Common use of ARBITRATION PROCEDURE - GRIEVANCES Clause in Contracts

ARBITRATION PROCEDURE - GRIEVANCES. 15.1 Any dispute or grievance concerning the interpretation or alleged violation of this Agreement including any question as to whether a matter is arbitrable which having passed through the grievance procedure outlined in the above article still remains unresolved, may be submitted to arbitration. Either party to the Agreement desirous of exercising this provision shall give notice of intention to the other party and at the same time appoint its member to the Board of Arbitration. The other party shall, within a period of seven (7) working days, appoint its member to the Board of Arbitration. The two members thus appointed shall confer jointly in an endeavour to select a third member who shall be the Chair of the Board. The parties may mutually agree to use a single arbitrator as outlined in Clause 15.7 in lieu of a Board. 15.2 If within ten (10) working days the two (2) members have not reached agreement, the matter shall be referred to the Minister of Labour of the Province of Ontario who shall appoint a Chair. The decision of the Board of Arbitration shall be final and binding on both parties to the Agreement as well as upon the Employee or Employees involved in the dispute. 15.3 The Board of Arbitration or single Arbitrator shall not have any power to alter or change any provision in this Agreement or to substitute any new provision for an existing provision nor to render any decision inconsistent with the terms and content of this Agreement. 15.4 Each party shall bear the expenses of its own member and shall bear equally the expense of the Chair or the single Arbitrator and all other expenses of the arbitration. 15.5 In the case of an Employee who has been found to be unjustly suspended or discharged, the employee shall be reinstated and have all rights and benefits restored. 15.6 Nevertheless, in any situation where the Board of Arbitration or the single Arbitrator determines that there is cause for discipline, suspension or discharge, it shall have the power to modify any penalty imposed by the Employer and to take whatever other action is just and equitable in the circumstances.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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ARBITRATION PROCEDURE - GRIEVANCES. 15.1 Any dispute or grievance concerning the interpretation or alleged violation of this Agreement Agreement, including any question as to whether a matter is arbitrable arbitrable, which having passed through the grievance procedure outlined in the above article previous Article still remains unresolved, may be submitted to arbitration. Either party to the Agreement desirous of exercising this provision shall give notice of intention to the other party and at the same time appoint its member to the Board of Arbitration. The other party shall, within a period of seven (7seven(7) working days, appoint its member to the Board of Arbitration. The two members thus appointed shall confer jointly in an endeavour to select a third member who shall be the Chair Chairman of the Board. The parties may mutually agree to use a single arbitrator as outlined in Clause 15.7 in lieu of a Board. 15.2 If If, within ten (10) working days days, the two (2) members have not reached agreement, the matter shall be referred to the Minister of Labour of the Province of Ontario who shall appoint a ChairChairman. The decision of the Board of Arbitration shall be final and binding on both parties to the Agreement as well as upon the Employee employee or Employees employees involved in the dispute. 15.3 . The Board of Arbitration or single Arbitrator shall not have any power to alter or change any provision in this Agreement or to substitute any new provision for an existing provision provision, nor to render any decision inconsistent with the terms and content of this Agreement. 15.4 15.2 Each party shall bear the expenses of its own member arbitrator and shall bear equally the expense of the Chair or the single Arbitrator Chairman and all other expenses of the arbitration. 15.5 15.3 In the case of an Employee employee who has been found to be unjustly suspended or discharged, the employee he shall be reinstated and have all rights and benefits restored. 15.6 15.4 Nevertheless, in any situation where the Board of Arbitration or the single Arbitrator determines that there is cause for discipline, suspension suspension, or discharge, it shall have the power to modify any penalty imposed by the Employer and to take whatever other action is just and equitable in the circumstances.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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ARBITRATION PROCEDURE - GRIEVANCES. 15.1 Any dispute or grievance concerning the interpretation or alleged violation of this Agreement including any question as to whether a matter is arbitrable which having passed through the grievance procedure outlined in the above article still remains unresolved, may be submitted to arbitration. Either party to the Agreement desirous of exercising this provision shall give notice of intention to the other party and at the same time appoint its member to the Board of Arbitration. The other party shall, within a period of seven (7( 7 ) working days, appoint its member members to the Board of or Arbitration. The two members thus appointed shall confer jointly in an endeavour to select a third member who shall be the Chair Chairman of the Board. The parties may mutually agree to use a single arbitrator as outlined in Clause 15.7 in lieu of a Board. 15.2 If within ten (10) working days day the two (2) members have not reached agreement, the matter shall be referred to the Minister of Labour of the Province of Ontario who shall appoint a ChairChairman. The decision of the Board of Arbitration Atbitration shall be final and binding on both parties to the Agreement as well as upon the Employee or Employees involved in the dispute. 15.3 . The Board of Arbitration or single Arbitrator shall not have any power to alter or change any provision in this Agreement or to substitute any new provision for an existing provision nor to render any decision inconsistent with the terms and content of this Agreement. 15.4 . Each party shall bear the expenses of its own member arbitrator and shall bear equally the expense of the Chair or the single Arbitrator Chairman and all other expenses of the arbitration. 15.5 . In the case of an Employee who has been found to be unjustly suspended or discharged, the employee shall be reinstated and have all rights and benefits restored. 15.6 . Nevertheless, in any situation where the Board of Arbitration or the single Arbitrator determines that there is cause for discipline, suspension or discharge, it shall have the power to modify any penalty imposed by the Employer and to take whatever other action is just and equitable in the circumstances.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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