Common use of Arbitration Procedure Clause in Contracts

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator agreeable to both parties. In the event that the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.

Arbitration Procedure. 26.01 35.01 If the Union and the Employer cannot reach a settlement, an adjustment upon request of either party, the grievance shall be submitted to an arbitrator agreeable Arbitrator. If agreement cannot be reached with ten (10) days in respect to both parties. In the event that selection of an Arbitrator by the parties cannot agree to an arbitrator they involved, the matter shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board Board, who shall appoint an arbitratorArbitrator. The arbitrator shall will not be deemed to be willing to act unless s/he is in the position to convene a the hearing within twenty-eight (28) days from the date of their his/her appointment. The decision of the arbitrator shall be given within a period of twenty-twenty- one (21) days after the closing of the arbitration hearing. 26.02 35.02 The person selected as arbitrator an Arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 35.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem he or she deems essential to a full understanding and determination of the issues involved. In reaching their his or her decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 35.04 The arbitrator Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, Agreement and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 35.05 In the event of termination, discharge or suspension of an employee, the arbitrator Arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem he or she deems equitable. 26.06 35.06 The findings and decisions decision of the arbitrator Arbitrator, on all arbitrable questions, shall be binding and enforceable on all parties involved. 26.07 35.07 It is the intention of the parties that this article section shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations operations, as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreementsection. 26.08 35.08 The expenses and fees of the arbitrator Arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.

Arbitration Procedure. 26.01 7:01 Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within ten days notify the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall within ten days of the appointment of the second of them appoint a third person who shall be the Chairman. If the Union and recipient of the Employer cannot reach notice fails to appoint an arbitrator or if the two appointees fail to agree upon a settlementChairman within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party, . The Arbitration Board shall hear and determine the grievance difference or allegation and shall issue a decision and the decision shall be submitted to an arbitrator agreeable to both parties. In the event that final and binding upon the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointmentand upon any employee affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing decision of the arbitration hearingArbitration Board, but if there is no majority, the decision of the Chairman will govern. 26.02 The 7:02 No person selected as arbitrator shall in no way be involved directly in appointed a member of the controversy under consideration, or be a person Arbitration Board who has a personal been involved in an attempt to negotiate or financial interest in either party settle the difference or allegation submitted or to the disputebe submitted to it. 26.03 7:03 The arbitrator Arbitration Board shall receive and consider such material evidence and contentions as the parties may offer and shall not make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by any decision inconsistent with the provisions of this Agreement. 26.04 The arbitrator , nor shall not be vested with the power to changeit alter, modify or alter amend any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term part of this Agreement. 26.05 7:04 In the event of termination, that an Arbitration Board is required to deal with a dispute involving the discharge or suspension of an employee, the arbitrator it shall have the right power to sustain the Employer's action discharge or to suspension or reinstate the employee with full, part or no back pay, with or without compensation for time lost since the date of discharge or suspension, or, in the alternative, may make such other order which it considers just and equitable, provided however, that in assessing any compensation to be paid to a discharged or suspended employee the Arbitration Board must limit such compensation, if granted, to loss of seniority, or to settle wage earnings from the matter in any way they deem equitableEmployer. 26.06 The findings 7:05 Each party shall bear the cost of its own arbitrator and decisions any expense incurred by reason of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention appointment of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the third arbitrator shall be borne equally by the parties to the arbitration proceedingsparties. 26.09 In 7:06 The parties agree for the interest life of settling this contract to use single arbitrators. The following arbitrators will be used on a grievance prior to an arbitration hearing either party may request rotational basis, for rights arbitration, commencing with the assistance of a grievance mediator from first listed: Xxxx Xxxxxx Xxxxx Xxxxx Xxxx Xxx Xxxx Xxxxxxx Xxxxxxx 7:07 The parties will equally bear the Province of Manitoba Conciliation Services. In the event the costs fees and expenses of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally sole arbitrator. Any witnesses called by the parties to will be at their individual expense. 7:08 The times specified in Article 7 may at any time, whether before or after an event, be extended or abridged by mutual consent of the arbitration proceedings provided both parties have Employer and the Union. Such consent shall be expressed in writing and shall specify the alteration agreed to request this grievance mediation assistanceto.

Arbitration Procedure. 26.01 20.01 If the Union and the Employer cannot reach a settlement, upon settlement then at the request of either party, the grievance shall be submitted to an arbitrator. If agreement cannot be reached within seven (7) calendar days in respect to the selection of an arbitrator agreeable to both parties. In the event that by the parties cannot agree to an arbitrator they involved, the matter shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The Unless otherwise mutually-agreed to between the Union and the Employer, an arbitrator shall convene a hearing must hear and determine all matters in dispute within twenty-eight sixty (2860) calendar days from the date of their his or her appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 20.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 20.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem s/he deems essential to a full understanding and determination of the issues involved. In reaching their his/her decision, the arbitrator shall be governed by the provisions of this Agreement.Agreement and shall render a decision as soon as reasonably possible 26.04 20.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 20.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's ’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem she/he deems equitable. 26.06 20.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 20.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. , The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 20.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 20.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the that assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the that costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 27.01 If the Union and the Employer cannot reach a settlementan adjustment, upon request of either party, the grievance shall be submitted to an arbitrator. The arbitrator agreeable herein set forth on a rotating basis: 1. Xxxxx Xxxx 2. Xxxxx Xxxxxx 3. Xxxxx Xxxxxxxx 4. Xxxxxx Xxxxxxxxx 5. Xxxxxxx Xxxxx If any individual of the above noted panel, who has been requested in their turn to both partiesact as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator until their name comes up again on the regular rotation of the panel. Arbitrators shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-twenty- one (21) days after the closing of the arbitration hearing. 26.02 27.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 27.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem deemed essential to a full understanding and determination of the issues involved. In reaching their a decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 27.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 27.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem deemed equitable. 26.06 27.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 27.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 27.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 27.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both proceedings. 27.10 The Employer and the Union agree that at any time during the negotiation process either party may request the use of a mutually acceptable Conciliation Officer in their attempts to negotiate revision of the Collective Agreement. It is expressly understood and agreed between the parties have that any such Conciliation Officer has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept their suggested settlement to the matters in dispute. All expenses and fees that may be incurred by such Conciliation Officer shall be borne equally by the Employer and the Union. Unless otherwise mutually agreed to request between the Employer and the Union, this grievance mediation assistanceprocedure may only be used in situations where Conciliation services are not available through provincial legislation.

Arbitration Procedure. 26.01 27.01 If the Union and the Employer cannot reach a settlementresolution, upon request of either party, the grievance shall be submitted to a single arbitrator herein set forth on a rotating basis: 1. Xxxxx Xxxxxx 2. Xxxx Xxxxxx 3. Xxxxx Xxxxxxxx 4. Xxxxxx Xxxxxxxxx 5. Xxxxxxx Xxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator Arbitrator shall be given within a period of twenty-twenty- one (21) days after the closing of the arbitration hearing. 26.02 27.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 27.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 27.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 27.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 27.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 27.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 27.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 27.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If 18.01 Where a dispute between the Union and parties has not been resolved via the Employer cannot reach grievance procedure outlined in this Agreement, either party may refer the matter to arbitration. A dispute as to whether a settlement, upon request of either matter is arbitrable may also be referred to arbitration. 18.02 The party referring a grievance to arbitration shall notify the other party, in writing, of its desire to do so within fifteen (15) business days of the receipt of a response under Step Two of the grievance procedure, or of the date upon which such response was required. 18.03 The party referring the grievance to arbitration shall, along with its written notification in Article 18.02, provide the names of individuals it considers acceptable to hear the matter as sole arbitrator. The party receiving the notice shall have ten (10) business days to respond in writing to such nominations. If a response is not given within the required time period, the party referring the grievance to arbitration may request the Minister of Labour to appoint a sole arbitrator. 18.04 No person shall be submitted appointed as arbitrator who has been involved in an attempt to an arbitrator agreeable negotiate, resolve, or settle the grievance, unless mutually agreed to both by the parties. In the event that . 18.05 If the parties cannot agree to an arbitrator they shall arbitrator, either party may request the Manitoba Minister of Labour Board to appoint onea sole arbitrator. 18.06 The arbitrator shall hear and determine the dispute and shall issue a decision which is final and binding upon the parties and upon any affected employee. 18.07 The arbitrator shall have the authority to settle disputes only under the terms of this Agreement and of the law, and to interpret only the terms of this Agreement and the law. The matter will be referred arbitrator may make such decision as he deems just and equitable in the circumstances, and may vary or set aside any discipline or penalty imposed by the Employer relating to the Manitoba Labour Board who shall appoint an arbitratorgrievance. The arbitrator shall convene a hearing within twenty-eight (28) days have no power to alter, add to, or subtract from the date terms of their appointment. The this Agreement or make any decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of inconsistent with this Agreement. 26.04 The arbitrator 18.08 Each party shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present pay its own expenses for an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievancesarbitration. The parties shall act in good faith in proceeding jointly bear the fees and expenses of the arbitrator. 18.09 Notwithstanding the above, a grievance may, after Step Two of the grievance procedure, be referred to adjust grievances expedited arbitration in accordance with the provisions of this Agreementthe Labour Relations Act. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The following will be used on a rotating basis: (a) Xxxxx Xxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx (d) Xxxxxxx Xxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) calendar days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) calendar days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one eight (2128) calendar days after the closing of the arbitration hearing, or such other length of time as may be mutually agreed. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 . In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the Section 5.1 Any grievance shall be submitted to an arbitrator agreeable to both parties. In the event that the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising filed during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions agreement that is not adjusted by means of the arbitrator shall grievance procedure provided for in Article IV may be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding submitted to adjust grievances arbitration by either party in accordance with the provisions of this Article. Section 5.2 Whenever a grievance is to be submitted to arbitration, written notice will be served to the other party within thirty (30) days after receipt of the last written answer as provided in Step 2 of the grievance procedure. The time may be extended by mutual consent of the Company and the Union. Within sixty (60) calendar days of the giving of such notice, the Union shall submit a written request for a panel of seven (7) members of the National Academy of Arbitrators with their principal place of residence in Ohio, Kentucky or Indiana to the Federal Mediation and Conciliation Service, with a simultaneous copy to the Company’s Manager–Labor Relations. If not taken forward within the above-mentioned timeframe, the matter will be considered closed and the Company’s final grievance response will stand as written. Section 5.3 Any awards of back wages by an arbitrator shall be limited to the amount of straight time wages at the employee’s base rate the employee would otherwise have earned from her/his employment with the Company during the period involved, less any unemployment compensation or other compensation for employment that the employee may have received from any source during that period, provided that such compensation was not a normal part of the employee’s income prior to the imposition of the discipline. However, in any grievance arbitrated under the provisions of this Section, the Company shall under no circumstances be liable for any retroactive back pay, benefits, or any other advantage of employment (such as vacations) for more than eighteen months (plus any time that the processing of the grievance or arbitration was delayed at the specific request of the Company) after the date of the disciplinary action. Delays at the specific request by the Union in which the Company concurs shall not be included in such additional time. Section 5.4 With mutual agreement the parties may hold a pre-arbitration meeting. The intent of this meeting would be for both parties to make a final attempt to resolve the issue before meeting in arbitration. Section 5.5 The Arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 4.1 of Article IV including disciplinary actions. The Arbitrator shall have no authority to add to, or subtract from, or amend, or modify in any way the terms, conditions, or provisions of this Agreement, nor of any of the established routines, rules, or practices of the Company which are not inconsistent with the provisions of the Agreement. 26.08 Section 5.6 The expenses and fees decision of the arbitrator Arbitrator shall be borne final and binding upon all employees, the Company, and the Union, and shall be complied with as soon as possible. Section 5.7 The fees and expenses of the Arbitrator, including the cost of the transcript of the record, shall be shared equally between the Company and the Union. Each party will pay its costs for preparing and presenting its case to the Arbitrator. Two (2) employees, designated by the parties to Union, will be paid a maximum of eight (8) straight time hours per day at their basic wage rate for regular scheduled time lost from work for the arbitration proceedingspurpose of attending an Arbitration Hearing. Employees called as witnesses by the Union will be excused from their jobs, without pay, for the purpose of giving testimony. 26.09 In Section 5.8 The Arbitrator shall have authority to include in the interest of settling a grievance prior award an order for money restitution to an arbitration hearing either party may request the assistance of employee, or employees, where improper payment, for failure to make proper payment, is a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistancepoint at issue or where suspension or discharge is involved.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The following will be used on a rotating basis: (a) Xxxxx XxXxxxxxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) calendar days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) calendar days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one twenty- eight (2128) calendar days after the closing of the arbitration hearing, or such other length of time as may be mutually agreed. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If the Employer or the Union and the Employer cannot reach requests that a settlement, upon request of either party, the grievance shall as provided in Article be submitted to Arbitration, i t shall make such request in writing addressed to the other party, and at the same time nominate an arbitrator agreeable Arbitrator. Within five working days thereafter the other party shall nominate an Arbitrator and notify the other party. The two Arbitrators so nominated shall, within fifteen working days of the nomination of the latter of them, attempt to both partiesselect by agreement a third person to be a member and Chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson, they may then request the Minister of Labour for the Province of Ontario to appoint a Chairperson. In the event that of default by either party in nominating its representative to the parties cannot agree Arbitration Board, the other party may apply to the Minister o f Labour for the Province of Ontario who shall have power to effect such appointment. No person may be appointed as an arbitrator they shall request Arbitrator who has been involved in an attempt to negotiate or settle the Manitoba Labour Board to appoint onegrievance. The matter will be referred to the Manitoba Labour Arbitration Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power have jurisdiction to changealter, modify modify, amend, add or alter delete any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the determining of a subject matter not covered by or arising during the term terms and provisions of this Agreement. 26.05 In . No matter may be submitted to Arbitration which has not been properly carried through the event Grievance Procedures, except that the parties by mutual written consent, may extend the time limits fixed in both the Grievance and Arbitration Procedures. No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive beyond seven days before the complaint was discussed with the Foreperson or as lodged by the Employer or Union under Section of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 Article The findings and decisions written decision of the arbitrator shall majority o f the Arbitration Board will be final and binding upon the parties hereto, and enforceable on all parties involved. 26.07 It is the intention employees. Each of the parties that this article shall provide hereto will bear the fees and expenses of the Arbitrator appointed by it, and the parties will jointly bear the fees and expenses of the Chairperson of the Arbitration Board. TERM I N AT I ON NOT I C E Should the employer terminate an employee for redundancy reasons or for cause, other than in extreme cases such as wilful misconduct, disobedience or wilful neglect of duty, the employee will be entitled to a peaceful method combination of adjusting all grievancestermination notice, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances and severance pay in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.following schedule:-

Arbitration Procedure. 26.01 27.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator agreeable to both parties. In the event that the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene following will be used on a hearing within twenty-eight rotating basis: (28a) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one Xxxxx Xxxx (21b) days after the closing of the arbitration hearing.Xxxxx Xxxxxx 26.02 (c) Xxxxx Xxxxxxxx (d) Xxxxxxx Xxxxxxx 27.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 27.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 27.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 27.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 27.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 27.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 27.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 27.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlementsettlement in accordance with the Grievance Procedure as outlined in this agreement, upon request of either party, the grievance shall be submitted to an arbitrator. The arbitrators herein set forth shall be appointed on a rotating basis: Xxxxx Xxxxxx Xxxxx XxXxxxxxxx Xxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection, unless the parties agree otherwise. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. Each party shall pay their own witness expenses. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the The expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If When either party demands that a grievance be taken to arbitration under the Union and the Employer cannot reach a settlement, upon request provisions of either party, the grievance Article or Article such demand shall be submitted to an arbitrator agreeable to both parties. In the event that the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred include notice to the Manitoba Labour Board who shall appoint other party of the appointment of an arbitrator. The arbitrator shall convene a hearing within twenty-eight Within ten (2810) days from thereafter, the date other party shall nominate an arbitrator, provided however that if such party fails to nominate an arbitrator as herein required, the Minister of their appointmentLabour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The decision two arbitrators so nominated shall attempt to select, by agreement, a Chairperson of the arbitrator shall be given Arbitration Board. If they are unable to agree upon such a Chairperson within a period of twenty-one five (215) days after days, either may then request the closing Minister of Labour for the Province of Ontario to appoint an impartial Chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the arbitration hearing. 26.02 Grievance Procedure. The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator Arbitration Board shall not be vested with the power authorized to change, modify or alter make any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance decision inconsistent with the provisions of this Agreement nor to alter, modify, add to or amend any part of this Agreement. 26.08 . The expenses proceedings of the Arbitration Board will be expedited by the parties hereto and fees the decision of the majority, and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairperson of the Arbitration Board. The party demanding arbitration shall be borne equally by responsible for informing any third party likely to be adversely affected: (a) of the time and place of the sitting of the Board of Arbitration, of the matter to be placed before the Board, and of the right of that third party to be present and represented. The provisions of Article herein may be waived should the parties agree to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance appointment of a grievance mediator single arbitrator as provided in the Labour Relations Act The purpose of this Article the provision of increased job security and increased protection of accrued benefits in relation to length of employment. A new employee shall be on probation until completion of three (3) months continuous employment. All new employees who have completed the probationary period shall have seniority as from their last date of hiring. The University agrees to maintain up-to-date seniority and provide to the Province Union up-to-date seniority lists every four (4) months. Union officials may have access to up-to-date seniority information on an basis. The University acknowledges the desirability of Manitoba Conciliation Servicespromotion and career progression within the bargaining unit. Therefore in all cases of promotion, demotion or reclassification within the bargaining unit, consideration shall be given to skill, efficiency and job ability. Where, in the opinion of the University which shall not be exercised in an arbitrary or discriminatory manner, these factors are relatively equal, seniority shall govern. Therefore only after applicants with seniority and qualifications will others be considered. In all cases of lay-off or recall from lay-off, seniority shall govern. Therefore, the event of lay-off an employee may bump another employee with the costs least seniority any classification and the case of recall the last employee laid off shall be the first recalled; provided that lay-off and recall from lay-off, the opinion of the mediator are University, which shall not borne by the Province of Manitobabe exercised in an arbitrary or discrimin- atory manner, the expenses employee is qualified and fees able to do the work in (a) Temporary full-time and part-time employees shall be laid off before the lay-off of a regular full-time employee in accordance with the procedures set out Article The University will give employees who have completed their probationary period notice of lay-off according to the following scale: up to years seniority working weeks, years but less than years seniority working weeks, years but less than years seniority working weeks, years but less than years seniority working weeks, years but less than years seniority-- working weeks, years or more of seniority working weeks. The University will supply writing to the Union advice of each regular employee laid off from work and recalled to work following a period of lay-off of unspecified duration. An employee shall terminate his or her employment the employee: (a) voluntarily leaves the employ of the mediator shall be borne equally by is discharged and is not reinstated through the parties Grievance or Arbitration Procedure; is absent from work without permission and without a reasonable explanation for failing to seek such permission for five (5) consecutive working days; without reasonable explanation, fails to return to work upon termination of an authorized leave of absence or utilizes a leave of absence for purposes other than those for which the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.leave of absence was granted;

Arbitration Procedure. 26.01 27.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The following will be used on a rotating basis: (a) Xxxxx XxXxxxxxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) calendar days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) calendar days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one twenty- eight (2128) calendar days after the closing of the arbitration hearing, or such other length of time as may be mutually agreed. 26.02 27.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 27.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 27.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 27.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 27.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 27.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 27.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 27.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The arbitrator agreeable herein set forth on a rotating basis: (a) Xxxxx XxXxxxxxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx (d) Xxxxxx Xxxxxxxxx (e) Xxxxxxx Xxxxx If any individual of the above noted panel, who has been requested in their turn to both partiesact as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-twenty- one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlementsettlement in accordance with the Grievance Procedure as outlined in this agreement, upon request of either party, the grievance shall be submitted to an arbitrator. The arbitrators herein set forth shall be appointed on a rotating basis: Xxxxx Xxxxxx Xxxxxx Xxxxxxxxx Xxxxx XxXxxxxxxx Xxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection, unless the parties agree otherwise. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-twenty- one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. Each party shall pay their own witness expenses. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the The expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If When either party demands that a grievance be taken to arbitration under the Union and the Employer cannot reach a settlement, upon request provisions of either party, the grievance Article or Article such demand shall be submitted to an arbitrator agreeable to both parties. In the event that the parties cannot agree to an arbitrator they shall request the Manitoba Labour Board to appoint one. The matter will be referred include notice to the Manitoba Labour Board who shall appoint other party of the appointment of an arbitrator. The Within ten days thereafter, the other party shall nominate an arbitrator, provided however that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall convene a hearing within twenty-eight (28) days from have power to effect such appointment upon application thereto by the date of their appointmentparty invoking Arbitration Procedure. The decision two arbitrators so nominated shall attempt to select, by agreement, a Chairperson of the arbitrator shall be given Arbitration Board. If they are unable to agree upon such a Chairperson within a period of twenty-one five (215) days after days, either may then request the closing Minister of Labour for the Province of Ontario to appoint an impartial Chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the arbitration hearing. 26.02 Grievance Procedure. The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator Arbitration Board shall not be vested with the power authorized to change, modify or alter make any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance decision inconsistent with the provisions of this Agreement nor to alter, modify, add to or amend any part of this Agreement. 26.08 . The expenses proceedings of the Arbitration Board will be expedited by the parties hereto and fees the decision of the majority, and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairperson of the Arbitration Board. The party demanding arbitration shall be borne equally by responsible for informing any third party likely to be adversely affected: of the time and place of the sitting of the Board of Arbitration, of the matter to be placed before the Board, and of the right of that third party to be present and represented. The provisions of Article herein may be waived should the parties agree to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance appointment of a grievance mediator from single arbitrator as provided in the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceLabour Relations Act.

Arbitration Procedure. 26.01 27.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The following will be used on a rotating basis: (a) Xxxxx Xxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx (d) Xxxxxxx Xxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) calendar days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) calendar days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one twenty- eight (2128) calendar days after the closing of the arbitration hearing, or such other length of time as may be mutually agreed. 26.02 27.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 27.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 27.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 27.05 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 27.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 27.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 27.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 27.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistanceproceedings.

Arbitration Procedure. 26.01 If the Union 30.01 Any dispute not settled in accordance with Article 28 and the Employer cannot reach a settlement, upon request of either party, the grievance shall Article 29 may be submitted to an arbitrator agreeable to both who will be selected jointly by the parties. In The party electing arbitration will serve notice of intent to arbitrate within 60 days of receiving the event that Company’s decision and will submit the name of at least 1 arbitrator to the other party. If the parties cannot are unable to agree to on the choice of an arbitrator they shall request within 15 calendar days after notice of intent has been received, the Manitoba Minister of Labour Board to appoint one. The matter will be referred requested to the Manitoba Labour Board who shall appoint an arbitrator. . 30.02 The arbitrator shall convene a hearing within twenty-eight (28) days from will have full jurisdiction over matters placed in his hands under the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions terms of this Agreement. 26.04 30.03 The arbitrator shall not be vested will have no jurisdiction to alter, modify, amend or make any decision inconsistent with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement. 30.04 The arbitrator will establish his own procedure consistent with the principles of natural justice. 30.05 The arbitrator will have full authority, in the case of a grievance appeal, to render any decision that is fair and shall not depend on or involve an issue or contention by either party which is contrary equitable with regard to the interpretation, application and alleged violation of the Agreement and to any provisions of this Agreement, or which involves the determining grievance of a subject matter not covered by or arising during the term of this Agreementdisciplinary nature. 26.05 30.05.01 In the event case of termination, disciplinary or discharge or suspension of an employeeappeals, the arbitrator shall will have the right authority to sustain determine whether the Employerdisciplinary or discharge action taken by the Company was for just and proper cause. 30.05.02 In such disciplinary or discharge appeals, the arbitrator may uphold the Company's action final decision, fully exonerate and reinstate the Cabin Attendant with pay for all time lost or render such other decision as he considers just and equitable. 30.05.03 In the case of an arbitration where the decision has been to reinstate the employee with fullCabin Attendant, part or no back pay, with or without loss of seniority, or any salary adjustment included in the decision will be paid to settle the matter in any way they deem equitableCabin Attendant within 30 days after receiving the decision. 26.06 30.05.04 The findings arbitrator's decisions will be final and decisions binding on the Union, the Company and the Cabin Attendant involved. 30.06 The Company will provide the Union with a copy of all documents and materials relating to the grievance. 30.07 For any arbitration hearing, the grievor shall be blocked for the hearing dates. Cabin Personnel called as witnesses will be granted the time needed for their deposition as well as facilitate their transportation on the Company's system. Subject to 14.03 each party will cover the costs of replacing their respective witnesses. 30.08 Compensation of the arbitrator shall and the expenses incurred by him will be binding and enforceable on all parties involvedshared equally by each party. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. 30.09 The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties Article 30 will in no way limit restrict or abridge any rights or privileges accorded to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request under the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistancelaw.

Arbitration Procedure. 26.01 If (1) Once the grievance procedure as set out in Article 7 of this Agreement has been exhausted the Union and the Employer cannot reach a settlement, upon request of either party, may agree to mediate the grievance shall be submitted to an arbitrator agreeable to both partiesmatter in dispute. In the event agreement is arrived at in writing, the Arbitration process shall be suspended. In order for the grievance to proceed, the Party that is advancing the matter must do so by providing written notice to the other Party within five (5) working days immediately following mediation, unless the Parties agree otherwise. The Parties agree to equally share the cost of mediation. (2) After exhausting the Grievance procedure either party may refer any dispute regarding the interpretation, administration, application or alleged violation of this agreement, including any question as to whether or not a matter is arbitrable to an arbitration board. Any referral of the grievance or dispute between the parties cannot agree to an arbitrator arbitration board shall be within (10) working days after the decision has been rendered at Step 4. Either party seeking arbitration shall so advise the other party, in writing, and, at the same time, appoint its member on the Arbitration Board. The other party shall appoint, within seven (7) calendar days of this notice, its member on that Board. The two appointed members shall confer and endeavour to settle the matter within seven (7) calendar days of receipt by the first-named Arbitrator of the name of the second Arbitrator. Failing that, the two Arbitrators shall endeavour to select an Arbitration Board Chairperson within an addition seven (7) calendar days. Failing that, they shall request ask forthwith the Manitoba Minister of Labour Board of the Province of Ontario to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight Chairperson. (283) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing majority of the arbitration hearing. 26.02 The person selected Board will be final and binding on the parties hereto as arbitrator shall in no way be well as upon the employee or employees involved directly in the controversy under considerationdispute. If there is no majority, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination decision of the issues involvedChairman will govern. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator Board shall not be vested with the have any power to change, modify alter or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to change any provisions of this Agreement, or which involves to substitute any new provision for an existing provision, or to render any decision inconsistent with the determining of a subject matter not covered by or arising during the term terms and content of this Agreement. 26.05 (4) Each party shall bear the expense of its own appointee and share equally the expenses of the Chairperson. (5) In the event of termination, discharge or suspension case of an employeeemployee who has been found to be unjustly suspended or discharged, they shall be reinstated and have all rights and benefits restored. The penalty, if any, shall be at the arbitrator shall have discretion of the right Board of Arbitration. (6) Upon request by either Party and subject to sustain the Employer's action agreement by both parties, a matter being referred to arbitration may be heard by a single chairperson. Failure to request a single chairperson or failure to reinstate the employee with full, part or no back pay, with or without loss of seniority, or mutually agree to settle a single chairperson will result in the matter in any way they deem equitablebeing processed according to article 8.05 (2). 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.

Arbitration Procedure. 26.01 If the Union and the Employer cannot reach a settlement, upon request of either party, the grievance shall be submitted to an arbitrator. The following will be used on a rotating basis: (a) Xxxxx Xxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx (d) Xxxxxxx Xxxxxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall be unable or unwilling to act they shall not again be requested to act as the arbitrator agreeable until their name comes up again on the regular rotation of the panel. The arbitrator shall not be deemed to both partiesbe willing to act unless they are in the position to convene the hearing within twenty-eight (28) calendar days from the date of their selection. In the event that none of the parties cannot agree above arbitrators is willing to an arbitrator they shall request convene a hearing within twenty-eight (28) calendar days, the Manitoba Labour Board to appoint one. The matter will be referred to the Manitoba Labour Board who shall appoint an arbitrator. The arbitrator shall convene a hearing within twenty-eight (28) days from the date of their appointment. The decision of the arbitrator shall be given within a period of twenty-one twenty- eight (2128) calendar days after the closing of the arbitration hearing, or such other length of time as may be mutually agreed. 26.02 The person selected as arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 26.03 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. In reaching their decision, the arbitrator shall be governed by the provisions of this Agreement. 26.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 26.05 . In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 26.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 26.07 It is the intention of the parties that this article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement. 26.08 The expenses and fees of the arbitrator shall be borne equally by the parties to the arbitration proceedings. 26.09 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings provided both parties have agreed to request this grievance mediation assistance.