Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 6 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that Failing a satisfactory settlement in Step 2 of the grievance be submitted to an Arbitration Boardprocedures, the request it shall be in writing addressed the responsibility of the party desiring arbitration to so inform the other party, in writing, within fourteen (14) working days after the Labour Relations Specialist or her representative’s response. This time limit is mandatory and may only be altered by agreement between the parties.
(b) The party making the referral to this Agreement and arbitration shall contain include in the name referral no less than two (2) names of persons any one (1) of whom it proposes should be appointed as a single arbitrator for the first party's nominee to the Board of Arbitrationgrievance. The recipient other party shall respond within ten (10) calendar days to accept or to offer the names of other persons any one (1) of whom it proposes should be appointed to hear the notice shall, matter. In the absence of agreement between the parties within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of themresponding party’s proposal, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request an appointment of an arbitrator by the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concernedLabour.
(c) Each The sole arbitrator will set the date for the hearing, within reasonable time delays, to permit both parties to present their case and will render a decision as soon as possible after the completion of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairmanhearing all evidence.
(d) The Board decision of Arbitration the sole arbitrator shall have authority only be binding and final upon both parties. The sole arbitrator shall be restricted in the award to settle disputes under the terms provisions of this Agreement collective agreement and only to interpret and apply this Agreement to shall not in the facts award add to, delete from or otherwise alter or amend any provisions of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrableagreement.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision parties will equally bear the fees and expenses of the majority of sole arbitrator. Any witnesses called by the members of the Board of Arbitration shall parties will be the decision of the Board, but if there is no majority the decision of the Chairman shall governat their individual expense.
(f) All agreements reached under Any extension of the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will time limits may be final and binding upon the Employermade by either party, the Union and the employee(s) involvedby mutual consent, in writing; otherwise all time limits are mandatory.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (Employee or employees) the Employees concerned as a witness, witnesses and all reasonable arrangements arrangement will be made to permit the conferring parties or the Board of Arbitration an Arbitrator to have access to any part of the Nursing Home Employer’s property to view any working conditions condition which may be relevant to the settlement resolution of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing HomeEmployer or its residents.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Boardarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) calendar days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten fourteen (1014) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chairman within ten fourteen (1014) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten fourteen (1014) calendar days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten fourteen (1014) calendar days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question as to whether a matter is arbitrable arbitrable, shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any rendering its decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Long Term Care Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Long Term Care Home.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Process. (a) 10.01 When either party requests that a grievance be submitted to an Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. The Parties may mutually agree to use a single arbitrator in lieu of a Board.
10.02 If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) 10.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chairman.
(d) 10.04 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration Single Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) 10.05 All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives Representatives and the Union and its representatives Representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) 10.06 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) 10.07 At any stage of the grievance procedureGrievance Procedure, including Arbitrationor the Arbitration Procedure, the parties may have the assistance of the employee (or employees) concerned as a witness, all . All reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a 9.01 Failing settlement under the foregoing procedure of any grievance be submitted arising from the interpretation, application, or administration, or alleged violation of this agreement, or any question as to whether an Arbitration Boardissue is arbitrable, the request shall grievance may be referred to arbitration by either the Employer or the Union, provided it is done within twenty (20) working days of the decision in writing addressed 8.04 (c) or 8.07.
9.02 Notice of intention to the other party proceed to this Agreement arbitration will be sent by Registered Mail or by electronic transmission and shall contain the name of the first party's nominee appointee to the Board of Arbitration. .
9.03 The recipient of the notice shall, shall within ten (10) working days thereafter designate its nominee appointee to the Board of Arbitration. by Registered Mail or by electronic transmission to the initiating party.
9.04 The two (2) so nominated appointed shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees second party fails to appoint its member within ten (10) working days as provided above, or if the two appointees are unable to agree upon a the third person as Chairman Chair within ten (10) working days after the appointment of the second one of themsecond, then either party may request the Ministry Minister of Labour for the Province of on Ontario to appoint the third other's member as Chairman or the Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlementBoard.
(b) 9.05 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) 9.06 The Board of Arbitration shall not have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify modify, or amend this Agreement agreement in order to give any decision inconsistent with it. decision.
9.07 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority majority, the decision of the Chairman Chair shall govern.
(f) All agreements reached under 9.08 In the event that the party submitting a grievance and Arbitration procedures between to arbitration is content that the Employer and its representatives and the Union and its representatives will issue could be final and binding upon the Employerdealt with by a sole arbitrator as opposed to a tripartite board as defined above, the Union party shall so signify when advising the other party of its intention to proceed to arbitration, and the employee(s) involvedshall name three alternative choices for a sole arbitrator, in addition to its appointee to a tripartite board.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 2 contracts
Samples: Collective Agreement, Collective Bargaining Agreement
Arbitration Process. (14.01 Where a grievance is to be referred to arbitration, the following procedure shall apply:
a) When either The party requests that a referring the grievance be submitted to an Arbitration Board, the request shall be in writing addressed give notice to the other party to this Agreement and shall contain the name within thirty (30) working days following receipt of the first party's nominee grievance at Step 2, indicating that it intends to refer the Board matter to arbitration giving the names and addresses of Arbitration. The recipient of the notice shall, within acceptable arbitrators.
b) If after ten (10) working days thereafter designate its nominee the two parties fail to the Board of Arbitration. The two (2) so nominated shall endeavouragree upon an arbitrator, within ten (10) days after the appointment of an arbitrator may be made by the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry Minister of Labour for the Province upon request of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlementeither party.
(b) No person may 14.02 The arbitrator is to be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle governed by the particular grievance concerned.following provisions:
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(da) The Board of Arbitration arbitrator shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under hear the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be shall issue a decision which is final and binding upon the Employerparties and any employee affected by it.
b) Each party shall pay one-half (1/2) of the remuneration and expenses of the arbitrator.
c) The arbitrator shall determine his own procedure, but shall give full opportunity to all parties to present evidence and make representations.
d) The arbitrator shall not have the Union power to alter or amend any provisions of this agreement.
e) The parties and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, arbitrator shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Company's premises to view any working conditions conditions, machinery, or operations which may be relevant to the settlement resolution of a grievance.
f) The arbitrator shall have jurisdiction to determine whether a grievance is arbitrable.
g) The arbitrator is entitled to make a decision which he deems just and reasonable provided that it is not inconsistent with the provisions of this agreement.
14.03 Employees whose attendance is required at arbitration hearings shall receive permission to be absent from work. Time spent at arbitration hearings by employees called at the Company's request shall be considered time worked.
14.04 The time delays for the grievance and arbitration procedure may be waived by mutual agreement of the grievance, at a reasonable time parties and so as such agreement shall not to interfere with the function of the Nursing Homebe unreasonably refused.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Process. (a) 12.01 When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the a third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to a mutual settlement.
(b) 12.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) 12.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses expense of its own nominee Nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) 12.04 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrablearbitrated.
(e) 12.05 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) 12.06 All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) 12.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party.
(h) 12.08 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or of the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time time, and so as not to interfere with the function of the Nursing Home.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Boardarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee Nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (101 0) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (101 0) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (101 0) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (101 0) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs costs. of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.or
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process.
(a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted sub-mitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman chairperson of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman chairperson within ten (10) calendar days after the appointment of the second one of them, then either party may request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chairman chairperson of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) calendar days from the date of the appointment of the second of them, them or prior to the appointment of the Chairman chairperson within the said period of ten (10) calendar days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chairmanchairperson.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement agreement and only to interpret and apply this Agreement agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman chairperson shall govern.
(f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Bayview Retirement Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeBayview Retirement Residence.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act.
10.12 In the event that either party requests that a grievance be submitted proceeds to arbitration, it shall notify the other party in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the Step No. 3 response is given, the request grievance shall be in writing addressed deemed to the other party to this Agreement and shall contain the name have been abandoned unless such timeframe is extended by mutual written agreement of the first party's nominee to the Board of Arbitrationparties. The recipient of the notice shall, within Within ten (10) calendar days thereafter designate of receipt of such notice, the party shall notify the other of the name of its nominee to the Board of Arbitrationnominee. The two nominees shall than select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable.
10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: Xxxxxx Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxxx Xxxxx Xxxxxxx During the term of this agreement, the parties may add to this list by mutual written agreement.
10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson.
10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure.
10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, not to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement.
10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned.
10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties.
10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that A. In the event a grievance be submitted to an Arbitration Boardprocessed through the grievance procedure set forth above has not been satisfactorily resolved, the request PBA (or Employee, only in disciplinary matters concerning suspension, demotion, or termination) shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shallfile, within ten fifteen (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (1015) days after the appointment receipt of the second City Manager’s or his/her designee’s written decision on the grievance, a demand for arbitration upon the City Manager and a request to the Federal Mediation and Conciliation Service to furnish a panel of themseven (7) names from which each party shall have the option of striking three (3) names, to agree upon thus leaving the seventh (7th), which will give a third person to act as Chairman neutral or impartial arbitrator. The PBA (or Employee, only in disciplinary matters) shall strike first. This procedure shall be tolled during the pendency of the Board of Arbitrationmediation process, if any, contained in Section 19.10. If Written reprimands are not appealable through the nominees are unable arbitration process. Employees receiving written reprimands shall have the right to agree upon a third person place an explanatory statement as Chairman an attachment to written reprimand in their personnel file within ten fifteen (1015) days after the appointment of the second one receipt of themsuch reprimand, then either party may request unless an extension is requested and granted, which extension shall not be unreasonably withheld.
B. The City and the Ministry of Labour for PBA (or Employee, only in disciplinary matters) shall mutually agree in writing as to the Province of Ontario to appoint the third member as Chairman statement of the Board of Arbitration. The said two (2) nominees first appointed shall grievance to be at liberty arbitrated prior to the expiration of ten (10) days from arbitration hearing, and the date of the appointment of the second of themarbitrator, or prior therefore, shall confine his/her decision to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each thus specified. In the event the parties fail to agree on the statement of the parties shall pay its own expenses including pay for witnesses grievance to be submitted to the arbitrator, the arbitrator will confine his/her consideration and determination to the expenses of its own nominee and one-half (½) written statement of the expenses and fees grievance presented in Step 3 of the Chairman.
(d) grievance procedure. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration arbitrator shall have no power authority to alterchange, amend, add to, subtract from, modify from or amend otherwise alter or supplement this Agreement or any part thereof or amendment thereto.
C. The parties shall make their choice of the arbitrator as soon as practicable. Copies of the arbitrator’s award made in order accordance with the jurisdiction and authority under this Agreement shall be furnished to give any decision inconsistent with itboth parties within thirty (30) days of the closing of the arbitration hearing. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there Arbitrator’s award is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be both final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedureon all parties, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant individual employees affected subject only to the settlement provisions of the grievanceChapter 682, at a reasonable time and so as not to interfere with the function of the Nursing HomeFlorida State StatutesFla.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concernedconcerned unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Long Term Care Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeLong Term Care Residence .
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process.
(a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(fe) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(gf) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or any Statute, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(hg) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will . Arrangements shall be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeResidence.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter thereafter, designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is us arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that If a grievance be submitted to an Arbitration BoardClaim Notice, Indemnity Notice or Purchaser's Notice is given in accordance with the request shall be in writing addressed to the other party to provisions of this Agreement and the party receiving the notice disputes the coverage of the claim under the provisions of Article IX ("Coverage of the Claim") or the amount of the claim (the "Amount of the Claim"), then at any time on or before the date occurring thirty (30) days after such claim is disputed, either party may initiate the arbitration of the Coverage of the Claim or Amount of the Claim by giving notice to that effect which notice shall contain specify the name and address of the first person designated to act as an arbitrator on its behalf. Within fifteen (15) days after the notified party receives such notice from the notifying party's nominee , the notified party shall give notice to the Board notifying party specifying the name and address of Arbitrationthe person designated to act as an arbitrator on its behalf. The recipient of two arbitrators so chosen shall meet within ten (10) days after the notice shallsecond arbitrator is appointed, and if, within ten (10) days thereafter designate its nominee after the second arbitrator is appointed, the two arbitrators do not agree upon the Coverage of the Claim or the Amount of the Claim, they shall together appoint a third arbitrator. If, within fifteen (15) days after the appointment of the second arbitrator, the two arbitrators are unable to agree upon the third arbitrator or they otherwise fail to make such appointment, the third arbitrator shall be selected by the parties themselves if they can agree thereon within a further period of five (5) days. If the parties do not so agree, then either party upon notice to the Board other made within thirty (30) days after the appointment of Arbitrationthe second arbitrator, may request such appointment by the American Arbitration Association (or any organization successor thereto) in accordance with its rules then prevailing or if the American Arbitration Association (or such successor organization) shall fail to appoint said third arbitrator within fifteen (15) days after such request is made, then either party may apply within five (5) days after such fifteen (15) day period, upon notice to the other, to the Senior Judge of the Federal District Court of the Northern District of Texas (or any other court having jurisdiction and exercising functions similar to those now exercised by said Court) for the appointment of such third arbitrator.
(a) Each party shall pay the fees and expenses of the original arbitrator appointed by or for such party, and all other expenses of the arbitration (not including the attorneys' fees and similar expenses of the parties which shall be borne separately by each of the parties) shall be borne by the parties equally.
(b) If a third arbitrator is chosen as provided above, and the Amount of the Claim is in issue, then such third arbitrator shall select either the Amount of the Claim determined by the arbitrator appointed by or for SWLIC or the Amount of the Claim determined by the arbitrator selected by Purchaser, whichever is closer to the Amount of the Claim determined by the third arbitrator; the third arbitrator may not select any other amount, and may not "split the difference" between the determinations of the arbitrators selected or appointed by or for the parties. The two third arbitrator shall so determine the amount of the claim and render a written certified report of his determination to both SWLIC and Purchaser within ten (210) so nominated days after appointment of the third arbitrator.
(c) If a third arbitrator is chosen as provided above, and the Coverage of the Claim is in issue, a majority of the three arbitrators shall endeavour, determine the Coverage of the Claim and such majority shall render a written certified report of their determination to both SWLIC and Purchaser within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairmanarbitrator.
(d) The Board Each of Arbitration the arbitrators selected as herein provided shall have authority only at least ten (10) years experience in the multifamily real estate business in the location of the Property as to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement which a claim has been made (or ten (10) year retail experience with respect to the facts Property commonly described as Northgate). In addition, each of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable arbitrators shall be arbitrablean independent party not affiliated in any way with SWLIC, Seller-Related Persons or Purchaser-Related Persons.
(e) The Board of Arbitration decision or judgment issued by the arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement be in order to give any writing and final and conclusive upon the parties. Judgment may be had on the decision inconsistent with it. The decision and award of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance arbitrator and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeentered in any court having jurisdiction thereof.
Appears in 1 contract
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Boardarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may any be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement Agreement, and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten fourteen (1014) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten fourteen (1014) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
d) The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this Agreement.
e) The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the Employee(s) involved.
g) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the Employee (dor Employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Branch to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the Branch.
h) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question questions as to whether a matter is arbitrable arbitrable, shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (101 O) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.nominated
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
(i) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman Chairperson of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chairperson within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chairperson of the Board of Arbitration. .
(ii) The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chairperson within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChairperson.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chairperson shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation interpretation, or application, administration administration, or alleged violation of this Agreement Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process.
(a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority majority, the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. If the parties agree to formal binding Arbitration the following procedures shall apply.
(a) When either party requests that a grievance be submitted to an The Arbitration Board, the request shall be in writing addressed to held before a panel of three (3) arbitrators (the "ARBITRATION"). Any party may serve a notice on the other party to this Agreement setting out a statement of dispute, controversy or claim and shall contain the facts relating or giving rise thereto, in reasonable detail (the "STATEMENT OF DISPUTE"), and the name of the first party's nominee arbitrator selected by it.
(b) Within thirty (30) days after receipt of such notice, the receiving party shall respond to the Board notice by agreeing or commenting on the Statement of Arbitration. The recipient of Dispute, as the notice shallcase may be, within ten and by naming its arbitrator.
(10c) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated arbitrators named by the parties shall endeavour, select the third arbitrator within ten (10) days after agreeing on or commenting on the appointment Statement of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanDispute.
(d) The Board third arbitrator will chair the Arbitration panel (the "Chair"). The Chair may, upon agreement of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts each of the grievance(s) involved. Only grievances arising from members of the interpretationArbitration panel, applicationact as sole arbitrator in respect of procedural matters including scheduling, administration or alleged violation production of this Agreement including a question as to whether a matter is arbitrable shall be arbitrabledocuments and giving directions.
(e) The Board of Arbitration shall have no power to alterSave as otherwise provided by this Section 22.5, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be governed by the decision provisions of the BoardArbitration Act, but if there is no majority S.O. 1991, C.17 (the decision "ARBITRATION ACT"); provided, however, that the Arbitration may be administered by any organization agreed upon by the parties and that the parties by agreement, may choose to be governed by the rules of such administering organization. The parties expressly agree that the provisions of the Chairman International Commercial Arbitration Act (Ontario) shall governnot apply to any Arbitration between them. The arbitrators may not amend or disregard any provision of this Section 22.5 without the consent of the parties.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration The arbitrators selected to act hereunder shall be awarded qualified by profession or occupation to or against any partydecide the matter in dispute.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act.
10.12 In the event that either party requests that a grievance be submitted proceeds to arbitration, it shall notify the other party in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the Step No. 3 response is given, the request grievance shall be in writing addressed deemed to have been abandoned unless such timeframe is extended by mutual written agreement of the parties. Within seven (7) calendar days of receipt of such notice, the party shall notify the other party to this Agreement and shall contain of the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitrationnominee. The two nominees shall then select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable.
10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: Xxxxxx Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxx Xxx Xxxxxx During the term of this agreement, the parties may add to this list by mutual written agreement.
10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson.
10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure.
10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, nor to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement.
10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned.
10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties.
10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When If either party requests part advises the other that a grievance be submitted it does not agree to an Arbitration Boardsubmit to Grievance mediation pursuant to article 9.01, the request shall party with the grievance may refer the grievance to arbitration within ten (10) working days from the decision denying the grievance. If arbitration is to be in writing addressed to the other party to this Agreement and shall contain invoked, written notice containing the name of the first party's moving parties' nominee to the Board of ArbitrationArbitration must be served upon the other party. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourEndeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour Labor for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten often (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten often (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChairman or sole Arbitrator.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts fac1s of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that A. In the event a grievance be submitted to an Arbitration Boardprocessed through the grievance procedure set forth above has not been satisfactorily resolved, the request PBA (or Employee, only in disciplinary matters concerning suspension, demotion, or termination) shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shallfile, within ten fifteen (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (1015) days after the appointment receipt of the second City Manager’s or his/her designee’s written decision on the grievance, a demand for arbitration upon the City Manager and a request to the Federal Mediation and Conciliation Service to furnish a panel of themseven (7) names from which each party shall have the option of striking three (3) names, to agree upon thus leaving the seventh (7th), which will give a third person to act as Chairman neutral or impartial arbitrator. The PBA (or Employee, only in disciplinary matters) shall strike first. This procedure shall be tolled during the pendency of the Board of Arbitrationmediation process, if any, contained in Section 19.10. If Written reprimands are not appealable through the nominees are unable arbitration process. Employees receiving written reprimands shall have the right to agree upon a third person place an explanatory statement as Chairman an attachment to written reprimand in their personnel file within ten fifteen (1015) days after the appointment of the second one receipt of themsuch reprimand, then either party may request unless an extension is requested and granted, which extension shall not be unreasonably withheld.
B. The City and the Ministry of Labour for PBA (or Employee, only in disciplinary matters) shall mutually agree in writing as to the Province of Ontario to appoint the third member as Chairman statement of the Board of Arbitration. The said two (2) nominees first appointed shall grievance to be at liberty arbitrated prior to the expiration of ten (10) days from arbitration hearing, and the date of the appointment of the second of themarbitrator, or prior therefore, shall confine his/her decision to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each thus specified. In the event the parties fail to agree on the statement of the parties shall pay its own expenses including pay for witnesses grievance to be submitted to the arbitrator, the arbitrator will confine his/her consideration and determination to the expenses of its own nominee and one-half (½) written statement of the expenses and fees grievance presented in Step 3 of the Chairman.
(d) grievance procedure. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration arbitrator shall have no power authority to alterchange, amend, add to, subtract from, modify from or amend otherwise alter or supplement this Agreement or any part thereof or amendment thereto.
C. The parties shall make their choice of the arbitrator as soon as practicable. Copies of the arbitrator’s award made in order accordance with the jurisdiction and authority under this Agreement shall be furnished to give any decision inconsistent with itboth parties within thirty (30) days of the closing of the arbitration hearing. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there Arbitrator’s award is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be both final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedureon all parties, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant individual employees affected subject only to the settlement provisions of the grievanceChapter 682, at a reasonable time and so as not to interfere with the function of the Nursing Home.Fla.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Long Term Care Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeLong Term Care Residence.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient Recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person to act as Chairman Chair within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) days, to discuss the grievance submitted to them with a view to a mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Boardboard, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer Employee and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process.
(a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home, or the residents’ right to privacy.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. Any claim, dispute or controversy not resolved under Section 13.01 (other than with respect to Major Decisions) shall be resolved by binding arbitration conducted in the State of New York in accordance with all applicable statutory and decisional law of such state and, to the extent not inconsistent with the provisions of this Article XIII, the Arbitration Rules for the Real Estate Industry of the American Arbitration Association or its successor (the “Arbitration Rules”). Except as otherwise required by applicable law, any arbitration called for by this Article XIII shall be conducted in accordance with the following procedures:
(a) When either party requests that a grievance A Member (which may be submitted the BRT Member in its capacity as Managing Member) (the “Requesting Party”) shall demand arbitration pursuant to an Arbitration Board, this Article XIII by giving written notice of such demand (the request shall be in writing addressed “Demand Notice”) to the other party to this Agreement and Member, which Demand Notice shall contain describe in reasonable detail the name nature of the first party's nominee to the Board of Arbitration. The recipient of the notice shallclaim, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of themdispute, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlementcontroversy.
(b) No person Within five (5) Business Days after the giving of a Demand Notice, the Requesting Party, on the one hand, and other Member (which may be appointed the BRT Member in its capacity as Managing Member) against whom the claim has been made or with respect to which a dispute has arisen (the “Responding Party”), on the other hand, shall each select and designate in writing to the other party one real estate professional or attorney who has dispute resolution experience (a “Qualified Individual”) willing to act as an arbitrator of the claim, dispute, or controversy in question. Within seven (7) Business Days after the foregoing selections have been made, the arbitrators so selected shall jointly select a third individual having no affiliation with any of the parties as the third Qualified Individual willing to act as an arbitrator of the claim, dispute or controversy in question (the “Third Arbitrator”). In the event that the two arbitrators initially selected are unable to agree on the Third Arbitrator who has been involved within the second five (5) Business Day period referred to above, then, on the application of either party, the AAA shall promptly select and appoint an individual having no affiliation with any of the parties as the Qualified Individual to act as the Third Arbitrator in an attempt accordance with the terms of the Arbitration Rules. The three arbitrators selected pursuant to negotiate or settle this clause (b) shall constitute the particular grievance concernedarbitration panel for the arbitration in question.
(c) Each The presentations of the parties shall pay its own expenses including pay for witnesses Members in the arbitration proceeding shall, to the extent reasonably feasible, be commenced and completed within forty-five (45) days after the selection of the arbitration panel pursuant to clause (b) above, and the expenses arbitration panel shall render its decision in writing within thirty (30) days after the completion of its own nominee and one-half such presentations. Any decision concurred in by any two (½2) of the expenses and fees arbitrators shall constitute the decision of the Chairmanarbitration panel, and unanimity shall not be required.
(d) The Board of Arbitration arbitration panel shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts award in favor of the grievance(s) involved. Only grievances arising from prevailing party an amount equal to his, her or its reasonable legal fees and other costs and expenses incurred in the interpretation, application, administration proceeding or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrableaction.
(e) The Board of Arbitration Third Arbitrator shall have no power the right, in his or her discretion, to alterauthorize the obtaining of discovery (including, add but not limited to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision the taking of depositions of witnesses for the majority purpose of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall governdiscovery).
(f) All agreements reached under At the grievance request of either Member, the arbitrators shall make and Arbitration procedures between provide to the Employer and its representatives and parties a written reasoned decision. Any decision rendered by the Union and its representatives will arbitration panel pursuant to this Article XIII shall be final and binding upon on the Employerparties thereto, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation judgment thereon may be entered by any state or application, administration or alleged violation federal court of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievancecompetent jurisdiction. No costs of any Arbitration shall be awarded the exclusive method available for resolution of any claim, dispute or controversy (other than Major Decisions), and the Company and the Members stipulate that the provisions hereof shall be a complete defense to any suit, action, or against proceeding in any party.
(h) At court, or before any stage administrative or arbitration tribunal, with respect to any such matter. Nothing contained herein shall be deemed to give the arbitrators any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the grievance procedure, including Arbitration, provisions of this Agreement. The provisions of this Article XIII shall survive the parties may have the assistance dissolution of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeCompany.
Appears in 1 contract
Samples: Limited Liability Company Agreement (BRT Realty Trust)
Arbitration Process. (a) 9.01 When either party requests that a grievance be submitted that has been properly processed through the grievance procedure in Article 8 proceed to an Arbitration Boardarbitration, the request it shall be in writing addressed to notify the other party in writing of its desire to this Agreement submit the grievance to arbitration and inform the other party in writing of three (3) proposed Arbitrators. This notice shall contain the name a copy of the first party's original grievance. The recipient of such notice shall respond within ten (10) calendar days of the receipt of the letter of their acceptance or rejection of the proposed Arbitrators, along with its list of proposed Arbitrators, until an Arbitrator can be mutually agreed upon. Failing such agreement, either party shall be entitled to ask the Ministry of Labour for the Province of Ontario to appoint an arbitrator.
9.02 As an alternative to the appointment of a single arbitrator as per Article 9.01, the parties may agree to the appointment of a tripartite Board of Arbitration. The Union shall, in writing, notify the Employer of the Union’s nominee to the Board of Arbitration. The recipient of the notice Employer shall, within ten fourteen (1014) calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten fourteen (1014) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman the Chair within ten fourteen (1014) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. .
9.03 The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of themArbitrator, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration Arbitration, shall have authority only to settle disputes under the terms of this Agreement or Legislation and only to interpret and apply this Agreement or Legislation to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement or Legislation, including a question as to whether a matter is arbitrable arbitrable, shall be arbitrable.
(e) 9.04 The decision of the arbitrator or majority of the Arbitration Board, as the case may be, shall be final and binding and enforceable on all parties, but in no event shall the arbitrator or Arbitration Board of Arbitration shall have no the power to change the Agreement, or to alter, modify, add to, subtract from, modify or amend any of its provisions. However, the Arbitrator or Arbitration Board shall have the power to dispose of any discharge or discipline grievance by any arrangement which in its opinion it deems just and equitable unless otherwise addressed in this Agreement in order to give any decision inconsistent with itAgreement. The decision of the Where there is no majority of the members of the Board of Arbitration shall be Board, the decision of the Board, but if there is no majority the decision of the Chairman Chairperson shall govern.
(f) 9.05 Each of the parties to this Agreement will pay the fees and disbursements of its own representatives at Arbitration, including their own nominee if applicable, and will share equally the fees and disbursements of the Arbitrator or chairperson.
9.06 All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) 9.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or Legislation which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At 9.08 No person shall act as an arbitrator or sit on an Arbitration Board who has been involved in attempts to settle any stage grievance except by mutual agreement of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeparties.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that In the event a grievance be submitted is forwarded to an Arbitration Boardarbitration in accordance with the terms of this Agreement, the request referring party shall be in writing addressed to forward the other party to this Agreement and shall contain the name matter within (14) calendar days of the first party's nominee to the Board of Arbitration. The recipient receipt of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment response under Step 2 of the second of themgrievance procedure, to agree upon a third person to act as Chairman or of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment failure of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario parties to appoint the third member settle a grievance in meditation as Chairman of the Board of Arbitration. The said two set out in Article 8.06 (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.h)
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement or Legislation and only to interpret and apply this Agreement or Legislation to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement or Legislation., including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or Legislation which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to . have access to any part of the Nursing Home Employer's operation to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeworkplace.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either 26.2.1 The party requests that a grievance be submitted to an Arbitration Board, the request shall be in writing addressed to requesting arbitration must so notify the other party to this Agreement and in writing within sixty (60) calendar days following receipt of the decision rendered at the last step of the grievance procedure or the due date of such decision if not received.
26.2.2 The party requesting arbitration shall contain submit with its request the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitrationthree arbitrators. If the other party does not agree to at least one of the nominees are unable so proposed, it shall in turn submit, within fourteen (14) calendar days, a further list of three arbitrators. The party requesting arbitration then has fourteen (14) calendar days to either agree upon a third person as Chairman within ten to one of the nominees proposed or to request the Minister of Human Resources Development to appoint an arbitrator.
26.2.3 A Joint Statement of Issue outlining the dispute including any reference to the specific provision or provisions of the Collective Agreement where it is alleged that the agreement has been violated, shall be jointly submitted to the Arbitrator at least thirty (1030) days after the appointment in advance of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment hearing. In the event the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator at least twenty (20) days in advance of the second date of themthe hearing and at the same time provide a copy of such statement to the other party.
26.2.4 At the hearing before the Arbitrator, argument may be given orally and/or in writing, and each party may call such witnesses as it deems necessary. All employee witnesses called by the Arbitrator, or prior the Union will be granted time off with pay subject to the appointment requirements of the Chairman within service and will be provided with confirmed economy passes with an aisle or window preference for transportation to and from the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlementhearing.
(b) No person may be appointed as an 26.2.5 The Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, not add to, subtract from, modify modify, rescind or amend disregard any provision of this Agreement Collective Agreement.
26.2.6 The Arbitrator's decision shall be rendered, in order writing, together with their written reasons therefore, to give any decision inconsistent with it. The decision the parties concerned within thirty (30) calendar days following the conclusion of the majority hearing unless this time is extended with the concurrence of the members parties to the dispute.
26.2.7 Each party shall respectively bear any expenses each has incurred in the presentation of the Board case to the Arbitrator, but any general or common expenses, including remuneration and expenses of Arbitration the Arbitrator, shall be the decision of the Board, but if there is no majority the decision of the Chairman shall governdivided equally.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration Boardarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter thereafter, designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman Chairperson of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chairman Chairperson within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chairperson of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty liberty, prior to the expiration of ten (10) days from the date of the appointment of the second of them, them or prior to the appointment of the Chairman Chairperson within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee Nominee and one-half (½1/2) of the expenses and fees of the ChairmanChairperson.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(fe) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(g) . Any grievance settlement involving the interpretation or interpretation, application, administration or alleged violation of this Agreement or any statute, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(hf) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will . Arrangements shall be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeResidence.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.the
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½�) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that A. In the event a grievance be submitted to an Arbitration Boardprocessed through the grievance procedure set forth above has not been satisfactorily resolved, the request PBA (or Employee, only in disciplinary matters concerning suspension, demotion, or termination) shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shallfile, within ten fifteen (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (1015) days after the appointment receipt of the second City Manager’s or his/her designee’s written decision on the grievance, a demand for arbitration upon the City Manager and a request to the Federal Mediation and Conciliation Service to furnish a panel of themseven (7) names from which each party shall have the option of striking three (3) names, to agree upon thus leaving the seventh (7th), which will give a third person to act as Chairman neutral or impartial arbitrator. The PBA (or Employee, only in disciplinary matters) shall strike first. This procedure shall be tolled during the pendency of the Board of Arbitrationmediation process, if any, contained in Section 10.10. If Verbal or written reprimands are not appealable through the nominees are unable arbitration process. Employees receiving verbal or written reprimands shall have the right to agree upon a third person place an explanatory statement as Chairman an attachment to the verbal or written reprimand in their personnel file within ten fifteen (1015) days after the appointment of the second one receipt of themsuch reprimand, then either party may request unless an extension is requested and granted, which extension shall not be unreasonably withheld.
B. The City and the Ministry of Labour for PBA (or Employee, only in disciplinary matters) shall mutually agree in writing as to the Province of Ontario to appoint the third member as Chairman statement of the Board of Arbitration. The said two (2) nominees first appointed shall grievance to be at liberty arbitrated prior to the expiration of ten (10) days from arbitration hearing, and the date of the appointment of the second of themarbitrator, or prior therefore, shall confine his/her decision to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each thus specified. In the event the parties fail to agree on the statement of the parties shall pay its own expenses including pay for witnesses grievance to be submitted to the arbitrator, the arbitrator will confine his/her consideration and determination to the expenses of its own nominee and one-half (½) written statement of the expenses and fees grievance presented in Step 3 of the Chairman.
(d) grievance procedure. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration arbitrator shall have no power authority to alterchange, amend, add to, subtract from, modify from or amend otherwise alter or supplement this Agreement or any part thereof or amendment thereto.
C. The parties shall make their choice of the arbitrator as soon as practicable. Copies of the arbitrator’s award made in order accordance with the jurisdiction and authority under this Agreement shall be furnished to give any decision inconsistent with itboth parties within thirty (30) days of the closing of the arbitration hearing. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there Arbitrator’s award is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be both final and binding upon on all parties, including individual employees affected subject only to the Employerprovisions of Chapter 682, the Union and the employee(s) involvedFlorida State Statutes.
(g) Any grievance involving D. Each party shall bear the interpretation or applicationexpense of its own witnesses and its own representatives. The arbitrator’s bill shall be equally shared by the parties. Expense of obtaining a hearing room, administration or alleged violation of this Agreement which has been disposed of hereunderif any, shall not be made equally divided between the subject parties. Any party desiring a transcript shall bear the cost of another grievance. No costs of any Arbitration shall be awarded such transcript unless both parties mutually agree to or against any partyshare said cost.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Process. (a) When either party requests that A. In the event a grievance be submitted to an Arbitration Boardprocessed through the grievance procedure set forth above has not been satisfactorily resolved, the request PBA (or Employee, only in disciplinary matters concerning suspension, demotion, or termination) shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shallfile, within ten fifteen (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (1015) days after the appointment receipt of the second City Manager’s or his/her designee’s written decision on the grievance, a demand for arbitration upon the City Manager and a request to the Federal Mediation and Conciliation Service to furnish a panel of themseven (7) names from which each party shall have the option of striking three (3) names, to agree upon thus leaving the seventh (7th), which will give a third person to act as Chairman neutral or impartial arbitrator. The PBA (or Employee, only in disciplinary matters) shall strike first. This procedure shall be tolled during the pendency of the Board of Arbitrationmediation process, if any, contained in Section 19.10. If Written reprimands are not appealable through the nominees are unable arbitration process. Employees receiving written reprimands shall have the right to agree upon a third person place an explanatory statement as Chairman an attachment to written reprimand in their personnel file within ten fifteen (1015) days after the appointment of the second one receipt of themsuch reprimand, then either party may request unless an extension is requested and granted, which extension shall not be unreasonably withheld.
B. The City and the Ministry of Labour for PBA (or Employee, only in disciplinary matters) shall mutually agree in writing as to the Province of Ontario to appoint the third member as Chairman statement of the Board of Arbitration. The said two (2) nominees first appointed shall grievance to be at liberty arbitrated prior to the expiration of ten (10) days from arbitration hearing, and the date of the appointment of the second of themarbitrator, or prior therefore, shall confine his/her decision to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each thus specified. In the event the parties fail to agree on the statement of the parties shall pay its own expenses including pay for witnesses grievance to be submitted to the arbitrator, the arbitrator will confine his/her consideration and determination to the expenses of its own nominee and one-half (½) written statement of the expenses and fees grievance presented in Step 3 of the Chairman.
(d) grievance procedure. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration arbitrator shall have no power authority to alterchange, amend, add to, subtract from, modify from or amend otherwise alter or supplement this Agreement or any part thereof or amendment thereto.
C. The parties shall make their choice of the arbitrator as soon as practicable. Copies of the arbitrator’s award made in order accordance with the jurisdiction and authority under this Agreement shall be furnished to give any decision inconsistent with itboth parties within thirty (30) days of the closing of the arbitration hearing. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there Arbitrator’s award is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be both final and binding upon on all parties, including individual employees affected subject only to the Employerprovisions of Chapter 682, the Union and the employee(s) involvedFlorida State Statutes.
(g) Any grievance involving D. Each party shall bear the interpretation or applicationexpense of its own witnesses and its own representatives. The arbitrator’s xxxx shall be equally shared by the parties. Expense of obtaining a hearing room, administration or alleged violation of this Agreement which has been disposed of hereunderif any, shall not be made equally divided between the subject parties. Any party desiring a transcript shall bear the cost of another grievance. No costs of any Arbitration shall be awarded such transcript unless both parties mutually agree to or against any partyshare said cost.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Process. (a) When either party requests that A. In the event a grievance be submitted to an Arbitration Boardprocessed through the grievance procedure set forth above has not been satisfactorily resolved, the request PBA (or Employee, only in disciplinary matters concerning suspension, demotion, or termination) shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shallfile, within ten fifteen (10) days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (1015) days after the appointment receipt of the second City Manager’s or his/her designee’s written decision on the grievance, a demand for arbitration upon the City Manager and a request to the Federal Mediation and Conciliation Service to furnish a panel of themseven (7) names from which each party shall have the option of striking three (3) names, to agree upon thus leaving the seventh (7th), which will give a third person to act as Chairman neutral or impartial arbitrator. The PBA (or Employee, only in disciplinary matters) shall strike first. This procedure shall be tolled during the pendency of the Board of Arbitrationmediation process, if any, contained in Section 10.10. If Verbal or written reprimands are not appealable through the nominees are unable arbitration process. Employees receiving verbal or written reprimands shall have the right to agree upon a third person place an explanatory statement as Chairman an attachment to the verbal or written reprimand in their personnel file within ten fifteen (1015) days after the appointment of the second one receipt of themsuch reprimand, then either party may request unless an extension is requested and granted, which extension shall not be unreasonably withheld.
B. The City and the Ministry of Labour for PBA (or Employee, only in disciplinary matters) shall mutually agree in writing as to the Province of Ontario to appoint the third member as Chairman statement of the Board of Arbitration. The said two (2) nominees first appointed shall grievance to be at liberty arbitrated prior to the expiration of ten (10) days from arbitration hearing, and the date of the appointment of the second of themarbitrator, or prior therefore, shall confine his/her decision to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each thus specified. In the event the parties fail to agree on the statement of the parties shall pay its own expenses including pay for witnesses grievance to be submitted to the arbitrator, the arbitrator will confine his/her consideration and determination to the expenses of its own nominee and one-half (½) written statement of the expenses and fees grievance presented in Step 3 of the Chairman.
(d) grievance procedure. The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration arbitrator shall have no power authority to alterchange, amend, add to, subtract from, modify from or amend otherwise alter or supplement this Agreement or any part thereof or amendment thereto.
C. The parties shall make their choice of the arbitrator as soon as practicable. Copies of the arbitrator’s award made in order accordance with the jurisdiction and authority under this Agreement shall be furnished to give any decision inconsistent with itboth parties within thirty (30) days of the closing of the arbitration hearing. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there Arbitrator’s award is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be both final and binding upon on all parties, including individual employees affected subject only to the Employerprovisions of Chapter 682, the Union and the employee(s) involvedFlorida State Statutes.
(g) Any grievance involving D. Each party shall bear the interpretation or applicationexpense of its own witnesses and its own representatives. The arbitrator’s xxxx shall be equally shared by the parties. Expense of obtaining a hearing room, administration or alleged violation of this Agreement which has been disposed of hereunderif any, shall not be made equally divided between the subject parties. Any party desiring a transcript shall bear the cost of another grievance. No costs of any Arbitration shall be awarded such transcript unless both parties mutually agree to or against any partyshare said cost.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chairman Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chairman Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairmanChair.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman Chair shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When either party requests that a grievance be submitted to an Arbitration BoardArbitration, the request shall be in writing addressed to the other party to this Agreement Agreement, and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten fourteen (1014) calendar days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten fourteen (1014) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-one- half (½) of the expenses and fees of the Chairman.
d) The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this Agreement.
e) The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the Employee(s) involved.
g) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the Employee (dor Employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Branch to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the Branch.
h) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question questions as to whether a matter is arbitrable arbitrable, shall be arbitrable.
(e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement
Arbitration Process. (a) When Subject to clause 32.9, either party requests that a grievance be submitted Party may submit any Dispute to an Arbitration Board, the request shall be in writing addressed arbitration by Notice to the other party to this Agreement and shall contain Party (Notice for Arbitration), including the name of the first party's nominee proposed arbitrator, in which case the following procedure shall apply:
(a) if the Party receiving a Notice for Arbitration does not wish to accept the Board appointee as sole arbitrator, it shall within 14 Days of Arbitration. The recipient receipt of the notice shall, within ten (10) days thereafter designate its nominee to Notice for Arbitration notify the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment other Party of the name of its appointee as a second arbitrator;
(b) if the Party receiving a Notice for Arbitration does not give Notice of themits appointee within the time referred to in paragraph (a), to agree upon the arbitrator nominated in the Notice of Arbitration will be the sole arbitrator for the arbitration;
(c) if two arbitrators are appointed, the arbitrators shall promptly following appointment jointly appoint a third person to who shall act as Chairman of umpire in the Board of Arbitration. If event that the nominees arbitrators are unable to agree upon a third person as Chairman within ten (10) days after in their award. If the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario arbitrators fail to appoint the third member as Chairman an umpire within 15 Days of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second arbitrator, then upon the request of themeither Party, or prior to the appointment umpire shall be appointed by the President for the time being of the Chairman within Law Society of South Australia or in the said period event of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each that person’s absence by any senior office bearer of the parties shall pay its own expenses including pay for witnesses and the expenses Law Society of its own nominee and one-half (½) of the expenses and fees of the Chairman.South Australia;
(d) The Board once appointed, an arbitrator shall in no way represent any Party. Neither in deciding the identity and appointment of Arbitration an umpire nor in any other way shall have authority only an arbitrator accept instructions or any expression of wishes from any Party, except where the arbitrators and the umpire jointly determine to settle disputes under seek instructions or expressions of wishes, or where the terms Parties join in instructions or an expression of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.wishes;
(e) The Board of Arbitration unless otherwise agreed between the Parties, the arbitration shall have no power take place in Adelaide pursuant to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision the provisions of the majority Commercial Arbitration Act 2011 (SA) and the laws governing the determination of the members of the Board of Arbitration Dispute shall be the decision laws of the Board, but if there is no majority the decision of the Chairman shall govern.South Australia;
(f) All agreements reached under the grievance and arbitration rules of the Australian Centre for International Commercial Arbitration procedures (Rules), as in force from time to time, shall apply to the arbitration. In the case of any inconsistency between the Employer and its representatives this Agreement and the Union and its representatives Rules, this Agreement will be final and binding upon the Employer, the Union and the employee(s) involved.prevail;
(g) Any grievance involving if an arbitrator requires any Party to make discovery of documents in respect of the interpretation arbitration, the Parties agree to limit the scope of discovery such that a Party is only required to give discovery of documents:
(i) that are directly relevant to the issues raised in the arbitration;
(ii) of which, after a reasonable search, the Party is aware; and
(iii) that are, or applicationhave been, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made in the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.Party’s control;
(h) At any stage the arbitrator or arbitrators will provide a determination in writing with supporting reasons. If there are two arbitrators and they fail to agree on a joint determination, they shall issue a statement to that effect and their separate determinations and reasons, which will be referred to the umpire for the umpire’s consideration and determination (which will not involve a new consideration of the grievance procedure, including Arbitration, the parties may have the assistance facts and circumstances of the employee Dispute) and the umpire shall make a determination in writing with supporting reasons which shall be deemed to be the final award in the arbitration; and
(i) the Parties agree that the arbitration (including all materials created or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere received in connection with the function of arbitration) is to be kept confidential, save as for provided in the Nursing HomeCommercial Arbitration Act 2011 (SA).
Appears in 1 contract
Samples: Gas Transportation Agreement
Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act.
10.12 In the event that either party requests that a grievance be submitted proceeds to arbitration, it shall notify the other party in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the Step No. 3 response is given, the request grievance shall be in writing addressed deemed to the other party to this Agreement and shall contain the name have been abandoned unless such timeframe is extended by mutual written agreement of the first party's nominee to the Board of Arbitrationparties. The recipient of the notice shall, within Within ten (10) calendar days thereafter designate of receipt of such notice, the party shall notify the other of the name of its nominee to the Board of Arbitrationnominee. The two nominees shall than select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chairman of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chairman.
(d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.
(e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable.
10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: Xxxxxx Xxxxx Xxxxxxx Xxxxxx Xxxx Xxxxxx Xxx Xxxxxx During the term of this agreement, the parties may add to this list by mutual written agreement.
10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson.
10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure.
10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, not to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement.
10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern.
(f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned.
10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties.
10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog.
(g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.
(h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.
Appears in 1 contract
Samples: Collective Agreement