Common use of Arbitration of Grievances Clause in Contracts

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 writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such termination.

Arbitration of Grievances. The 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then 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 (5) days, inform the other party of the name of it's its nominee. The two (2) nominees so selected 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 (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Ontario, Canada who shall make such appointmentsappointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision which that 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 that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have any authority jurisdiction to alter alter, or change change, in any manner manner, the provisions of this agreement Agreement or to substitute any new provisions provision in lieu thereof, or to give any decision contrary to the terms and conditions of this agreement Agreement or in any way modify, add to or detract from from, any provision provisions of this agreementAgreement. Each of the parties hereto shall bear the expense of its her own nominee to the Arbitration Board and the parties shall jointly and equally share the expense expenses 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 . 9.02 Should the Arbitration Board decides decide that a discharge was without just and sufficient cause, the Board may re-instate reinstate the employee and may him reimburse her for all time lost from the date of the discharge up to the date of re-instatementreinstatement, less any amounts earned by the employee in the interval interval, or by any other arrangement which is just and equitable. The equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits mentioned inthe set forth, or the grievance will be deemed to have been abandoned. It is further understood and arbitration procedures may be extended by mutual agreement between the parties; provided agreed that the time within which a grievance is required to be limits referred to arbitration under Stage Three herein are mandatory on the part of both parties. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the grievance procedure shallBoard of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing advance of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work set for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationhearing.

Arbitration of Grievances. The Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen (15) days after the decision at Step is given. When either party desiring arbitration requests that a grievance be submitted to arbitration, it shall notify make such request in writing addressed to the other party in writing and such notice shall contain and, at the same time, either propose a sole arbitrator or name of the first party's a nominee to the Arbitration Boarda board of arbitration. The recipient of the notice shallWithin five (5) days thereafter, within five days, inform 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 days, either may request the Minister of Labour to assist them in selecting a chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the name Parties hereto will bear the expense of the nominee appointed by it's nominee. The two nominees so selected shall proceed to select a third person who shall act as , and the Parties will jointly bear the expenses of the 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 appointmentsany. The Arbitration Board shall hear 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. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board will be expedited by the Parties hereto, and determine the difference or allegation decision of the majority of such board will be final and shall issue binding upon the Parties hereto. If a majority decision which is not possible, then within a ten day period the decision in writing of the Chairman shall be final and binding upon the parties Parties hereto. At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and upon any employee affected by itnecessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. The decision of a majority of parties acknowledge that 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 set out in both the grievance and arbitration procedures may must be extended strictly complied with except by mutual written 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 writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationextend them.

Arbitration of Grievances. The 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then 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 (5) days, inform the other party of the name of it's its nominee. The two (2) nominees so selected 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 (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Ontario, Canada who shall make such appointmentsappointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision which that 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 that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have any authority jurisdiction to alter alter, or change change, in any manner manner, the provisions of this agreement Agreement or to substitute any new provisions provision in lieu thereof, or to give any decision contrary to the terms and conditions of this agreement Agreement or in any way modify, add to or detract from from, any provision provisions of this agreementAgreement. Each of the parties hereto shall bear the expense of its her own nominee to the Arbitration Board and the parties shall jointly and equally share the expense expenses 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 . 9.02 Should the Arbitration Board decides decide that a discharge was without just and sufficient cause, the Board may re-instate reinstate the employee and may him reimburse her for all time lost from the date of the discharge up to the date of re-instatementreinstatement, less any amounts earned by the employee in the interval interval, or by any other arrangement which is just and equitable. The equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits mentioned inthe set forth, or the grievance will be deemed to have been abandoned. It is further understood and arbitration procedures may be extended by mutual agreement between the parties; provided agreed that the time within which a grievance is required to be limits referred to arbitration under Stage Three herein are mandatory on the part of both parties. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the grievance procedure shallBoard of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Xxxxx, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing advance of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work set for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationhearing.

Arbitration of Grievances. The Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then 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 (5) days, inform the other party of the name of it's its nominee. The two (2) nominees so selected 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 (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Ontario, Canada who shall make such appointmentsappointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision which that 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 that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have any authority jurisdiction to alter alter, or change change, in any manner manner, the provisions of this agreement Agreement or to substitute any new provisions provision in lieu thereof, or to give any decision contrary to the terms and conditions of this agreement Agreement or in any way modify, add to or detract from from, any provision provisions of this agreementAgreement. Each of the parties hereto shall bear the expense of its his own nominee to the Arbitration Board and the parties shall jointly and equally share the expense expenses 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 Should the Arbitration Board decides decide that a discharge was without just and sufficient cause, the Board may re-instate reinstate the employee and may reimburse him for all time lost from the date of the discharge up to the date of re-instatementreinstatement, less any amounts earned by the employee in the interval interval, or by any other arrangement which is just and equitableequitable in the opinion of the Board of Arbitration. The time Time limits mentioned inthe grievance specified in this Agreement are exclusive of Saturdays, Sundays and arbitration procedures holidays hereinafter enumerated and may only be extended modified by mutual agreement between agreement, in writing, otherwise each step must be by the parties; provided party concerned within the time set forth, or grievance will be to abandoned. It is further understood and agreed that the time within which a grievance is required to be limits referred to arbitration under Stage Three herein are mandatory on the part of both parties. No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. The Board of Arbitration shall select a date for hearing and all hearings of the grievance procedure shallBoard of Arbitration constituted under the terms of this Agreement shall be held in Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing advance of the Uniondate set for the hearing. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority Seniority is the principle of granting preference to employees for promotionpromotions, demotiondemotions, transfers, lay-offs offs, and rehiring after lay-offs, assignment of runs subject to the provisions of Article Article Article Article Article and all other matters in accordance with the length of servicecontinuous service with the Company in the bargaining unit, but providing only if that an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means An employee shall considered to be on probation until she has worked for the ranking Company for a period of ninety (90) calendar days in the case of employees in accordance the Mechanical Department from the date upon which such employee commences work. For employees in the Transportation Department, the probation period as aforesaid, shall be ninety trips or one hundred and twenty 20) days, whichever shall first occur, from the date upon which such employee commences work with their most recent the Company. Upon completion of the probation period, an employee's service shall be back-dated to the date of her last hiring by the Company and her "seniority" shall be deemed to run from that date. Where two (2) It is understood that the of a probationary employee shall not form the subject matter of a grievance. In all cases of promotion, demotion or more employees are initially hired on the same daytransfer, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which employees are to be promoted, demoted or transferred subject only to the provisions of them has Article herein. In the event of a lay off or recall to work following a lay off, probationary employees shall be laid off first and recalled last. Employees shall then be laid off in reverse order of seniority and recalled inverse order of seniority such that the most bargaining unit seniority in the new unit. An senior employee shall shall, subject to Article and herein, be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list laid off last and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationrecalled first.

Arbitration of Grievances. The ‌ 16.01 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen (15) days after the decision at Step #2 is given. 16.02 When either party desiring arbitration requests that a grievance be submitted to arbitration, it shall notify make such request in writing addressed to the other party in writing and such notice shall contain and, at the same time, either propose a sole arbitrator or name of the first party's a nominee to the Arbitration Boarda board of arbitration. The recipient of the notice shallWithin five (5) days thereafter, within five days, inform 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, either may request the Minister of Labour to assist them in selecting a chairperson. 16.03 Each of the name Parties hereto will bear the expense of the arbitrator appointed by it's nominee. The two nominees so selected shall proceed to select a third person who shall act as , and the Parties will jointly bear the expenses of the 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. any. 16.04 The Arbitration Board shall hear 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. 16.05 No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. 16.06 The proceedings of the Arbitration Board will be expedited by the Parties hereto, and determine the difference or allegation decision of the majority of such board will be final and shall issue binding upon the Parties hereto. If a majority decision which 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 and upon Parties hereto. 16.07 At any employee affected by it. The decision of a majority stage of the Arbitration Board is grievance procedure including arbitration, the decision conferring Parties may have the assistance of the Arbitration Board employee or employees concerned and in any necessary witnesses, and all reasonable arrangements will be made to permit the event there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have any authority conferring Parties 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 fully investigate all the powers of an Arbitration Board under this agreement and circumstances. 16.08 The parties acknowledge that 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 set out in both the grievance and arbitration procedures may must be extended strictly complied with except by mutual written 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 writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationextend them.

Arbitration of Grievances. The Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the request for arbitration must be made in writing within fifteen 5) days after the decision at Step is given. When either party desiring arbitration request that a grievance be submitted to arbitration, it shall notify make such request in writing addressed to the other party in writing and such notice shall contain and, at the same time, either propose a sole arbitrator or name of the first party's a nominee to the Arbitration Boarda board of arbitration. The recipient of the notice shallWithin five (5) days thereafter, within five days, inform 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 days, either may request the Minister of Labour to assist them in selecting a chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Each of the name Parties hereto will bear the expense of the nominee appointed by it's nominee. The two nominees so selected shall proceed to select a third person who shall act as , and the Parties will jointly bear the expenses of the 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 appointmentsany. The Arbitration Board shall hear 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. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board will be expedited by the Parties hereto, and determine the difference or allegation decision of the majority of such board will be final and shall issue binding upon the Parties hereto. If a majority decision which 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 Parties hereto. At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and upon any employee affected by itnecessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to fully investigate all the circumstances. The decision of a majority of parties acknowledge that 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 set out in both the grievance and arbitration procedures may must be extended strictly complied with except by mutual written 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 writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are initially hired on the same day, their seniority will be determined by the date and time of their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a result of such terminationextend them.