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.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration of Grievance. (fa) Where When either party requests that a grievance relates be submitted 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 arbitration it shall make such request 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 addressed to the other party in writing who shallparty, if they do not wish a single arbitratorand, so advise the originating party within 10 days and shall at the same time either propose a sole arbitrator or name its appointee a nominee to a Board of Arbitration. Within five (5) days thereafter the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a Chairperson for the Board of arbitrationArbitration. The originating If they are unable to agree upon such Chairperson within ten (10) days, either party shall then appoint its nominee within five school days may request the Minister of being advised of the appointee of the other party.
(h) The two appointees, or Labour to assist them in selecting a Chairperson. In the case of a single sole 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 parties are unable to agree on a chairpersonwithin twenty (20) days of the referral, or if the representatives cannot agree on a single arbitrator, the appointment shall be made by either party may request 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 governto assist them in selecting an arbitrator.
(i) The single arbitrator or arbitration board shall have no jurisdiction to alter, modify or amend any part of this Agreement.
(jb) No person shall may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
(kc) Each of the parties shall hereto will bear the expense of its own appointee and the parties shall jointly share the expenses of the chairperson arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairperson of the Arbitration Board, if any.
(d) The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter modify or amend any part of this Agreement.
(e) No matter may be submitted to arbitration boardwhich has not been properly carried through all previous steps of the grievance procedure.
(f) The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such board will be final and binding upon the parties hereto. If a majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall be final and binding upon the parties hereto.
(g) At any stage of this grievance procedure including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to permit the conferring parties to fully investigate all the circumstances.
Appears in 1 contract
Samples: Collective Agreement
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 Either Party hereto may refer the grievance procedure established by this Agreement has been complied with, notify to arbitration and 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 referral shall be delivered in writing, addressed to the other party in writing who shallParty hereto. If the recipient of the notice and the Party desiring the arbitration do not, if they do not wish within days, agree upon a single arbitrator, so advise then a Chairman of the originating party within 10 days and shall at the same time name its appointee to the said Board of arbitration. The originating party Arbitration shall then appoint its nominee within five school days of being advised be appointed by the Solicitor-General of the appointee Province of Ontario upon application to him by either of the other party.
(h) The two appointees, or in the case of a single arbitrator, representatives Parties hereto. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Board and Union shall as soon as possible appoint an arbitrator or Grievance Procedure within the chairperson of the arbitration boardtime limits, herein specified. 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 may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the this grievance.
(k) . Each of the parties Parties to an Arbitration with a single arbitrator shall bear share equally the expense of its own appointee and the parties shall jointly share the expenses of the chairperson costs of the arbitration boardproceedings and the cost of the arbitrator; in respect of a Board of Arbitration established pursuant to The Fire Departments Act consisting of a Chairman and two members, each Party shall assume its own costs of the arbitration proceedings and shall share the cost of the Chairman (third arbitrator) equally. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provisions, nor to deal with any matter not covered by this Agreement, provided, however, that where the grievance, the subject matter of the arbitration, pertains to disciplinary action respecting an employee {including suspension or discharge) it is agreed that the Board may substitute in lieu of any such disciplinary action imposed or set to be imposed on an employee, such lesser disciplinary action as the said arbitrator may consider reasonable and just. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitration Board shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. All agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Association, will be final and binding upon the Employer, the Association and the Employees. Any time limits referred to in the Grievance Procedure or arbitration, or any sub-section thereof, within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday and Statutory Holidays, (as in this Agreement allowed), and may also be extended by mutual agreement of the Parties concerned.
Appears in 1 contract
Samples: Collective Agreement
Arbitration of Grievance. (fa) Where When either party requests that a grievance relates be submitted 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 arbitration it shall make such request 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 addressed to the other party in writing who shallparty, if they do not wish a single arbitratorand, so advise the originating party within 10 days and shall at the same time either propose a sole arbitrator or name its appointee a nominee to a Board of Arbitration. Within five (5) days thereafter the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a Chairperson for the Board of arbitrationArbitration. The originating If they are unable to agree upon such Chairperson within ten (10) days, either party shall then appoint its nominee within five school days may request the Minister of being advised of the appointee of the other party.
(h) The two appointees, or Labour to assist them in selecting a Chairperson. In the case of a single sole 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 pa11ies are unable to agree on a chairpersonwithin twenty (20) days of the referral, or if the representatives cannot agree on a single arbitrator, the appointment shall be made by either party may request 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 governto assist them in selecting an arbitrator.
(i) The single arbitrator or arbitration board shall have no jurisdiction to alter, modify or amend any part of this Agreement.
(jb) No person shall may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
(kc) Each of the parties shall hereto will bear the expense of its own appointee and the parties shall jointly share the expenses of the chairperson arbitrator appointed by it, and the parties will jointly bear the expenses of the Chairperson of the Arbitration Board, if any.
(d) The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions ofthis Agreement, nor to alter modify or amend any part of this Agreement.
(e) No matter may be submitted to arbitration boardwhich has not been properly carried through all previous steps of the grievance procedure.
(f) The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such board will be final and binding upon the parties hereto. If a majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall be final and binding upon the parties hereto.
(g) At any stage of this grievance procedure including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses and all reasonable arrangements will be made to pennit the conferring parties to fully investigate all the circumstances.
Appears in 1 contract
Samples: Collective Agreement
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 Bargaining Unit may, after within school days following the day the cause for the grievance procedure established became known or reasonably ought to have been known by this Agreement has been complied withthe grieving party, 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 school 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 Bargaining Unit 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) . If a grievance concerns the discipline or dismissal of an Occasional Teacher for just cause, the arbitration board or single arbitrator may confirm the decision of the Board or reinstate the Occasional Teacher to the Occasional Teacher List or otherwise modify the penalty. If there are several grievances concerning similar matters they shall be heard or considered together as one grievance. 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.
Appears in 1 contract
Samples: Collective Agreement
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 Either Party hereto may refer the grievance procedure established by this Agreement has been complied with, notify to arbitration and 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 referral shall be delivered in writing, addressed to the other party in writing who shallParty hereto. If the recipient of the notice and the Party desiring the arbitration do not, if they do not wish within days, agree upon a single arbitrator, so advise then a Chairman of the originating party within 10 days and shall at the same time name its appointee to the said Board of arbitration. The originating party Arbitration shall then appoint its nominee within five school days of being advised be appointed by the Solicitor-General of the appointee Province of Ontario upon application to that office by either of the other party.
(h) The two appointees, or in the case of a single arbitrator, representatives Parties hereto. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Board and Union shall as soon as possible appoint an arbitrator or Grievance Procedure within the chairperson of the arbitration boardtime limits, herein specified. 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 may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the this grievance.
(k) . Each of the parties Parties to an Arbitration with a single arbitrator shall bear share equally the expense of its own appointee and the parties shall jointly share the expenses of the chairperson costs of the arbitration boardproceedings and the cost of the arbitrator; in respect of a Board of Arbitration established pursuant to The Fire Departments Act consisting of a Chairman and two members, each Party shall assume its own costs of the arbitration proceedings and shall share the cost of the Chairman (third arbitrator) equally. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provisions, nor to deal with any matter not covered by this Agreement, provided, however, that where the grievance, the subject matter of the arbitration, pertains to disciplinary action respecting an employee (including suspension or discharge) it is agreed that the Board may substitute in lieu of any such disciplinary action imposed or set to be imposed on an employee, such lesser disciplinary action as the said arbitrator may consider reasonable and just. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitration Board shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Association, will be final and binding upon the Employer, the Association and the employees. Any time limits referred to in the Grievance Procedure or arbitration, or any sub-section thereof, within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday and Statutory Holidays, (as in this Agreement allowed), and may also be extended by mutual agreement of the Parties concerned.
Appears in 1 contract
Samples: Collective Agreement
