Common use of 00 - ARBITRATION Clause in Contracts

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. 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 five (75) calendar working 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 The parties hereto shall jointly, in writing, stipulate the matter to be arbitrated to the arbitrator. 10.05 If the parties fail to reach agreement on an arbitrator within seven two (72) calendar days or within such longer period as they may mutually agree upon, the Federal Minister of Labour Labor shall appoint an arbitrator. 10.05 10.06 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 10.07 The proceedings of the arbitration shall be expedited by the parties hereto. 10.07 10.08 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 upondecision. 10.08 10.09 The parties shall each pay one-half of the expenses of the arbitrator.

00 - ARBITRATION. 10.01 Any matter or question arising from the interpretation interpretation, application, administration administration, or an alleged violation of this Agreement, including the question of whether a matter is arbitrablearbitral, 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 five (75) calendar working days after notice of intent to arbitrate has been given as provided in Section Clause 9.08 hereof, the Company and the Union shall attempt to jointly name an arbitrator. No person shall may be named as an arbitrator who has participated in an attempt to settle the grievance or dispute. 10.04 The parties hereto shall jointly, in writing, stipulate the matter to be arbitrated to the arbitrator. 10.05 If the parties fail to reach agreement on an arbitrator Arbitrator, within seven two (72) calendar days or within such longer period as they may mutually agree upon, the Federal Minister of Labour shall appoint an arbitratorArbitrator. 10.05 Such 10.06 The arbitrator shall not have make any authority to add, subtract, alter, amend or extend decision inconsistent with the provisions of the agreementthis Agreement nor shall he alter, nor substitute their discretion for Management’s discretion. However, such arbitrator in cases modify or amend any part 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 10.07 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 single format as mutually agreed uponby the parties, it is understood and agreed that in the event mutual agreement is not obtained then the Single format will apply. Process as follows: Single: Standard formal arbitration as directed by the arbitrator. Expedited: 1. Hearings will be in Calgary at locations agreed to by the parties, unless mutually agreed otherwise. 10.08 The parties 2. Grievances shall each pay one-half be presented by a designated representative of the expenses Union and a designated representative of the arbitratorCompany (i.e. not outside representatives such as lawyers). 3. All representations are to be short and concise with: (i) comprehensive opening statement dealing with the facts and provisions of the collective agreement upon which reliance is placed. (ii) Limited use of precedential authorities. (iii) Parties endeavouring to conclude cases within one working day. Nothing in the foregoing limits either party from introducing all the evidence they believe relevant to this case.