Arbitration of Grievance. Any grievance may be referred to arbitration according to Article 7.7 (Step Four: Referral to Arbitration) or to Section 87 of the Labour Relations Code, after the grievance procedure has been exhausted as provided in ARTICLE 7: (GRIEVANCE PROCEDURE).
Arbitration of Grievance. Where a difference has arisen between the parties, either of the parties may, after exhausting the grievance procedure established above, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee as a single arbitrator or appointee to an arbitration board. The recipient of the notice shall, within ten (10) school days, inform the other party of acceptance of the single arbitrator or provide the name of its appointee to the arbitration board. Where two appointees are so selected they shall, within ten (10) school days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint an arbitrator or if the two appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of the majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair governs. The arbitrator or arbitration board shall not make any decision which is inconsistent with the provisions of this Collective Agreement, nor which serves to add to, delete from, modify or otherwise amend the provisions of this Collective Agreement. All costs of the chairperson of the arbitration board shall be shared equally by the parties. Each party shall bear the costs of its own appointee to an arbitration board and of its own witnesses.
Arbitration of Grievance. (f) Where a grievance relates to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, the Board or Union may, after the grievance procedure established by this Agreement has been complied with, notify the other party in writing of its desire to submit this grievance to arbitration.
(g) The notice shall specify whether the party giving the notice desires a single arbitrator or a board of arbitration, and if the latter, shall specify the party's appointee to the board of arbitration. Such notice shall be delivered to the other party in writing who shall, if they do not wish a single arbitrator, so advise the originating party within 10 days and shall at the same time name its appointee to the Board of arbitration. The originating party shall then appoint its nominee within five school days of being advised of the appointee of the other party.
(h) The two appointees, or in the case of a single arbitrator, representatives of the Board and Union shall as soon as possible appoint an arbitrator or the chairperson of the arbitration board. If either party fails to appoint an arbitrator or, if the appointees fail to agree on a chairperson, or if the representatives cannot agree on a single arbitrator, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator or arbitration board shall hear and determine the grievance, shall issue a decision and the decision shall be final and binding on the parties. The decision of a majority shall be the decision of the arbitration board, but if there is no majority the decision of the chairperson shall govern.
(i) The single arbitrator or arbitration board shall have no jurisdiction to alter, modify or amend any part of this Agreement.
(j) No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
(k) Each of the parties shall bear the expense of its own appointee and the parties shall jointly share the expenses of the chairperson of the arbitration board.
Arbitration of Grievance. Where a grievance relates to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, the Board or Bargaining Unit may, within 50 school days following the day the cause for the grievance became known or reasonably ought to have been known by the grieving party, notify the other party in writing of its desire to submit this grievance to arbitration.
Arbitration of Grievance. Where a difference has arisen between the parties, either of the parties may, after exhausting the grievance procedure established above, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the arbitration board. Where two appointees are so selected they shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint an arbitrator or if the two appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Notwithstanding the above, the parties may agree in writing to submit the grievance to a mutually agreed upon single arbitrator rather than to an arbitration board. A grievance may be submitted to expedited arbitration under Section 49 of the Labour Relations Act The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of the majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair governs. The arbitrator or arbitration board shall not make any decision which is inconsistent with the provisions of the Collective Agreement, nor which serves to add to, delete from, modify or otherwise amend the provisions of this Collective Agreement. All costs of a single arbitrator or the chairperson of the arbitration board shall be shared equally by the parties. Each party shall bear the costs of its own appointee to an arbitration board and of its own witnesses. Time restrictions may be extended if mutually agreed to in writing.
Arbitration of Grievance. In the event that the grievance is not resolved by the Fire Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire Chief’s decision, request that the grievance be heard by an arbitrator.
Arbitration of Grievance. Where a difference has arisen between the parties, either of the parties may, after exhausting the grievance procedure established in Article notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the arbitration board. Where two appointees are so selected they shall,
Arbitration of Grievance. Any grievance may be referred to arbitration according to Article (Step Four) or to Section of the Labour Relations Code, after the grievance procedure has been exhausted as provided in ARTICLE 7: (GRIEVANCE PROCEDURE). The party wishing to initiate arbitration shall notify the other in writing of the to be arbitrated and the name and address of its chosen representative on the arbitration board. After receiving such notice and statement, the other party shall, within eight (8) work days, appoint its representative on the arbitration board and give notice in writing of such appointment to the other party. Such representatives shall endeavour to select a third member who shall be Chair. Should the representatives fail to select such a third member within eight (8) work days from the appointment of the last representative, either party may request the Director of the Collective Agreement Arbitration Bureau to appoint a Chair. Expenses and compensation of the representatives selected by the parties shall be borne by the respective parties. The expenses and compensation of the Chair shall be shared equally between the parties.
Arbitration of Grievance. In the event either party elects to submit a grievance to arbitration, the parties shall select an impartial arbitrator through the American Arbitration Association and the arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
Arbitration of Grievance. In the event that the grievance is not resolved by the meetings specified above, the grievant has the right to request arbitration within 30 days of receipt of the City Manager’s response in section 12.6 above. The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or the grievant’s representative. If the City Manager or designee and the grievant or the grievant’s representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 arbitrators who have demonstrated experience in public sector arbitration. The parties shall then alternatively strike names from the list until only one name remains, and the person shall serve as arbitrator. Lot shall determine the first strike from the list.
