Arbitration Board. Section 1. The Four Man Arbitration Board shall consist of two (2) members appointed by the Union and two (2) members appointed by the Company. They shall meet to hear the facts of the dispute within thirty (30) calendar days of the receipt of notification of intent to invoke their services. Should this board be unable to reach a satisfactory resolution of the grievance within fifteen (15) calendar days of their meeting, the party seeking arbitration shall notify the other party within (15) calendar days of the time limits stated above of their intent to seek the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1, the matter may be submitted to arbitration. Upon request of the Company for arbitration, the parties will alternately strike from the list of arbitrators named in and agreed to permanent panel of arbitrators until one name remains, and he shall be the arbitrator. The decision rendered by the arbitrator shall be binding on the parties hereto. The expense of the arbitrator shall be born equally by the Company and the Local Union. Section 2. The arbitrator shall be advised prior to hearing that a decision must be rendered within thirty (30) calendar days of receipt of briefs unless both parties agree to an extension. The arbitrator’s decision shall be final and binding on all parties. In considering any dispute under this provision, the arbitrator shall have no authority to amend, delete from or add to this agreement. Section 3. The Company and the Union shall bear the expenses of its own Board members, and the expenses and fees of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid by the party ordering same. Court reporters shall be requested to supply transcripts within ten (10) calendar days of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt of the transcript unless they shall mutually agree otherwise. Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, shall be deemed to have been waived. The parties will expedite discharge cases through the grievance procedure, where mutually agreeable. Unless mutually agreed otherwise, grievances with no significant activity by
Appears in 4 contracts
Samples: Operating Labor Agreement, Labor Agreement, Operating Labor Agreement
Arbitration Board. Section 1a) The party desiring to submit to arbitration shall deliver to the other party a notice in writing of its intention to arbitrate. This notice shall state the matter at issue in concise terms and shall state precisely in what respect the Agreement has been violated or misinterpreted, by reference to the specific clause or clauses relied upon. The Four Man Arbitration Board notice shall consist of two (2) members appointed by also stipulate the Union and two (2) members appointed by the Company. They shall meet to hear the facts nature of the dispute within thirty relief or remedy sought.
b) Within seven (307) calendar days after the date of delivery of the receipt said notice of notification of intent to invoke their services. Should this board be unable to reach a satisfactory resolution of the grievance within fifteen (15) calendar days of their meetingintention, the party seeking initiating arbitration shall notify the other party within (15) calendar days of the time limits stated above name of their intent to seek the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1, the matter may be submitted to arbitration. Upon request of the Company for arbitration, the parties will alternately strike from the list of arbitrators named in and agreed to permanent panel of arbitrators until one name remains, and he shall be the arbitrator. The decision rendered by the arbitrator shall be binding its representative on the parties hereto. The expense of the arbitrator shall be born equally by the Company Arbitration Board and the Local Union.
Section 2. The arbitrator other party shall be advised prior to hearing that a decision must be rendered appoint its representative within thirty seven (307) calendar days of receipt of briefs unless this notification.
c) In the event that either party should fail to appoint a representative to the Arbitration Board within the delay provided, the other party may request the Federal Minister of Labour to appoint a representative on behalf of the defaulting party.
d) Should the representatives fail within five (5) days to agree on a Chairman, the representative of either one or both parties agree may request the Federal Minister of Labour to an extension. appoint a person who shall be Chairman of the Arbitration Board.
e) After the Arbitration Board has been formed by the foregoing procedure, it shall meet and hear the evidence and representations of both parties and shall render a decision within fifteen (15) days after the completion thereof.
f) The arbitrator’s decision of the majority of the Arbitration Board, or if there is no majority, the decision of the Chairman on the matters at issue shall be final and binding on all both parties. In considering , but the jurisdiction of the Arbitration Board shall be limited to deciding the matters at issue within the meaning of the existing provisions of the Agreement, and in no event shall the Arbitration Board have the power to add to, subtract from, alter or amend this Agreement in any dispute under this provision, the arbitrator shall have no authority to amend, delete from or add respect.
g) Each party to this agreement.
Section 3. The Company and the Union Agreement shall bear the pay all expenses of its own Board members, and the expenses and fees member of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid Arbitration Board selected by it or by the party ordering same. Court reporters Minister of Labour and shall be requested to supply transcripts within ten (10) calendar days share equally in the fees and expenses of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt third member of the transcript unless they shall mutually agree otherwiseBoard.
Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, shall be deemed to have been waived. The parties will expedite discharge cases through the grievance procedure, where mutually agreeable. Unless mutually agreed otherwise, grievances with no significant activity by
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Board. Section 1. The Four Man Arbitration Board shall consist of two (2) members appointed by the Union and two (2) members appointed by the Company. They shall meet to hear the facts of the dispute within thirty (30) calendar days of the receipt of notification of intent to invoke their services. Should this board be unable to reach a satisfactory resolution of the grievance within fifteen (15) calendar days of their meeting, the party seeking arbitration shall notify the other party within (15) calendar days of the time limits stated above of their intent to seek the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1, the matter may be submitted to arbitration. Upon The party requesting arbitration shall request a Sub- Regional panel of seven (7) arbitrators, who are members of the National Academy of Arbitrators ("NAA"), from the Federal Mediation and Conciliation Services ("FMCS"). Each party retains the right to reject one panel in its entirety before the panel is struck, in which case a new panel shall be requested consistent with the above. The Company for arbitration, and the parties will alternately strike from Union shall then within twenty-one (21) calendar days after receipt of the list of arbitrators named in and agreed to permanent panel of arbitrators until from FMCS alternately strike one name remains, and he from such list so that the remaining arbitrator shall be designated as the arbitrator. The decision rendered by the arbitrator shall be binding on the parties hereto. The expense of the arbitrator shall be born equally by the Company and the Local Union.shall
Section 2. The arbitrator shall be advised prior to hearing that a decision must be rendered within thirty (30) calendar days of receipt of briefs unless both parties agree to an extension. The arbitrator’s decision shall be final and binding on all parties. In considering any dispute under this provision, the arbitrator shall have no authority to amend, delete from or add to this agreement.
Section 3. The Company and the Union shall bear the expenses of its own Board members, and the expenses and fees of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid by the party ordering same. Court reporters shall be requested to supply transcripts within ten (10) calendar days of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt of the transcript unless they shall mutually agree otherwise.
Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, shall be deemed to have been waived. The parties will expedite discharge cases through the grievance procedure, where mutually agreeable. Unless mutually agreed otherwise, grievances with no significant activity bywith
Appears in 1 contract
Samples: Operating Labor Agreement
Arbitration Board. Section 1If a Chairperson is appointed in accordance with the foregoing, the Chairperson’s name will be moved to the bottom of the list. The Four Man Arbitration Board shall consist If none of two (2) members appointed by the Union and two (2) members appointed by ten proposed Chairpersons from the Company. They shall meet above list are available to hear the facts case within the ninety day period, either party may request the federal Minister of Labour to appoint an impartial Chairperson within ninety days and the Minister shall be deemed to be authorized hereby to make the appointment. These time limits may be extended by mutual written agreement of the dispute employer and the trade union. If all three members of the Arbitration Board have not been appointed or if application to the federal minister of Labour has not been made within thirty forty-five (3045) calendar days of the receipt date of notification of intent to invoke their services. Should this board be unable to reach request that a satisfactory resolution of the grievance within fifteen (15) calendar days of their meeting, the party seeking arbitration shall notify the other party within (15) calendar days of the time limits stated above of their intent to seek the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1, the matter may be submitted to arbitration. Upon request of the Company for arbitration, the parties will alternately strike from the list of arbitrators named in and agreed to permanent panel of arbitrators until one name remains, and he shall be the arbitrator. The decision rendered by the arbitrator shall be binding on the parties hereto. The expense of the arbitrator shall be born equally by the Company and the Local Union.
Section 2. The arbitrator shall be advised prior to hearing that a decision must be rendered within thirty (30) calendar days of receipt of briefs unless both parties agree to an extension. The arbitrator’s decision shall be final and binding on all parties. In considering any dispute under this provision, the arbitrator shall have no authority to amend, delete from or add to this agreement.
Section 3. The Company and the Union shall bear the expenses of its own Board members, and the expenses and fees of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid by the party ordering same. Court reporters shall be requested to supply transcripts within ten (10) calendar days of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt of the transcript unless they shall mutually agree otherwise.
Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, grievance shall be deemed to have been waivedwithdrawn. By mutual agreement, the parties may agree to proceed to arbitration of a particular grievance by the procedure of exchanging lists of three (3) proposed single arbitrators. In the event that a name is proposed to both lists, such person shall be invited to serve as arbitrator of the grievance. When no name is to both lists, the party requesting that the matter be submitted to arbitration may, within ten (10)working days after the lists have been exchanged, request the federal Minister of Labour to appoint an impartial arbitrator and the requesting party shall provide the other party with a copy of the request. No person may be appointed to the Arbitration Board who has been involved in any attempt to negotiate or settle the grievance. The parties will expedite discharge cases following provisions shall govern Arbitration Boards: in any arbitration, the written record of the grievance shall be presented to the Arbitration Board and the award of the Board shall be confined to determining the issues therein set out; no matter shall be submitted to arbitration which has not been properly carried through all the requisite steps of the grievance procedure; the Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this collective agreement nor to modify, where mutually agreeable. Unless mutually agreed otherwisealter, grievances with add to, subtract from or amend any part of this collective agreement; the written findings of the majority of the Arbitration Board as to the interpretation, application, administration or alleged violation of this collective agreement, will be final and binding upon the parties concerned; in the event that a grievance is referred to an Arbitration Board on which it has no significant activity bypower to rule, the case shall be dismissed without decision or on its merits;
Appears in 1 contract
Samples: Collective Agreement
Arbitration Board. Section 1. The Four Man Arbitration Board shall consist of two (2) members appointed by the Union and two (2) members appointed by the Company. They shall meet to hear the facts of the dispute within thirty (30) calendar days of the receipt of notification of intent to invoke their services. Should this board be unable to reach a satisfactory resolution of the grievance within fifteen (15) calendar days of their meeting, the party seeking arbitration shall notify the other party within (15) calendar days of the time limits stated above of their intent to seek the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1, the matter may be submitted to arbitration. Upon request of the Company for arbitration, the parties will alternately strike from the list of arbitrators named in and agreed to permanent panel of arbitrators until one name remains, and he shall be the arbitrator. The decision rendered by the arbitrator shall be binding on the parties hereto. The expense of the arbitrator shall be born equally by the Company and the Local Union.
Section 2. The arbitrator shall be advised prior to hearing that a decision must be rendered within thirty (30) calendar days of receipt of briefs unless both parties agree to an extension. The arbitrator’s decision shall be final and binding on all parties. In considering any dispute under this provision, the arbitrator shall have no authority to amend, delete from or add to this agreement.
Section 3. The Company and the Union shall bear the expenses of its own Board members, and the expenses and fees of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid by the party ordering same. Court reporters shall be requested to supply transcripts within ten (10) calendar days of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt of the transcript unless they shall mutually agree otherwise.
Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, shall be deemed to have been waived. The parties will expedite discharge cases through the grievance procedure, where mutually agreeable. Unless mutually agreed otherwise, grievances with no significant activity byby the Union for sixty (60) calendar days will be considered withdrawn. The Company and Union agree to meet, as needed, to discuss disputes that arise outside of the grievance process. If the Company fails to meet/respond in accordance with the time limits set forth in the labor agreement, as determined between the Business Manager and Company designee, the Company will pay the arbitrator’s fees and expenses, if applicable.
Appears in 1 contract
Samples: Operating Labor Agreement
Arbitration Board. Section 1. The Four Man Where the decision of Step 2 is unsatisfactory, to the grievor and to the Union, the grievance shall within twenty (20) working days from the date the reply was received from Step 2 be referred to an Arbitration Board and proceeded with in the following manner:
(a) The Union shall consist of two (2) members appointed by in writing to the Union General Manager state that the grievance is to be proceeded with to Step 3 and two (2) members appointed by also in the Company. They shall meet to hear letter state the facts name of the dispute within thirty Union’s appointee to the Arbitration Board;
(30b) calendar Within ten (10) working days of the receipt of notification the letter as provided in Article 17:12(a), the Employer shall in writing notify the Union of intent its appointee to invoke their services. Should this board be unable to reach a satisfactory resolution the Arbitration Board;
(c) Within ten (10) working days of the grievance receipt of the letter as provided in Article 17:12(b), the two (2) appointees shall meet and select a third member who shall be the Chairperson of the Arbitration Board, and without delay notify the Employer and the Union of the name of the Chairperson;
(d) If in the event either the Employer or the Union fails to appoint an appointee, or if the two (2) appointees fail to agree upon a third member within applicable time limits, at the written request of either party the appointment(s) shall be made by the Chairperson of the Manitoba Labour Board;
(e) Within ten (10) working days following the appointment of the Chairperson, or such longer period of time mutually agreed by the parties, the Board shall cause hearing(s) to be held and the Board shall notify the Employer and the Union of the time, date and place of the hearing(s).
(f) Either party is entitled to call witnesses or other persons to give testimony and if employees are called in by the Employer they shall be allowed leave with pay and if the employees are called by the Union they shall be allowed leave on a wage recovery basis;
(g) Within fifteen (15) calendar days of their meeting, the party seeking arbitration shall notify the other party within (15) calendar working days of the conclusion of the hearing(s) or such longer period of time limits stated above of their intent to seek mutually agreed by the services of a neutral arbitrator. In the case of a failure to agree under Article II section 1parties, the matter may be submitted Board shall render its decision in writing to arbitration. Upon request the Employer and to the Union;
(h) The decision of the Company for arbitration, the parties will alternately strike from the list of arbitrators named in and agreed to permanent panel of arbitrators until one name remains, and he majority shall be the arbitrator. The decision rendered by the arbitrator shall be binding on the parties hereto. The expense of the arbitrator shall be born equally by the Company Board and the Local Union.
Section 2. The arbitrator shall be advised prior to hearing that a decision must be rendered within thirty (30) calendar days of receipt of briefs unless both parties agree to an extension. The arbitrator’s such decision shall be final and binding on all upon the parties. In considering any dispute under this provision, ;
(i) The Board shall not have the arbitrator shall have no authority Authority to amend, delete from add to, or add to in any manner change any Article of this agreement.Agreement;
Section 3. The Company and the Union (j) Each party shall bear all expenses of their appointee to the Board and shall bear equally the expenses of its own Board members, and the expenses and fees Chairperson of the neutral arbitrator shall be shared equally. The total cost of any stenographic record and all transcripts thereof shall be paid by the party ordering same. Court reporters shall be requested to supply transcripts within ten (10) calendar days of the hearings and the parties shall request a briefing date no longer than thirty (30) calendar days after receipt of the transcript unless they shall mutually agree otherwiseBoard.
Section 4. In the event any of the foregoing time limits are not observed or extended by mutual agreement in writing, the difference shall be assumed to have been settled and the right to invoke Step 1 or any succeeding step, or arbitration, as the case may be, shall be deemed to have been waived. The parties will expedite discharge cases through the grievance procedure, where mutually agreeable. Unless mutually agreed otherwise, grievances with no significant activity by
Appears in 1 contract
Samples: Collective Agreement
