Common use of Arbitration of Grievances Clause in Contracts

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.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Arbitration of Grievances. 17.01 By mutual consent 16.01 Failing settlement under the foregoing procedure of both Parties a request for any grievance between the services parties arising from the interpretation, application, administration or alleged violation of a Mediator shall this Agreement, including any question as to whether the matter is arbitrable, such grievance may be made within seven (7) working dayssubmitted to arbitration as hereinafter provided. If Arbitration arbitration is to be invoked, the request for Arbitration arbitration must be made in writing within ten fifteen (1015) calendar days after the grievance has been dealt with in mediationdecision at Step #2 is given. 17.02 16.02 When either Party party requests that a grievance be submitted to Arbitration they arbitration, it shall make such request in writing addressed to the other Party in this Agreement and party and, at the same time recommend time, either propose a number sole arbitrator or name a nominee to a board of Arbitratorsarbitration. 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 arbitration. If they are unable to agree upon such chairperson 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 either may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, they shall then request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodchairperson. 17.03 16.03 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The 16.04 Each of the Parties shall hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 16.05 The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 16.06 No matter may be submitted to Arbitration, arbitration which has not been properly carried through all of the previous steps of the grievance procedure. 17.07 16.07 The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto hereto, and the decision of the Arbitrator majority of such board will be final and binding on 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. 17.08 16.08 At any stage of the grievance procedure including mediation and Arbitrationarbitration, the conferring Parties may have the assistance of the employee or employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. 17.09 16.09 The Parties may extend any parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably deniedwritten agreement to extend them.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Arbitration of Grievances. 17.01 By mutual consent 16.01 Failing settlement under the foregoing procedure of both Parties a request for any grievance between the services parties arising from the interpretation, application, administration or alleged violation of a Mediator shall this Agreement, including any question as to whether the matter is arbitrable, such grievance may be made within seven (7) working dayssubmitted to arbitration as hereinafter provided. If Arbitration arbitration is to be invoked, the request for Arbitration arbitration must be made in writing within ten fifteen (1015) calendar days after the grievance has been dealt with in mediationdecision at Step #2 is given. 17.02 16.02 When either Party party requests that a grievance be submitted to Arbitration they arbitration, it shall make such request in writing addressed to the other Party in this Agreement and party and, at the same time recommend time, either propose a number sole arbitrator or name a nominee to a board of Arbitratorsarbitration. 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 arbitration. If they are unable to agree upon such chairperson 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 either may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, they shall then request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodchairperson. 17.03 No person may be 16.03 Each of the Parties hereto will bear the expense of the arbitrator appointed as an Arbitrator who has been involved in an attempt to negotiate or settle by it, and the grievance. 17.04 The Parties shall will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 16.04 The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 16.05 No matter may be submitted to Arbitrationarbitration, which has not been properly carried through all of the previous steps of the grievance procedure. 17.07 16.06 The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto hereto, and the decision of the Arbitrator majority of such board will be final and binding on 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. 17.08 16.07 At any stage of the grievance procedure including mediation and Arbitrationarbitration, the conferring Parties may have the assistance of the employee or employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. 17.09 16.08 The Parties may extend any parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably deniedwritten agreement to extend them.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Arbitration of Grievances. 17.01 By mutual consent Failing settlement under the foregoing procedure of both Parties a request for any grievance between the services parties arising from the interpretation, application, administration or alleged violation of a Mediator shall this Agreement, including any question as to whether the matter is arbitrable, such grievance may be made within seven (7) working dayssubmitted to arbitration as hereinafter provided. If Arbitration arbitration is to be invoked, the request for Arbitration arbitration must be made in writing within ten (10) calendar days after the grievance has been dealt with in mediation.fifteen 17.02 When either Party requests party request that a grievance be submitted to Arbitration they arbitration, it shall make such request in writing addressed to the other Party in this Agreement and party and, at the same time recommend time, either propose a number sole arbitrator or name a nominee to a board of Arbitratorsarbitration. 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 arbitration. If they are unable to agree upon such chairperson 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 either may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, they shall then request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodchairperson. 17.03 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The Each of the Parties shall hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 No matter may be submitted to Arbitrationarbitration, which has not been properly carried through all of the previous steps of the grievance procedure. 17.07 The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto hereto, and the decision of the Arbitrator majority of such board will be final and binding on 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. 17.08 At any stage of the grievance procedure including mediation and Arbitrationarbitration, the conferring Parties may have the assistance of the employee or employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. 17.09 The Parties may extend any parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably deniedwritten agreement to extend them.

Appears in 1 contract

Samples: Collective Agreement

Arbitration of Grievances. 17.01 By mutual consent 16.01 Failing settlement under the foregoing procedure of both Parties a request for any grievance between the services parties arising from the interpretation, application, administration or alleged violation of a Mediator shall this Agreement, including any question as to whether the matter is arbitrable, such grievance may be made within seven (7) working dayssubmitted to arbitration as hereinafter provided. If Arbitration arbitration is to be invoked, the request for Arbitration arbitration must be made in writing within ten fifteen (1015) calendar days after the grievance has been dealt with in mediationdecision at Step #2 is given. 17.02 16.02 When either Party party requests that a grievance be submitted to Arbitration they arbitration, it shall make such request in writing addressed to the other Party in this Agreement and party and, at the same time recommend time, either propose a number sole arbitrator or name a nominee to a board of Arbitratorsarbitration. 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 arbitration. If they are unable to agree upon such chairperson 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 either may select one of the recommended Arbitrators. If the Parties are unable to agree upon a single Arbitrator, they shall then request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodchairperson. 17.03 16.03 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The 16.04 Each of the Parties shall hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 16.05 The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 16.06 No matter may be submitted to Arbitration, arbitration which has not been properly carried through all of the previous steps of the grievance procedure. 17.07 16.07 The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto hereto, and the decision of the Arbitrator majority of such board will be final and binding on 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. 17.08 16.08 At any stage of the grievance procedure including mediation and Arbitrationarbitration, 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 necessary witnesses, and 16.09 The parties acknowledge that the conferring Parties to fully investigate all circumstances. 17.09 The Parties may extend any time limits set out in both the grievance and arbitration procedures must be strictly complied with except by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably deniedwritten agreement to extend them.

Appears in 1 contract

Samples: Collective Agreement

Arbitration of Grievances. 17.01 By mutual consent of both Parties a request for the services of a Mediator shall be made within seven (7a) 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 party requests that a grievance be submitted to Arbitration they arbitration it shall make such request in writing addressed to the other Party in this Agreement and party, 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 either propose a single Arbitrator, they shall then request the Ministry arbitrator or name a nominee to a three (3) person Board of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodArbitration. 17.03 (b) No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The Parties shall (c) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the cost expenses of the single ArbitratorChairperson of the Arbitration Board, if any. 17.05 (d) If a single Arbitrator is requested, that party shall in its notice of intent to proceed to arbitration, nominate an Arbitrator. Within fifteen (15) days thereafter, the other party will respond, either agreeing or suggesting other Arbitrators. If the parties cannot agree on an Arbitrator within fifteen (15) days, they may then request the Minister of Labour for the Province of Ontario to appoint a single Arbitrator. (e) If a Board of Arbitration is requested, the party in its notice shall nominate a Nominee. Within fifteen (15) days thereafter, the other party will nominate a Nominee. The Arbitrator two (2) Nominees shall meet immediately, and, if within five (5) business days they fail to settle the grievance, they shall attempt to select a Chairperson of an Arbitration Board. If they are unable to agree upon such Chairperson within a further period of ten (10) days, either Party may then request the Minister of Labour for the Province of Ontario to assist them in selecting an impartial Chairperson, within a thirty (30) day period. (f) Arbitrators shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, alter modify or amend any part of this Agreement. 17.06 (g) No matter may be submitted to Arbitration, Arbitration which has not been properly carried through all of the previous steps of the grievance procedureprocedure unless the parties agree otherwise. 17.07 (h) The proceedings proceeding of the Board or Single Arbitrator will be expedited by the Parties hereto parties hereto, and the decision of the majority of such Board or Single Arbitrator will be final and binding on upon the Parties parties hereto. If a majority decision is not possible, then within a ten (10) day period, the decision in writing of the Chairperson shall be final and binding upon the parties hereto. 17.08 (i) At any stage of the grievance procedure including mediation and Arbitration, the conferring Parties parties may have the assistance of the employee or employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties parties to fully investigate all the 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.

Appears in 1 contract

Samples: Collective Agreement

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Arbitration of Grievances. 17.01 By mutual consent Failing settlement under the foregoing procedure of both Parties a request for any grievance between the services parties arising from the interpretation, application, administration or alleged violation of a Mediator shall this Agreement, including any question as to whether the matter is arbitrable, such grievance may be made within seven (7) working dayssubmitted to arbitration as hereinafter provided. If Arbitration arbitration is to be invoked, the request for Arbitration arbitration must be made in writing within ten fifteen (1015) calendar days after the grievance has been dealt with in mediationdecision at Step #2 is given. 17.02 When either Party party requests that a grievance be submitted to Arbitration they arbitration, it shall make such request in writing addressed to the other Party in this Agreement and party and, at the same time recommend time, either propose a number sole arbitrator or name a nominee to a board of Arbitratorsarbitration. Within ten five (105) days, days thereafter, the other party shall select one of respond to the recommended Arbitrators proposal (by accepting the proposed sole arbitrator or suggest proposing another sole arbitrator) or shall appoint a new list from which nominee, as the other Party case may select one of the recommended Arbitratorsbe. If applicable, the Parties two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon a single Arbitratorsuch chairperson within ten (1O) days, they shall then either may request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator within a thirty (30) day periodchairperson. 17.03 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The Parties shall Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 No matter may be submitted to Arbitrationarbitration, which has not been properly carried through all of the previous steps of the grievance procedure. 17.07 The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto parties hereto, and the decision of the Arbitrator majority of such board will be final and binding on upon the Parties parties hereto. If a majority decision is not possible, then within a ten (1O) day period the decision in writing of the Chairman shall be final and binding upon the parties hereto. 17.08 At any stage of the grievance procedure including mediation and Arbitrationarbitration, the conferring Parties parties may have the assistance of the employee or employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties parties to fully investigate all the circumstances. 17.09 The Parties may extend any parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be strictly complied with except by mutual consent; the request of such extension and the answer shall be in writing. Such requests shall not be unreasonably deniedwritten agreement to extend them.

Appears in 1 contract

Samples: Collective Agreement

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 (10IO) 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) 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.

Appears in 1 contract

Samples: Collective Agreement

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 party requests that a grievance be submitted sub- mitted to Arbitration arbitration they shall make such request in writing addressed to the other Party party in this Agreement and and, at the same time recommend a number of Arbitratorsnominate an arbitrator. Within ten five (105) days, thereafter, days thereafter the other party shall nominate an arbitrator. The two ar- bitrators nominated shall meet immediatelyand, if within two (2) working days they fail to settle the grievance, they shall attempt to select one by agree- ment a Chairman of the recommended Arbitrators or suggest a new list from which the other Party may select one of the recommended Arbitratorsan Arbitration Board. If the Parties they are unable to agree upon such Chairman within a single Arbitratorfurther period of twenty-four (24) hours, they shall may then request the Ministry Minister of Labour for the Province of Ontario to assist them in selecting an impartial Arbitrator Chairman, within a thirty (30) day period. 17.03 . No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the grievance. 17.04 The Parties shall . Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will jointly bear the cost expenses of the single ArbitratorChairman of the Arbitration Board, if any. 17.05 . The Arbitrator Arbitration Board shall not be authorized to make any decision inconsistent with inconsistentwith the provisions of the this Agreement, not nor to alter, modify or amend any part of this Agreement. 17.06 . No matter may be submitted to Arbitration, arbitration which has not been properly carried through all of the previous allprevious steps of the grievance procedure. 17.07 Grievance Procedure. The proceedings of the Arbitrator Arbitration Board will be expedited by the Parties hereto parties hereto, and the decision of the Arbitrator majority of such board will be final and binding on upon the Parties parties hereto. 17.08 . If a majority deci- sion 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. At any stage of the grievance procedure GrievanceProcedure including mediation and Arbitrationarbitration, the conferring Parties parties may have the assistance of assistanceof the employee or Employeeor employees concerned and any witnesses necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties conferr- ing parties to fully investigate all the 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.

Appears in 1 contract

Samples: Master Collective Agreement

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