Arbitration/Mediation. 11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party to this Agreement. 11:02 Prior to submitting a grievance to arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage. 11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously. 11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure. 11:05 The Arbitrator shall hear and determine the grievance as filed and their decision shall be final and binding on the parties hereto and the employees. 11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement. 11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings. 11:08 The parties by mutual agreement may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them. 11:09 An arbitrator shall have the right to extend the time limits under Section 48(16) of the Ontario Labour Relations Act.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration/Mediation. 11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party Party to this Agreement.
11:02 Prior to submitting a grievance to for arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below below, or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 The parties parties, by mutual agreement agreement, may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two (2) nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(1648 (16) of the Ontario Labour Relations Act.
11:10 The Employer agrees that the Xxxxxxx and the grievor involved in the processing of the grievance shall not suffer any loss of regular wages during their attendance at arbitration or mediation hearings. It is understood no payment for time lost shall be made for attendance at such hearings to Union witnesses.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration/Mediation. 11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party Party to this Agreement.
11:02 . Prior to submitting a grievance to for arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 . The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below below, or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In Xxxxxx Beginning July in the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the Notwithstandingthe above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.
11:04 . No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 . The Arbitrator shall hear and determine the grievance as filed and their his or her decision shall be final and binding on the parties hereto and the employees.
11:06 . The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 . The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 . The parties parties, by mutual agreement agreement, may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two (2) nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 . An arbitrator shall have the right to extend the time limits under Section 48(16(16) of the Ontario Labour Relations Act.
Appears in 1 contract
Samples: Collective Agreement
Arbitration/Mediation. β
11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party Party to this Agreement.
11:02 Prior to submitting a grievance to for arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below below, or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 The parties parties, by mutual agreement agreement, may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two (2) nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(1648 (16) of the Ontario Labour Relations Act.
11:10 The Employer agrees that the Xxxxxxx and the grievor involved in the processing of the grievance shall not suffer any loss of regular wages during their attendance at arbitration or mediation hearings. It is understood no payment for time lost shall be made for attendance at such hearings to Union witnesses.
Appears in 1 contract
Samples: Collective Agreement
Arbitration/Mediation. 11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party to this Agreement.
11:02 Prior to submitting a grievance to arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.Xxxxxx Xxxxxxxxx
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their his or her decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 The parties by mutual agreement may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(16) of the Ontario Labour Relations Act.
Appears in 1 contract
Samples: Collective Agreement
Arbitration/Mediation. 11:01 (1) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, either Party may, after exhausting the grievance procedure provided herein, request that the matter be submitted to arbitration within the twenty (20) working days referred to in Step 4 of Article 6.
(2) When either party to this Agreement Party requests that a grievance matter be submitted for to arbitration, they shall make such request, a request will be made in writing, addressed writing to the other party of this Agreement and the notice shall contain the name of the First Party appointee to this Agreementthe Arbitration Board, and subject to be arbitrated.
11:02 Prior to submitting a grievance to arbitration, (3) The recipient of the parties will discuss the possibility notice shall appoint its appointee within five (5) working days of mediation in the interest receipt of resolving disputes at an early stagesuch notice.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below or If the two appointees fail to agree upon a third appointee as Chairperson within five (5) working days, the Minister of Labour for the Province of Nova Scotia will be asked to name an impartial Chairperson as expeditiously as possible.
(5) The decision of the majority of the members of the Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator will be final and binding, and in the rotation is not available within six absence of a majority decision, the decision of the Chairperson will be final and binding.
(6) months Each Party will be responsible for the expense of their own appointee and responsible also for an equal share of the date of referral to arbitrationfees and expenses, if any, incurred by the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiouslyChairperson.
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator (7) An Arbitration Board shall not make any have the power or authority to add to, delete from, amend, modify or render a decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 (8) The Arbitration Board has the power to reinstate a dismissed employee and, should it deem fit, direct the lost time be paid for.
(9) Where the parties will jointly bear agree, a single arbitrator may be used instead of the arbitration provisions herein. In the event that the Parties agree to use a single arbitrator and cannot agree to the selection of the arbitrator, then he/she shall be appointed by the Minister of Labour for the Province of Nova Scotia. All other provisions of this Article shall apply to a single arbitrator. The decision of the single arbitrator shall be final and binding. Each party shall be responsible for an equal share of the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedingsa single arbitrator.
11:08 The parties by mutual agreement (10) Where the Parties agree, a mediation process may agree be used in order to establish a Board resolve the issue of Arbitration in respect of any grievance submitted for arbitrationprior to using the arbitration process as previously mentioned. In such a case Either party still retains the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect right to the arbitration proceedings, including the fees and expenses of the nominee appointed by themprocess if mediation is considered unsuccessful.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(16) of the Ontario Labour Relations Act.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration/Mediation. 11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party Party to this Agreement.
11:02 Prior to submitting a grievance to for arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below below, or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.Xxxxxx Xxxxxxxxx
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their his or her decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 The parties parties, by mutual agreement agreement, may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two (2) nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(1648 (16) of the Ontario Labour Relations Act.
Appears in 1 contract
Samples: Collective Agreement
Arbitration/Mediation. β
11:01 When either party to this Agreement requests that a grievance be submitted for arbitration, they shall make such request, in writing, addressed to the other party to this Agreement.
11:02 Prior to submitting a grievance to arbitration, the parties will discuss the possibility of mediation in the interest of resolving disputes at an early stage.
11:03 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below or a Board of Arbitration as set out in Article 11:08 below: Xxx Xxxxxx Xxxxxx Xxxxx Xxxxx Xxxxxxx Xxxxx Xxxxxxx In the event that the next arbitrator in the rotation is not available within six (6) months of the date of referral to arbitration, the parties agree that the next arbitrator in the rotation will be contacted. In the event that none of the arbitrators on the panel are available within six (6) months, the parties will endeavour to agree on another arbitrator who is available within six (6) months of the date of referral to arbitration. Notwithstanding the above, the parties may agree to one of the other arbitrators in the rotation or another arbitrator in circumstances where the parties agree that a grievance should be heard more expeditiously.
11:04 No matter may be submitted to arbitration which has not been properly carried through the grievance procedure.
11:05 The Arbitrator shall hear and determine the grievance as filed and their decision shall be final and binding on the parties hereto and the employees.
11:06 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement.
11:07 The parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The parties will otherwise bear their own expense with respect to any arbitration proceedings.
11:08 The parties by mutual agreement may agree to establish a Board of Arbitration in respect of any grievance submitted for arbitration. In such a case the parties shall each appoint a nominee to the Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 11:03 above or such other Chairperson as the two nominees appointed by the parties otherwise agree. The provisions of Articles 11:04, 11:05 and 11:06 apply to a Board of Arbitration. Further, the parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of the nominee appointed by them.
11:09 An arbitrator shall have the right to extend the time limits under Section 48(16) of the Ontario Labour Relations Act.
11:09 The University agrees that the Xxxxxxx and the grievor involved in the processing of the grievance shall not suffer any loss of pay during their attendance at arbitration or mediation hearings. It is understood no payment for time lost shall be made for attendance at such hearings to Union witnesses.
Appears in 1 contract
Samples: Collective Agreement