Common use of Arbitration Board Decision Clause in Contracts

Arbitration Board Decision. (a) An Arbitration Board shall be comprised of one (1) member appointed by the Employer, one (1) member appointed by the AUPE and a neutral, Chair appointed by the other two (2) members; (b) As an alternate procedure to a three (3) member Arbitration Board, as set out in Sub-clause 24.04(a) above, the Employer and the AUPE may agree to submit the Grievance to a single Arbitrator; (c) Within ten (10) days of the receipt of the notice referred to in Step Three, the party receiving the Grievance shall notify the other party in writing of the name of its nominee to the Arbitration Board, or its choice of its single Arbitrator; (d) Each party shall bear its own fees and expenses; the fees and expenses of the Chair, or single Arbitrator, shall be shared equally by the parties; (e) If either party fails to appoint a member, or if they are unable to agree on a single Arbitrator, or if the appointed members cannot agree on a neutral Chair, such appointment shall be made in accordance with the Labour Relations Code. (i) The Arbitration Board or single Arbitrator shall not have any power to alter, amend or change the provisions of this Agreement or to substitute any new provisions from the existing provisions. (ii) The Arbitration Board or single Arbitrator shall confine their decisions solely to the precise issues submitted to them and shall have no authority to make a decision on any other issue not so submitted. (g) A Policy Grievance shall be submitted to the other party within ten (10) days of the date upon which the alleged violation of the Collective Agreement has occurred or within ten (10) days from the date upon which the aggrieved party first became aware of the subject of the Grievance. Within fourteen (14) days of filing a Policy Grievance, the parties shall meet in an attempt to resolve the difference. Failure to meet to resolve the difference or if the parties are unable to resolve the Policy Grievance within fourteen (14) days of filing, shall entitle the aggrieved party to advance the Policy Grievance to Step Three within an additional fourteen (14) days. (a) Where a grievance is heard by a three (3) member board, the decision of the majority of the members is the decision of the Board but if there is no majority, the decision of the Chair governs and his decision is the decision of the Arbitration Board. (b) When disciplinary action against an Employee is involved, the Arbitration Board, or single Arbitrator may vary the penalty, as it considers just and reasonable under the circumstances. (c) An award of the Arbitration Board is final and binding on the parties and upon any Employee affected by it.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Arbitration Board Decision. (a) An Arbitration Board shall be comprised of one (1) member appointed by the Employer, one (1I) member appointed by the AUPE and a neutralneutral chairman, Chair appointed by the other two (2) members; (b) ; As an alternate procedure to a three (3) member Arbitration Board, as set out in Sub-clause 24.04(a) Clause above, the Employer and the AUPE may AWE agree to submit the Grievance to a single Arbitrator; (c) ; Within ten (10) days of the receipt of the notice referred to in Step Three, the party receiving the Grievance shall notify the other party in writing of the name of its nominee to the Arbitration Board, or its choice of its single Arbitrator; (d) ; Each party shall bear its own fees and expenses; the fees and expenses of the ChairChairman, or single Arbitrator, shall be shared equally by the parties; (e) ; If either party fails to appoint a member, or if they are unable to agree on a single Arbitrator, or if the appointed members cannot agree on a neutral ChairChairman, such appointment shall be made in accordance io with the Labour Relations Code. (i) . The Arbitration Board or single Arbitrator shall not have any power to alter, amend or change the provisions of this Agreement or to substitute any new provisions from the existing provisions. (ii) . SPECIAL AREAS BOARD The Arbitration Board or single Arbitrator shall confine their decisions solely to the precise issues submitted to them and shall have no authority to make a decision on any other issue not so submitted. (g) A Policy Grievance shall be he submitted to the other party within ten (10) days of the date upon which the alleged violation of the Collective Agreement has occurred occurred, or within ten (10) days from the date upon which the aggrieved party first became aware of the subject of the Grievance. Within fourteen (14) days of filing a Policy Grievance, the parties shall meet in an attempt to resolve the difference. Failure to meet to resolve the difference or if the parties are unable to resolve the Policy Grievance within fourteen (14) days of filing, shall entitle the aggrieved party to advance the Policy Grievance to Step Three within an additional fourteen (14) days. (a) Where a grievance is heard by a three (3) member board, the decision of the majority of the members is the decision of the Board but if there is no majority, the decision of the Chair governs and his decision is the decision of the Arbitration Board. (b) When disciplinary action against an Employee is involved, the Arbitration Board, or single Arbitrator may vary the penalty, as it considers just and reasonable under the circumstances. (c) An award of the Arbitration Board is final and binding on the parties and upon any Employee affected by it.

Appears in 1 contract

Samples: Collective Agreement

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Arbitration Board Decision. (a) An Arbitration Board shall be he comprised of one (1) member 1)member appointed by the Employer, one (1) member appointed by the AUPE and a neutralneutral Chairman, Chair appointed by the other two (2) members; (b) ; As an alternate procedure to a three (3) member Arbitration Board, as set out in Sub-clause 24.04(a) above, the Employer and the AUPE may agree to submit the Grievance to a single Arbitrator; (c) ; Within ten (10) days of the receipt of the notice referred to in Step Three, the party receiving the Grievance shall notify the other party in m writing of the name of its nominee to the Arbitration Board, or its choice of its single Arbitrator; (d) ; Each party shall bear its own fees and expenses; the fees and expenses of the Chair, or single Arbitrator, shall be shared equally by the parties; (e) ; If either party fails to appoint a member, or if they are unable to agree on a single Arbitrator, or if the appointed members cannot agree on a neutral ChairChairman, such appointment shall be he made in accordance with the Labour Relations Code. (i) . The Arbitration Board or single Arbitrator shall not have any power to alter, amend or change the provisions of this Agreement or to substitute any new provisions from the existing provisions. (ii) . The Arbitration Board or single Arbitrator shall confine their decisions solely to the precise issues submitted to them and shall have no authority to make a decision on any other issue not so submitted. (g) . A Policy Grievance shall be submitted to the other party within ten (10) days of the date upon which the alleged violation of the Collective Agreement has occurred occurred, or within ten (10) days from the date upon which the aggrieved party first became aware of the subject of the Grievance. Within fourteen (14) days of filing a Policy Grievance, the parties shall meet in an attempt to resolve the difference. Failure to meet to resolve the difference or differenceor if the parties are unable to resolve the Policy Grievance within fourteen (14) days of filing, shall entitle the aggrieved party to advance the Policy Grievance to Step Three within an additional fourteen (14) days. (a) . SPECIAL AREAS BOARD Where a grievance is heard by a three (3) member board, the decision of the majority of the members is IS the decision of the Board but if there is no majority, the decision of the Chair Chairman governs and his decision is the decision of the Arbitration Board. (b) . When disciplinary action disciplinaryaction against an Employee is involved, the Arbitration Board, or single Arbitrator may vary the penalty, penalty as it considers just considersjust and reasonable under the circumstances. (c) . An award of the Arbitration Board is final and binding on the parties and upon any Employee affected by it. Time and Procedures limits and procedurescontained in this Grievance Procedure are mandatory. Failure to a Grievance within the prescribed time and in accordance the prescribed procedures shall result in the abandonment of the Grievance. Failure to reply to a Grievance in a timely Fashion pass Grievance to the next Step. Grievances so advanced be the of time limits as if a reply had been made on the last allowable day of the preceding Step in the procedure. Time limits in this Article may he extended written agreement between designated of the Employer and the Union. Procedures as stipulated in this Article may be varied by written agreement between the Employer and the Union.

Appears in 1 contract

Samples: Collective Agreement

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