Arbitration Board Powers Sample Clauses

Arbitration Board Powers. The arbitrator shall have the power to settle the grievance involving dismissal or disciplinary action by arrangement that the arbitrator deems just and equitable. The arbitrator shall not have the power to alter the terms of this Agreement, nor to substitute provisions for existing provisions, nor to give any decision inconsistent with the terms of this Agreement.

Arbitration Board Powers a) Within ten (10) days after written notice is given by either party requesting arbitration as provided in Paragraph 27, the matter shall be referred to a temporary Board of Arbitration consisting of one (1) member designated by the Company, one (1) member designated by the Union, and a third member to be selected by these two (2) members. In the event one of the parties refuses or fails to so designate its representatives, then the party in default shall forfeit its case. In the event the members of the Board of Arbitration fail to select a third member within three (3) days, the parties shall jointly request the American Arbitration Association or the Federal Mediation and Conciliation Service to appoint the third member, both parties to be bound by such appointment. In the event one of the parties refuses or fails to join in such request, then the party in default shall forfeit its case. The majority decision of the Board of Arbitration shall be final and binding on both parties hereto. b) The Board of Arbitration shall be governed wholly by the terms of this Agreement and shall have no power to add to or change its terms, nor shall the Board of Arbitration be authorized to pass on matters which are not properly grievances as defined herein. c) A rotating panel of seven (7) arbitrators, jointly selected by the Company and the Union, will be established to hear discharge grievances. The panel of arbitrators will be confirmed, or changed, yearly. The selection from the panel will be sequential and only one discharge case may be put before the same arbitrator at a time unless mutually agreed to by both parties. A discharge case may include multiple employees.

Arbitration Board Powers. ‌ The Arbitration Board has the powers contained in Sections 76 and 77 of the Labour Relations Code. ARTICLE 25 - PROMOTIONS AND STAFF CHANGES, AND PERFORMANCE APPRAISALS‌ 25.1 Job Postings‌ (a) When a vacancy occurs or a new position is created within the bargaining unit the Employer shall notify the Union in writing and post notice of the position on the Employer’s website for a minimum of 10 calendar days so that all members will know about the vacancy or new position. A link to all open postings will also be circulated in BCIT’s weekly internal newsletter. (b) When a temporary position or vacancy is identified to be four months or more duration (except for short-term sick leave relief assignment pursuant to Definition (#6), qualified regular Employees will have the opportunity to substitute in higher paying positions pursuant to Clause 36.1 (Substitution), Clause 35.2 (Substitution Pay) and Clause 31.15(b) (Positions Temporarily Vacant). Where substitution by an existing regular Employee within the department is not feasible, the temporary position or vacancy shall be posted internally and filled as temporary. Such temporary vacancies will only be advertised externally in unusual circumstances. It is understood by the Parties that only the original vacancy is subject to the provisions of Clause 25.1(b). Only a regular Employee who is successful in applying to a full-time temporary position and who obtains a general leave of absence from their regular position will have the right of return to their regular position. Such leave shall not be unreasonably withheld.