Common use of Arbitration and Mediation Clause in Contracts

Arbitration and Mediation. 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. 8.02 Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Management Committee in Step 3 of the Grievance Procedure. 8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. 8.04 If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. 8.05 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. 8.06 The Arbitration Board shall not have jurisdiction to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable. 8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its decision regarding incurring such expenses. 8.08 Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. 8.09 The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this Agreement. (a) Either party may, at the same time as filing the notice in Article 8.02 or within the time limit provided therein, serve the other with a Notice of Intent to Mediate the difference. If the other party agrees to the mediation of the difference, it shall reply in writing within five (5) working days to that effect and the parties will proceed to the selection of a mediator as set out below. (b) If the parties agree to mediate, the arbitration provisions of this Article shall be held in abeyance until the day the mediation procedure has concluded without a final resolution of the difference, after which the arbitration provisions of this Article will continue, including access to expedited arbitration but not to consensual mediation- arbitration under the Labour Relations Act. (c) The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the parties in writing. If the mediator next in rotation is unavailable to mediate the difference within 30 days of the Notice of Intent to Mediate, the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is available, and the parties are unable to agree upon an alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. (d) The mediator shall determine the process and the procedure for mediation which, in his or her opinion, best suits the nature of the dispute and creates the optimum environment for resolution between the parties. (e) If the mediator is able to fashion a consensus between the parties, the mediated settlement shall be reduced to writing, and is a final and binding settlement. Any concerns with respect to the interpretation, application or administration of the settlement shall be referred back to the mediator for resolution, and the mediator’s determination of the issue is final and binding upon the parties. (f) Unless the parties agree otherwise, the mediated settlement does not create a precedent for the disposition of the same issues in the future. (g) If the parties are unable to conclude a settlement with the assistance of the mediator on the day appointed for that purpose, then the arbitration provisions of this Article shall apply unless the parties agreed to continue mediation on additional days with the mediator. If both parties are agreed, the mediator may be appointed as the arbitrator to hear and determine the difference in accordance with the requirements of this Article and the Labour Relations Act. (h) The mediation provisions of this Article shall have no application in the event either party request the Minister to appoint a consensual mediator-arbitrator under the Labour Relations Act. (i) The Mediator shall not be a compellable witness at arbitration and any discussions with the mediator shall be given the same protected status as discussions between the parties in the grievance procedure. 8.11 The Employer shall maintain pay and reimburse expenses for two (2) members of the Union Grievance Committee and the grievor, while attending arbitration meetings under the Labour Relations Act, including consensual mediation-arbitration as well as meetings held pursuant to the Mediation process under clause 8.10. The union may send another two (2) CUPE Local representatives and will reimburse the employer for wages and expenses. The Employer shall pay all other costs associated only with the Mediation process as outlined in clause 8.10.

Arbitration and Mediation. 8.01 Where a difference arises between the 14:01 Both parties relating to the interpretation, application this agreement agree that any dispute or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement grievance which has been violated, either properly carried through all steps of the parties may, after exhausting the grievance procedure established by this Agreementas outlined in Article 12 or through the mediation process and which has not been settled will, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. 8.02 Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Management Committee in Step 3 of the Grievance Procedure. 8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. 8.04 If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon at the request of either partyof the parties, be referred to a Board of Arbitration as provided under the Ontario Labour Relations Act at any time within twenty (20) working days thereafter but not later. 8.05 14:02 The decision of the Board of Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is be final and binding upon the on both parties and upon any on each and every employee affected by itinvolved. 14:03 No matter shall be arbitrable which does not involve a question concerning the interpretation, application, administration or alleged violation of the agreement. The decision Board of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. 8.06 The Arbitration Board shall not have jurisdiction any power to alter, alter or change any of the provisions of this Agreementagreement or substitute any new provisions or change any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable. 8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its decision regarding incurring such expenses. 8.08 Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. 8.09 The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this Agreementagreement. (a) Either party may, at The parties hereto will bear the same time as filing the notice in Article 8.02 or within the time limit provided therein, serve the other with a Notice of Intent to Mediate the difference. If the other party agrees to the mediation expense of the difference, nominee appointed to represent it shall reply and will jointly in writing within five (5) working days to that effect equal amounts share the remuneration of the Chairman of the Board of Arbitration and any other expenses of the parties will proceed to the selection of a mediator as set out belowChairman. (b) If The Society agrees to allow the griever to attend at the arbitration with no loss in pay. 14:05 No person shall be selected for the Board of Arbitration who has been involved in attempts to negotiate or settle the grievance. 14:06 Notwithstanding the provisions of this article, the parties may mutually agree to submit the grievance to a single arbitrator. The single arbitrator shall possess the same powers and be subject the same limitations as the Board of Arbitrators. 14:07 Where the parties agree, the grievance may be referred to a mutually agreeable mediator. Such mediation shall be held within ninety (90) days after a decision at Step Three (3) of the grievance procedure has been rendered unless otherwise agreed. The parties agree to mediateshare the costs of the mediator. The mediation process is without prejudice to either party. No matter may be submitted to mediation which has not been properly carried through the grievance procedure. If no settlement is reached within ten (10) calendar days following the date of mediation, the arbitration provisions of parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as a Mediator may serve as Arbitrator. Nothing said or done by the mediator may be referred to by either party at Arbitration. When mutually agreed between the Society and the Union, the mediation procedure in this Article shall be held in abeyance until considered the day the mediation procedure has concluded without a final resolution exhaustion of the difference, after which grievance procedure for the arbitration provisions purposes of this Article will continue, including access to expedited arbitration but not to consensual mediation- arbitration under Section 49 of the Ontario Labour Relations Act. (c) The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the parties in writing. If the mediator next in rotation is unavailable to mediate the difference within 30 days of the Notice of Intent to Mediate, the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is available, and the parties are unable to agree upon an alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. (d) The mediator shall determine the process and the procedure for mediation which, in his or her opinion, best suits the nature of the dispute and creates the optimum environment for resolution between the parties. (e) If the mediator is able to fashion a consensus between the parties, the mediated settlement shall be reduced to writing, and is a final and binding settlement. Any concerns with respect to the interpretation, application or administration of the settlement shall be referred back to the mediator for resolution, and the mediator’s determination of the issue is final and binding upon the parties. (f) Unless the parties agree otherwise, the mediated settlement does not create a precedent for the disposition of the same issues in the future. (g) If the parties are unable to conclude a settlement with the assistance of the mediator on the day appointed for that purpose, then the arbitration provisions of this Article shall apply unless the parties agreed to continue mediation on additional days with the mediator. If both parties are agreed, the mediator may be appointed as the arbitrator to hear and determine the difference in accordance with the requirements of this Article and the Labour Relations Act. (h) The mediation provisions of this Article shall have no application in the event either party request the Minister to appoint a consensual mediator-arbitrator under the Labour Relations Act. (i) The Mediator shall not be a compellable witness at arbitration and any discussions with the mediator shall be given the same protected status as discussions between the parties in the grievance procedure. 8.11 The Employer shall maintain pay and reimburse expenses for two (2) members of the Union Grievance Committee and the grievor, while attending arbitration meetings under the Labour Relations Act, including consensual mediation-arbitration as well as meetings held pursuant to the Mediation process under clause 8.10. The union may send another two (2) CUPE Local representatives and will reimburse the employer for wages and expenses. The Employer shall pay all other costs associated only with the Mediation process as outlined in clause 8.10.

Arbitration and Mediation. 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. 8.02 Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Management Committee in Step 3 4 of the Grievance Procedure. 8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. 8.04 If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. 8.05 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. 8.06 The Arbitration Board shall not have jurisdiction to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable. 8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its decision regarding incurring such expenses. 8.08 Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. 8.09 The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this Agreement. (a) Either party may, at the same time as filing the notice in Article 8.02 or within the time limit provided therein, serve the other with a Notice of Intent to Mediate the difference. If the other party agrees to the mediation of the difference, it shall reply in writing within five (5) working days to that effect and the parties will proceed to the selection of a mediator as set out below. (b) If the parties agree to mediate, the arbitration provisions of this Article shall be held in abeyance until the day the mediation procedure has concluded without a final resolution of the difference, after which the arbitration provisions of this Article will continue, including access to expedited arbitration but not to consensual mediation- mediation-arbitration under the Labour Relations Act. (c) The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the parties in writing. If the mediator next in rotation is unavailable to mediate the difference within 30 days of the Notice of Intent to Mediate, the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is are available, and the parties are unable to agree upon an alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. (d) The mediator shall determine the process and the procedure for mediation which, in his or her opinion, best suits the nature of the dispute and creates the optimum environment for resolution between the parties. (e) If the mediator is able to fashion a consensus between the parties, the mediated settlement shall be reduced to writing, and is a final and binding settlement. Any concerns with respect to the interpretation, application or administration of the settlement shall be referred back to the mediator for resolution, and the mediator’s determination of the issue is final and binding upon the parties. (f) Unless the parties agree otherwise, the mediated settlement does not create a precedent for the disposition of the same issues in the future. (g) If the parties are unable to conclude a settlement with the assistance of the mediator on the day appointed for that purpose, then the arbitration provisions of this Article shall apply unless the parties agreed to continue mediation on additional days with the mediator. If both parties are agreed, the mediator may be appointed as the arbitrator to hear and determine the difference in accordance with the requirements of this Article and the Labour Relations Act. (h) The mediation provisions of this Article shall have no application in the event either party request requests the Minister to appoint a consensual mediator-arbitrator under the Labour Relations Act. (i) The Mediator shall not be a compellable witness at arbitration and any discussions with the mediator shall be given the same protected status as discussions between the parties in the grievance procedure. 8.11 (j) The Employer shall maintain pay and reimburse expenses all costs associated only with the Mediation process as outlined in clause 8.09. All other costs for two (2) members of the Union Grievance Committee and the grievor, while attending arbitration meetings Arbitration under this clause or under the Labour Relations Act, including consensual mediation-arbitration as well as meetings held pursuant shall continue to the Mediation process under clause 8.10. The union may send another two (2) CUPE Local representatives and will reimburse the employer for wages and expenses. The Employer shall pay all other costs associated only be shared in accordance with the Mediation process as outlined in clause 8.10current practice.

Arbitration and Mediation. 8.01 Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten days after the Employer's decision has been rendered at the step prior to arbitration. Where a difference arises between the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance mediation will within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties relating pay extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the interpretationMediator, application or administration and if possible, in advance of this Agreementthe Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five days following Grievance Mediation, including any question as the parties are free to whether submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a matter is arbitrable, or where an allegation is made that this Agreement grievance which has been violatedmediated subsequently proceeds to arbitration, either no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the mediator may be referred to Arbitration. The Union and Employer will share the cost of the parties mayMediator, after exhausting if any. When either party requests that a grievance be submitted to arbitration, the grievance procedure established by this Agreement, notify request shall be in writing addressed to the other party in writing of its desire to submit the difference or allegation to arbitration this Agreement and the notice shall contain the name of the first party's appointee nominee to an Arbitration Board. 8.02 Such noticethe Board of Arbitration. The two so nominated shall endeavour within ten days after the appointment of the second of them to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon the third person as Chairman within ten days after the appointment of the second one of them, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to then either party in writing not more than may request the Labour-Management Arbitration Commission for the Province of Ontario to appoint the third member and Chairman of the Board of Arbitration. The said two arbitrators first appointed shall be at liberty prior to the expiration of ten (10) working days subsequent to from the written decision of the Management Committee in Step 3 of the Grievance Procedure. 8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days date of the appointment of the second of them, appoint a third person who shall be or prior to the Chairperson. 8.04 If the recipient appointment of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson third arbitrator within the time limited, said period of ten (10) days to discuss the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. 8.05 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. 8.06 The Arbitration Board shall not have jurisdiction grievance submitted to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable. 8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its decision regarding incurring such expenses. 8.08 Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. 8.09 The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this Agreement. (a) Either party may, at the same time as filing the notice in Article 8.02 or within the time limit provided therein, serve the other them with a Notice of Intent view to Mediate the difference. If the other party agrees to the mediation of the difference, it shall reply in writing within five (5) working days to that effect and the parties will proceed to the selection of a mediator as set out below. (b) If the parties agree to mediate, the arbitration provisions of this Article shall be held in abeyance until the day the mediation procedure has concluded without a final resolution of the difference, after which the arbitration provisions of this Article will continue, including access to expedited arbitration but not to consensual mediation- arbitration under the Labour Relations Act. (c) The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the parties in writing. If the mediator next in rotation is unavailable to mediate the difference within 30 days of the Notice of Intent to Mediate, the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is available, and the parties are unable to agree upon an alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. (d) The mediator shall determine the process and the procedure for mediation which, in his or her opinion, best suits the nature of the dispute and creates the optimum environment for resolution between the parties. (e) If the mediator is able to fashion a consensus between the parties, the mediated settlement shall be reduced to writing, and is a final and binding mutual settlement. Any concerns with respect to the interpretation, application or administration of the settlement shall be referred back to the mediator for resolution, and the mediator’s determination of the issue is final and binding upon the parties. (f) Unless the parties agree otherwise, the mediated settlement does not create a precedent for the disposition of the same issues in the future. (g) If the parties are unable to conclude a settlement with the assistance of the mediator on the day appointed for that purpose, then the arbitration provisions of this Article shall apply unless the parties agreed to continue mediation on additional days with the mediator. If both parties are agreed, the mediator No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the arbitrator to hear and determine the difference in accordance with the requirements of this Article and the Labour Relations Actparticular grievance concerned. (h) The mediation provisions of this Article shall have no application in the event either party request the Minister to appoint a consensual mediator-arbitrator under the Labour Relations Act. (i) The Mediator shall not be a compellable witness at arbitration and any discussions with the mediator shall be given the same protected status as discussions between the parties in the grievance procedure. 8.11 The Employer shall maintain pay and reimburse expenses for two (2) members of the Union Grievance Committee and the grievor, while attending arbitration meetings under the Labour Relations Act, including consensual mediation-arbitration as well as meetings held pursuant to the Mediation process under clause 8.10. The union may send another two (2) CUPE Local representatives and will reimburse the employer for wages and expenses. The Employer shall pay all other costs associated only with the Mediation process as outlined in clause 8.10.

Arbitration and Mediation. 8.01 Where a difference arises between the 14:01 Both parties relating to the interpretation, application this agreement agree that any dispute or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement grievance which has been violated, either properly carried through all steps of the parties may, after exhausting the grievance procedure established by this Agreementas outlined in Article 12 or through the mediation process and which has not been settled will, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. 8.02 Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Management Committee in Step 3 of the Grievance Procedure. 8.03 The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. 8.04 If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon at the request of either partyof the parties, be referred to a Board of Arbitration as provided under the Ontario Labour Relations Act at any time within twenty (20) working days thereafter but not later. 8.05 14:02 The decision of the Board of Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is be final and binding upon the on both parties and upon any on each and every employee affected by itinvolved. 14:03 No matter shall be arbitrable which does not involve a question concerning the interpretation, application, administration or alleged violation of the agreement. The decision Board of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. 8.06 The Arbitration Board shall not have jurisdiction any power to alter, alter or change any of the provisions of this Agreementagreement or substitute any new provisions or change any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. (a) The parties hereto will bear the expense of the nominee appointed to represent it and will jointly in equal amounts share the remuneration of the Chairman of the Board of Arbitration and any other expenses of the Chairman. (b) The Society agrees to allow the griever to attend at the arbitration with no loss in pay. 14:05 No person shall be selected for the Board of Arbitration who has been involved in attempts to negotiate or settle the grievance. 14:06 Notwithstanding the provisions of this article, the parties may mutually agree to submit the grievance to a single arbitrator. The single arbitrator shall possess the same powers and be subject the same limitations as the Board of Arbitrators. 14:07 Where the parties agree, the grievance may be referred to a mutually agreeable mediator. Such mediation shall be held within ninety (90) days after a decision at Step Three (3) of the grievance procedure has been rendered unless otherwise agreed. The parties agree to share the costs of the mediator. The mediation process is without prejudice to either party. No matter may be submitted to mediation which has not been properly carried through the grievance procedure. If no settlement is reached within ten (10) calendar days following the date of mediation, the parties are free to submit the matter to Arbitration as hereinafter provided. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as a Mediator may serve as Arbitrator. Nothing said or done by the mediator may be referred to by either party at Arbitration. When mutually agreed between the Society and the Union, the mediation procedure in this Article shall be considered the exhaustion of the grievance procedure for the purposes of Section 49 of the Ontario Labour Relations Act. 14:08 Process of PDT Referral To Local Tables and Dispute (a) The Employers group shall forward a copy of this agreement to the Executive Directors of all represented Employers and shall unanimously recommend that it be accepted by each Employer. Each Union shall forward a copy to their local Presidents and shall unanimously recommend that it be accepted by each local union. The parties shall agree on a joint release date. (b) Each Employer and Local that opts into the agreement will unanimously recommend ratification of the terms in Parts 9 to 16 of the Consensus Agreement nor deal with by their local principals. (c) Where there is a dispute between local parties regarding the incorporation of any matter term(s) of this Consensus Agreement into a local collective agreement, the Employers group and Union group parties to this Consensus Agreement may each select one representative from their respective group to assist the local parties in resolving such dispute. (d) Where there is a dispute regarding language issues that are included in a collective agreement by virtue of the PDT agreement the provisions of the local collective agreement shall be used to resolve such disputes. (e) Where there is a dispute between the Employers group and Union group parties to this Consensus Agreement regarding the interpretation, application or alleged violation of its terms, and that dispute does not covered arise under a local collective agreement such that Part 16 d) applies to it, the dispute shall be referred to final and binding arbitration as follows: (i) A labour arbitrator will be selected by mutual agreement of the parties within 30 days of the dispute arising. If agreement cannot be reached then, within that 30 day period, either party may apply to the Ministry of Labour for the appointment of an arbitrator. This time limit may be extended by mutual agreement. (ii) Where the parties agree, the arbitrator may act as a “mediator-arbitrator”. (iii) The arbitrator will have the same powers and authority as set out in section 48 of the Ontario Labour Relations Act. The arbitrator will not have the authority to add to, modify or delete any part of this Consensus Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty in such a way that in the opinion of the Arbitrator is just and equitable. 8.07 It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with arbitrator shall be divided equally among the parties and obtain agreement from the parties before making its decision regarding incurring such expenses. 8.08 Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. 8.09 The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this Agreement. (a) Either party may, at the same time as filing the notice in Article 8.02 or within the time limit provided therein, serve the other with a Notice of Intent to Mediate the difference. If the other party agrees to the mediation of the difference, it shall reply in writing within five (5) working days to that effect and the parties will proceed to the selection of a mediator as set out below. (b) If the parties agree to mediate, the arbitration provisions of this Article shall be held in abeyance until the day the mediation procedure has concluded without a final resolution of the difference, after which the arbitration provisions of this Article will continue, including access to expedited arbitration but not to consensual mediation- arbitration under the Labour Relations Act. (c) The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the parties in writing. If the mediator next in rotation is unavailable to mediate the difference within 30 days of the Notice of Intent to Mediate, the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is available, and the parties are unable to agree upon an alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. (d) The mediator shall determine the process and the procedure for mediation which, in his or her opinion, best suits the nature of the dispute and creates the optimum environment for resolution between the parties. (e) If the mediator is able to fashion a consensus between the parties, the mediated settlement shall be reduced to writing, and is a final and binding settlement. Any concerns with respect to the interpretation, application or administration of the settlement shall be referred back to the mediator for resolution, and the mediator’s determination of the issue is final and binding upon the partiesdispute. (f) Unless the parties agree otherwise, the mediated settlement does not create a precedent for the disposition of the same issues in the future. (g) If the parties are unable to conclude a settlement with agree on an arbitrator as per e) i) above, the assistance parties agree to appoint as arbitrator the person named by the Minister of Labour or their designate. For the purposes of this article, Parts 9 to 16 of the mediator on Consensus Agreement refer to the day appointed for that purposefollowing: Part 9: Benefits Savings (Letter of Understanding # 5) Part 10: Wellness Strategy (Article 31:10) Part 11: Compensation & Benefits (Wage Schedule, then the arbitration provisions Article 31:10, Article 31:03) Part 12: Workplace Safety and Insurance Act (Article 30:05) Part 13: Job Security (Article 21:03, Article 39) Part 14: Superior Provisions (Letter of this Article shall apply unless the parties agreed to continue mediation on additional days with the mediator. If both parties are agreed, the mediator may be appointed as the arbitrator to hear and determine the difference in accordance with the requirements Understanding # 6) Part 15: Recruitment & Retention – Mobility of this Article and the Labour Relations Act. (h) The mediation provisions of this Article shall have no application Employees in the event either party request the Minister Child Welfare Sector (Article 38:01) Part 16: Process of PDT Referral to appoint a consensual mediator-arbitrator under the Labour Relations Act. Local Tables and Dispute (i) The Mediator shall not be a compellable witness at arbitration and any discussions with the mediator shall be given the same protected status as discussions between the parties in the grievance procedure. 8.11 The Employer shall maintain pay and reimburse expenses for two (2) members of the Union Grievance Committee and the grievor, while attending arbitration meetings under the Labour Relations Act, including consensual mediation-arbitration as well as meetings held pursuant to the Mediation process under clause 8.10. The union may send another two (2) CUPE Local representatives and will reimburse the employer for wages and expenses. The Employer shall pay all other costs associated only with the Mediation process as outlined in clause 8.10.Article 14:08)