Arbitration Board Authority. It is agreed and understood that the Arbitration Board shall have no authority to alter, modify or annul any part of this Agreement. However, the Arbitration Board shall have authority to substitute such other penalty for the discharge or discipline as the Arbitration Board deems just and reasonable in all circumstances.
Arbitration Board Authority. The Chairperson of the Board of Arbitration (or sole arbitrator as the case may be) shall have the power to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases, and to administer oaths.
Arbitration Board Authority. The Foundation recognizes that an employee may be suspended, terminated or discharged for just cause only and, where an employee has been suspended, terminated or discharged, the Arbitrator or Arbitration Board, after finding there was insufficient cause for the suspension or dismissal or finding the penalty unfair or unreasonable, may:
a) direct the employer to reinstate the employees and pay the employees a sum equal to their wage loss by reason of their suspension or dismissal or a lesser sum as, in
b) make such other directive varying the penalty as it considers fair and reasonable.
Arbitration Board Authority.
a) direct the employer to reinstate the employees and pay the employees a sum equal to their wage loss by reason of their suspension or dismissal or a lesser sum as, in the opinion of the Arbitrator or Arbitration Board, is fair and reasonable; or
b) make such other directive varying the penalty as it considers fair and reasonable.
Arbitration Board Authority. (a) The decision of the majority shall be the decision of the board. The decision of the board shall be final and binding and enforceable on all parties, but in no event shall the board have the power to change this Agreement to alter, modify or amend any of its provisions. However, the board shall have the power to dispose of any discharge or a discipline grievance by any arrangement which in its opinion it deems just and equitable.
(b) The arbitration board shall have the power to waive formal procedural irregularities in its hearing of a grievance in order to determine the real matter in dispute and to enable the giving of a decision according to equitable principles and the justice of the case. This clause notwithstanding, no matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.
Arbitration Board Authority. The Foundation recognizes that an employee may be suspended, terminated or discharged for just cause only and, where an employee has been suspended, terminated or discharged, the Arbitrator or Arbitration Board, after finding there was insufficient cause for the suspension or dismissal or finding the penalty unfair or unreasonable, may:
a) direct the employer to reinstate the employees and pay the employees a sum equal to their wage loss by reason of their suspension or dismissal or a lesser sum as, in the opinion of the Arbitrator or Arbitration Board, is fair and reasonable; or
b) make such other directive varying the penalty as it considers fair and reasonable.
Arbitration Board Authority. The Arbitration Board shall not have authority to amend, or alter, or add to or modify the terms of this Collective Agreement. The Board of Arbitration shall have the powers contained in the Ontario Labour Relations Act in conducting its proceedings.
