rights under this contractual agreement. However, each party shall bear the expense of its own representatives. The impartial Arbitrator's fee and related expenses and expense of obtaining a hearing roomMediator, if any, will be split between jointly borne. The parties may mutually agree that a single Arbitrator shall be appointed in place of a Board of Arbitrators. In the Parties. However, should event that the Arbitrator specifically render parties agree on a split decisionsingle Arbitrator, the Arbitrator will render shall have the same powers as a decision splitting the fees and expenses between the partiesBoard of Arbitrators under this Collective Agreement. Any party desiring a transcript The cost of the hearing shall bear Arbitrator will be jointly borne. All days referred to through Article to are to be construed as calendar days excluding weekends and Holidays. Extension time limits : The parties extend any time limits by mutual consent, the cost request of such transcript unless both parties mutually agree to share said cost. Copies of extension and the Arbitrator's decision answer shall be furnished to both parties with the AAA's guidelines, and such award in writing. Such request shall not be final and binding upon both parties. The grievance and arbitration procedure herein shall have no application to the resolution of disputes between the parties concerning the terms of a new collective bargaining agreement to replace this Agreementunreasonably denied.