00 - ARBITRATION. 18.01 Any disagreement which may arise between the Landlord and Tenant shall, when a mutually satisfactory settlement cannot be reached, be submitted to arbitration. The arbitration authority may either be a single person mutually satisfactory to both parties, or a board of three, one member to be proposed by each party and a third selected by the two as chosen. The recommendation of the arbitrator or arbitration board shall be accepted as final. The cost of arbitration will be split 50/50 between the Landlord and Tenant.
00 - ARBITRATION. 10.01 Any matter or question arising from the interpretation application, administration or an alleged violation of this Agreement, including the question of whether a matter is arbitrable, may be submitted to arbitration by the parties hereto as herein provided.
10.02 No matter shall be submitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by Section 8.02 and Article 9.00 hereof.
10.03 Within seven (7) calendar days after notice of intent to arbitrate has been given as provided in Section 9.08 hereof, the Company and the Union shall attempt to jointly name an arbitrator. No person shall be named as an arbitrator who has participated in an attempt to settle the grievance or dispute.
10.04 If the parties fail to reach agreement on an arbitrator within seven (7) calendar days or within such longer period as they may mutually agree upon, the Federal Minister of Labour shall appoint an arbitrator.
10.05 Such arbitrator shall not have any authority to add, subtract, alter, amend or extend the provisions of the agreement, nor substitute their discretion for Management’s discretion. However, such arbitrator in cases of employment suspension, discipline or dismissal shall have the right to uphold, amend or rescind the Company’s decision if he finds them unjustified. The arbitrator will have the right to award any compensation limited to the normal wage earnings to a maximum of forty regular hours per week (or his regular hours per week for the rotation schedule) that may have been lost by the employee or ordinary reinstatement, total or partial, or any right or privilege granted by this Collective Agreement.
10.06 The proceedings of the arbitration shall be expedited by the parties hereto.
10.07 The decision of the arbitrator shall be final and binding upon the parties hereto and upon any employee concerned in or affected by the said decision and shall be acted upon no later than fourteen (14) calendar days after receipt of the award, or any other timeline as mutually agreed upon.
10.08 The parties shall each pay one-half of the expenses of the arbitrator.
00 - ARBITRATION. Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of the Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article 6.00 above, and which has not been settled, may be referred to arbitration, at the written request of either of the parties hereto. (1985)(2016)
00 - ARBITRATION. 10.01 Any matter or question arising from the interpretation, application, administration, or an alleged violation, of this Agreement, including the question of whether a matter is arbitrable, may be submitted to arbitration by the parties hereto as herein provided.
10.02 No matter shall be submitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by Section 8.02 and Article 9.00 hereof.
10.03 Within fifteen (15) working days after notice of intent to arbitrate has been given as provided by Section 9.11 hereof, the Company and the Union shall attempt to agree to a single arbitrator.
10.04 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement nor shall he alter, modify or amend any part of this Agreement.
10.05 The proceedings of the Arbitrator shall be expedited by the parties hereto.
10.06 The decision of the Arbitrator shall be final and binding upon the parties hereto and upon any employee concerned in or affected by the said decision.
10.07 Each of the parties hereto shall bear one-half of the expenses of the Arbitrator.
00 - ARBITRATION. 13.01 The Parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the grievance procedure outlined in Articles 11 or 12, as applicable, shall be referred to Arbitration within twenty-one (21) working days after completion of Articles 11.07 or 12.04 as applicable.
13.02 When either party requests that a grievance be submitted to Arbitration, it shall make such a request in writing addressed to the other party to this Agreement, with a copy to the Boilermaker Contractors' Association. Within ten (10) working days of receipt of notice to proceed to Arbitration, the Boilermaker Contractors' Association will advise both Parties of the Arbitrator, together with the time and place of Arbitration.
13.03 The International Vice-President together with the Boilermaker Contractors' Association will establish a list of acceptable Arbitrators. The single Arbitrator will be chosen in rotation from this list.
13.04 Both Parties shall share equally the expenses and fees of the Arbitrator.
13.05 The Arbitrator shall not be authorized to make any decision inconsistent with the
13.06 The decision of the Arbitrator shall be final and binding upon the Parties hereto.
00 - ARBITRATION. 13.01 The parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the grievance procedure outlined in Articles 11 or 12, as applicable, shall be referred to Arbitration within twenty-one (21) working days after completion of Articles 11.07 or 12.04 as applicable.
13.02 When either party requests that a grievance be submitted to Arbitration, it shall make such a request in writing addressed to the other party to this Agreement, with a copy to the Boilermaker Contractors' Association. Within (10) working days of the receipt of notice to proceed to Arbitration the Parties to the grievance will agree on a mutually acceptable Arbitrator. If the Parties are unable to agree on an Arbitrator the matter can be referred to the Minister for the appointment of an Arbitrator.
13.03 Both parties shall share equally the expenses and fees of the Arbitrator.
13.04 The Arbitrator shall not be authorized to make any decision inconsistent with the
13.05 The decision of the Arbitrator shall be final and binding upon the parties hereto.
00 - ARBITRATION. Arbitration
00 - ARBITRATION. 10.01 Any matter or question arising from the interpretation, application, administration, or an alleged violation of this Agreement, including the question of whether a matter is arbitrable, may be submitted to arbitration by the parties hereto as herein provided.
10.02 No matter shall be submitted to arbitration by the parties hereto unless and until they shall have attempted to arrive at a settlement by the means provided by Section 8.02 and Article
00 - ARBITRATION. 10.01 In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Arbitration by one party giving written notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure. Such referral to Arbitration shall be made in the following manner:
(a) Arbitrator – Either party may have the dispute referred to an Arbitrator, in which case the parties shall exchange names of potential Arbitrators until one is acceptable to both parties. Should the parties not be able to agree upon a suitable Arbitrator within twenty (20) working days, then either party may request the Ministry of Labour to appoint same.
(b) In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Grievance Mediation by one
(1) party giving notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure.
10.02 Any arbitration case shall be heard at Elliot Lake, Ontario or at such other place as the parties mutually agree upon in writing.
10.03 In any arbitration, the written record of the grievance shall be presented to the Arbitrator and the decision of the Arbitrator shall be confined to determining the issues therein set out.
10.04 The parties shall split the cost of the Arbitrator.
10.05 Witness fees and allowances shall be paid by the party calling the witnesses.
10.06 The costs of arbitration shall not be awarded to either party.
10.07 The findings of the Arbitrator as to the facts, meaning and violation of the provisions of this Agreement shall be conclusive and binding upon all parties concerned, but in no case shall the Arbitrator modify or amend any part of this Agreement.
10.08 An Arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision which they deem just and equitable.
00 - ARBITRATION. 21.01 The parties may agree to submit the grievance to a mutually agreed upon single arbitrator. In the event the parties are unable to agree upon the single arbitrator, the parties may request the Minister of Labour to make the appointment.
21.02 Each party shall pay:
1. the fees and expenses of the arbitrator it appoints;
2. one half (½) of the fees and expenses of the chairperson.
