Arbitration Hearings. Where operational requirements permit, NAV CANADA will grant leave with pay to the grievor to attend grievance arbitration hearings. Where operational requirements permit, NAV CANADA will grant leave with pay to an employee representative to attend grievance arbitrations.
Arbitration Hearings a. Thirty (30) days prior to the start of each calendar quarter the Director of the USW Arbitration Department (or his designee) shall provide the parties with a calendar listing hearing dates for that quarter and be responsible for scheduling the hearings.
b. The hearings shall be scheduled as required at each location.
c. On each hearing date the parties shall, subject to the time available, attempt to present all cases previously appealed to arbitration. The cases shall be heard in the order in which they were appealed, provided that all pending discharge cases shall be heard first.
d. Failure to present a case when it is called shall constitute withdrawal of the grievance and failure to respond to a case when presented shall constitute granting of the grievance and agreement to the remedy sought, provided that a hearing may be postponed once if the arbitrator determines that circumstances clearly require postponement.
Arbitration Hearings. All hearings before the arbitrator under this procedure shall be open except if the parties mutually agree that the proceedings should be closed, or the arbitrator orders the proceedings closed for cause.
Arbitration Hearings. In the case of arbitration hearings between the Union and the Employer up to two (2) representatives of the Union shall be entitled to receive their usual remuneration from the Employer;
Arbitration Hearings. An employee involved in a grievance may attend the arbitration hearing. If the grievance concerns more than one employee, the Union will select one representative employee to attend the hearing. Any employee called as a witness, whether by ACSET or the Union, shall be excused from the hearing after his or her testimony is completed.
Arbitration Hearings. When operational requirements permit, the Employer will grant leave with pay to an employee, including a Shop Xxxxxxx, to attend an arbitration hearing concerning his or her grievance and the Union shall reimburse the Employer for such pay.
Arbitration Hearings. The matter shall be presented to the arbitrator at a hearing by means of written submissions of memoranda and verified witness statements, filed simultaneously, and responses, if necessary in the judgment of the arbitrator or both the parties. If the Arbitration Panel deems it to be appropriate for a fair resolution of the dispute, live cross-examination or direct examination may be permitted. The Arbitration Panel shall actively manage the arbitration with a view to achieving a just, speedy and cost-effective resolution of the dispute, claim or controversy. The arbitration hearing will be no longer than 30 full hearing days, unless in the judgment of the Arbitration Panel the matter is complex and sophisticated and thereby requires a longer time. The Arbitration Panel may set time and other limits on the presentation of each party’s case, its memoranda or other submissions, and may refuse to receive any proffered evidence, which the Arbitration Panel find to be cumulative, unnecessary, irrelevant or of low probative nature. Except as otherwise set forth herein, any arbitration hereunder will be conducted in accordance with the CPR Rules for Non-Administered Arbitration of Business Disputes then prevailing (except that the arbitration will not be conducted under the auspices of the CPR and the fee schedule of the CPR will not apply). To the extent that the provisions of this Agreement and the prevailing rules of the CPR conflict, the provisions of this Agreement shall govern.
Arbitration Hearings. Thirty (30) days prior to the start of each calendar quarter the Director of the USW Arbitration Department (or his designee) shall provide the parties with a calendar listing hearing dates for that quarter and be responsible for scheduling the hearings.
Arbitration Hearings. Where operational requirements permit, the Employer shall grant leave without loss of pay to a reasonable number of employees representing the Union before an Arbitrator, provided the dispute involves the Employer.
Arbitration Hearings. F.1 Arbitrations shall be heard at Fort Xxxxxxx, Ontario, or at such other places as may be agreed upon by the parties.
