Arbitration Board. Where the parties agree to a Board of Arbitration, the party referring the grievance to arbitration shall also provide the name of that party’s nominee to the Board of Arbitration. Within ten (10) days thereafter, the other party shall answer by registered mail, indicating the name and address of its nominee to the Board of Arbitration. The selection of the Chair shall be in accordance with the list of arbitrators above.
Arbitration Board. If the grievance is to be heard by a three-member arbitration board, the Union and the Employer shall each appoint a member of the arbitration board within five (5) days of notice of arbitration in accordance with Article
26.01. Should the appointed members fail to agree upon the appointment of a chair within five (5) days of their appointment, the Minister of Labour for Nova Scotia shall appoint the chair.
Arbitration Board. 7.1 The Arbitration Board under Article 6 (Step 4) shall not have authority to alter or change any of the provisions of the Agreement, or to insert any new provisions, or to give any decision contrary to the terms and provisions of the Agreement, but it is agreed that where disciplinary action is involved the Arbitration Board shall have the power to award a penalty or amend a penalty imposed by the Company.
7.2 The decision of the Board or a majority of the arbitrators shall be final and binding upon the parties hereto and upon any employee or employees concerned. If there is no decision by a majority of the Board, then the decision of the Chairperson shall be similarly final and binding.
7.3 No costs of any arbitration shall be ordered to or against either party, but each party shall be responsible for the expenses and/or fees payable to its nominee and for one-half the expenses and/or fees payable to the Chairperson of the Board.
Arbitration Board. If the grievance is to be heard by a three-member arbitration board, the Union and the Employer shall each appoint a member of the arbitration board within five (5) days of notice of arbitration in accordance with Article
Arbitration Board. Notwithstanding the agreed procedures for the appointment of a single arbitrator, either party may, prior to the selection of a single arbitrator, inform the other party that it wishes to have the matter heard by a three (3) person board. Within five
Arbitration Board a) When the Grieving Party has requested that a grievance be submitted to arbitration, it shall indicate to the other party within seven (7) days its intention to submit the matter in dispute to a single arbitrator to be agreed upon by both parties.
b) Should either party not agree to submit the dispute to a single arbitrator, both parties shall then have seven (7) days to name their appointee to a three-person Board of Arbitration. The two appointees shall then meet as soon as possible to select an impartial chair.
c) If the parties fail to agree on a single arbitrator, either party fails to appoint its arbitrator to the three-person board, or the two appointees fail to agree upon a chair of the three-person board within seven days of their appointment, the Chair of the Labour Relations Board for the Province of British Columbia shall make the appointment.
Arbitration Board. Pursuant to Article 14.09, where the Parties mutually agree to refer the grievance to a three-person Arbitration Board the process shall be as follows:
(a) The Union and the Employer shall each appoint a member of the Arbitration Board within five (5) working days of notice of arbitration.
(b) The nominees shall mutually agree to a Chairperson within five (5) working days. Should the Parties fail to agree in the selection of a Chairperson within twelve (12) days of the appointment of the nominees, the Chairperson will be named by the Minister of Labour and Workforce Development.
Arbitration Board. Where the Parties agree or if the case to be arbitrated concerns the termination of a Member’s employment for cause or the denial of Tenure, a Grievance may be submitted to an Arbitration Board. Notification shall be provided in writing to the other Party, within twenty-one days of the decision to proceed to Arbitration, indicating the name of an appointee to an Arbitration Board. The third member of the Arbitration Board, who shall be the Chair of the Board, shall be selected by the Parties. If the Parties fail to agree on the choice of a Chair of the Arbitration Board within the time limit indicated above, the Minister of Labour of the Province of Nova Scotia shall be requested to appoint the Chair. The Appointment of the Chair shall be conditional upon the Chair’s agreeing that the award shall be delivered within sixty days of the completion of the hearing (unless the Parties agree otherwise) and that no account shall be rendered until the final award has been rendered. The decision of the majority is the decision of the Arbitration Board, but, if there is no majority, the decision of the Chair governs. Appointments from within the University community to the Arbitration Board shall be unpaid and shall be deemed equivalent to Service on other University committees.
Arbitration Board. If both parties agree that a grievance be heard by a three-member board, the Union and the Employer shall each appoint a member of the arbitration board within ten (10) days of notice of arbitration being given. Should either party fail to appoint a nominee or if the two nominees fail to agree upon a Chair within ten (10) days of the appointment of the second of them, then either party may apply to the Ministry of Labour for appointment of the Chair or such other appointment as is necessary to constitute the board of arbitration.
Arbitration Board. Where both parties agree, a Board of Arbitration, which shall have the same powers and limitations as a Mediator/Arbitrator, may be substituted for an Arbitrator. The nominees shall be selected pursuant to Article 18.4. The finding of the majority of the Board as to the facts, and as to the interpretation, application, administration or alleged contravention of the provisions of this Agreement, shall be final and binding upon all parties concerned including the employee(s) and the College.
