Arbitration of Grievances. If a grievance brought under Article 18 (Grievances) is not resolved at Step Three of that procedure, the Associated Academic Professionals may submit the matter to arbitration. Notice of intent to arbitrate (Appendix C) must be filed according to Article 20 - Notices and Communications within twenty (20) days of the date of the decision at Step Three. If no notice of intent to arbitrate is filed within the time limit, the right to arbitrate is thereby waived.
Arbitration of Grievances. If a grievance brought under Division B (GRIEVANCES) of this Article is not resolved at Step Three of that procedure, the Association may submit the matter to arbitration. Notice of intent to arbitrate (Appendix D) must be filed with the President of the University within twenty (20) working days of the date of the decision at Step Three. If no notice of intent to arbitrate is filed within the time limit, the right to arbitrate is thereby waived.
Arbitration of Grievances. 17.01 By mutual consent of both Parties a request for the services of a Mediator shall be made within seven (7) working days. If Arbitration is to be invoked, the request for Arbitration must be made in writing within ten (10) calendar days after the grievance has been dealt with in mediation.
17.02 When either Party requests that a grievance be submitted to Arbitration they shall make such request in writing to the other Party in this Agreement and at the same time recommend a number of Arbitrators. Within ten (10) days, thereafter, the other party shall select one of the recommended Arbitrators or suggest a new list from which the other Party may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, they shall then request the Ministry of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day period.
17.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.
17.04 The Parties shall jointly bear the cost of the single Arbitrator, if any.
17.05 The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of the Agreement, not to alter, modify or amend any part of this Agreement.
17.06 No matter may be submitted to Arbitration, which has not been properly carried through all of the previous steps of the grievance procedure.
17.07 The proceedings of the Arbitrator will be expedited by the Parties hereto and the decision of the Arbitrator will be final and binding on the Parties hereto.
17.08 At any stage of the grievance procedure including mediation and Arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any witnesses and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all circumstances.
17.09 The Parties may extend any time limits by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably denied.
Arbitration of Grievances. If a grievance brought under Division B (GRIEVANCES) of this 7 Article is not resolved at Step Three of that procedure, the Association may submit the matter to 8 arbitration. Notice of intent to arbitrate (Appendix D) must be filed with the President of the University 9 within twenty (20) working days of the date of the decision at Step Three. If no notice of intent to arbitrate 10 is filed within the time limit, the right to arbitrate is thereby waived. 11 12 Section 2. Matters within the scope of Divisions A and B of this Article may be submitted to arbitration 13 if not resolved in the manner provided in Article 7 (CONSULTATION). Notice of intent to arbitrate 14 must be served on the opposing party within twenty (20) working days of the last consultation meeting at 15 which the issue was discussed. 16
Arbitration of Grievances. 14.01 If the Employer or Union fail to settle any grievance processed under the negotiated grievance procedure, the grievance may be submitted to arbitration by either party within 21 calendar days after receipt of a final grievance decision.
14.02 Within 7 calendar days of the request for arbitration, the grieving party shall request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. This request shall be made through the Labor Relations Officer.
14.03 The parties shall meet within 21 calendar days after receipt of such list. If they cannot mutually agree upon one of the listed arbitrators, the parties shall flip a coin to determine which party shall be the first to strike a name from the list. Alternate striking of names will result in a single name left to serve as arbitrator. The Federal Mediation and Conciliation Service will be requested to select an arbitrator if either party refuses to participate in the process.
14.04 If the parties fail to agree on a joint submission of the issue(s) for arbitration, each shall submit a separate submission in advance of the hearing and the arbitrator shall determine the issue(s) to be heard from among those submitted.
14.05 The arbitrator's fees and expenses shall be borne equally by the Employer and the Union.
14.06 The arbitration hearing will be held, if possible, on the Employer's premises, within commuting distance of the grievant's duty station, and during the regular day-shift hours of the basic workweek. The grievant, Union representative, and employees called as witnesses shall be on official time if they would have otherwise been in a duty status. The Employer will not pay travel and per diem expenses for the grievant, Union representative, or witnesses called by the Union.
14.07 The parties agree to exchange lists of witnesses not later than 14 calendar days prior to the scheduled date of the hearing. The Employer agrees to notify the Union in writing of any issue of grievability or arbitrability at the same time. Witnesses called must have relevant testimony to the issues being heard. Either party may challenge the appropriateness of a witness. Disagreements will be provided to the arbitrator for resolution. When multiple employees have identical testimony, the parties will make every effort to seek stipulations to cover such testimony, or have depositions taken should travel be involved.
14.08 Any party desiring a verbatim trans...
Arbitration of Grievances. Wherever a provision for binding arbitration of grievances is included in the Grievance Procedure of a separate Memorandum of Understanding, it shall be applicable to the provisions of this Memorandum except any subject matter relating to County-sponsored employee group insurance plans that could impose on the carrier, the provider, or the County an obligation which would be in conflict with the applicable law and/or the contracts or service agreements between the County and the carrier or provider. A written decision of an arbitrator resulting from the arbitration of a grievance under the following Articles of this agreement shall be entirely advisory in nature and shall not be binding upon any of the parties: Non-Discrimination Implementation Term Renegotiation Authorized Agents Provisions of Law
Arbitration of Grievances. In the event that the grievance is not resolved at Step 3 of Paragraph C herein, the grievant or his/her representative may, within thirty (30) days after receipt of the decision of the appointing authority made pursuant to said Paragraph C, request that the grievance be heard by an arbitrator.
Arbitration of Grievances. If the grievance brought under Article 13 (Grievances) is not resolved at Step 3 of that procedure or as a result of consultation under Section 6, Article 13, the complaining party (the Union or University) may submit the matter to arbitration. Notice of intent to arbitrate must be filed with the President of the University or designee or the Union within twenty (20) working days of receipt of the Step 3 decision or the last consultation as appropriate (Article 13, Section 6).
Arbitration of Grievances. The party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five days, inform the other party of the name of it's nominee. The two nominees so selected shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Ontario, who shall make such appointments. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have any authority to alter or change in any manner the provisions of this agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the terms and conditions of this agreement or in any way modify, add to or detract from any provision of this agreement. Each of the parties hereto shall bear the expense of its own nominee to the Arbitration Board and the parties shall jointly and equally share the expense of the Chairman of the Arbitration Board. If the parties agree on a person to act as sole Arbitrator in a particular case, he shall have all the powers of an Arbitration Board under this agreement and the parties shall jointly and equally share the expense of the Arbitrator. If the Arbitration Board decides that a discharge was without just and sufficient cause, the Board may re-instate the employee and may him for all time lost from the date of the discharge up to the date of re-instatement, less any amounts earned by the employee in the interval or by any other arrangement which is just and equitable. The time limits mentioned inthe grievance and arbitration procedures may be extended by mutual agreement between the parties; provided that the time within which a grievance is required to be referred to arbitration under Stage Three of the grievance procedure shall, in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in wri...
Arbitration of Grievances. If the grievance is not resolved at the President’s level, only the Association may, within twenty (20) university days of the date of the written response from the President’s office, file a Notice of Intent to Arbitrate (Appendix C) with the President and General Counsel of the University. Failure to file the Notice of Intent to Arbitrate within the time limit shall be deemed a waiver of the right to arbitrate.
