Common use of Arbitration Ruling Clause in Contracts

Arbitration Ruling. a) If the Arbitration Board finds (or if at any earlier stage of the grievance procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all the rights, benefits and privileges which they would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the Board that the employee has been in receipt of wages during that period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, and provided that the Arbitration Board, if circumstances are established before it, which in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have the right to order the Employer to pay less than the full amount of wages lost or to pay no lost wages at all. b) The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement. c) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will equally bear the expenses, if any, of the Chairperson. d) The decision of the Arbitration Board shall be final and binding upon the parties. All disputes arising between the Employer and the Union shall be submitted to this grievance procedure and there shall be no strike, work stoppage, or other interruption of the Employer’s business or no lockout during the term of this Agreement.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Arbitration Ruling. (a) If the Arbitration Board finds (or if at any earlier stage of the grievance procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer Company without loss of pay and with all the rights, benefits and privileges which they would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the Board that the employee has been in receipt of wages during that period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer Company pursuant to this clause, and provided that the Arbitration Board, if circumstances are established before it, which in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have the right to order the Employer Company to pay less than the full amount of wages lost or to pay no lost wages at all. (b) The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement. (c) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will equally bear the expenses, if any, of the ChairpersonChairman. (d) The decision of the Arbitration Board shall be final and binding upon the parties. All disputes arising between the Employer Company and the Union shall be submitted to this grievance procedure and there shall be no strike, work stoppage, or other interruption of the EmployerCompany’s business or no lockout during the term of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Arbitration Ruling. ‌ (a) If the Arbitration Board Arbitrator finds (or if at any earlier stage of the grievance procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer Company without loss of pay and with all the rights, benefits benefits, and privileges which they would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the Board Arbitrator that the employee has been in receipt of wages during that period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer Company pursuant to this clause, and provided that the Arbitration BoardArbitrator, if circumstances are established before itthem, which in the opinion of the Arbitration BoardArbitrator, makes it just and equitable to do so, shall have the right to order the Employer Company to pay less than the full amount of wages lost or to pay no lost wages at all. (b) The Board of Arbitration Arbitrator shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement. (c) Each of the parties hereto will bear the expenses of the arbitrator Arbitrator appointed by it, and the parties will equally bear the expenses, if any, of the Chairperson. (d) The decision of the Arbitration Board Arbitrator shall be final and binding upon the parties. All disputes arising between the Employer Company and the Union shall be submitted to this grievance procedure and there shall be no strike, work stoppage, or other interruption of the EmployerCompany’s business or no lockout during the term of this Agreement.Agreement.‌

Appears in 1 contract

Samples: Collective Agreement

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Arbitration Ruling. a) If the Arbitration Board finds (or if at any earlier stage of the grievance procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all the rights, benefits and privileges which they would have enjoyed if the discharge or suspension had not taken place, provided that it is shown to the Board that the employee has been in receipt of wages during that period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, and provided that the Arbitration Board, if circumstances are established before it, which in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have the right to order the Employer to pay less than the full amount of wages lost or to pay no lost wages at all. b) The Board of Arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement. c) Each of the parties hereto will bear the expenses of the arbitrator appointed by it, and the parties will equally bear the expenses, if any, of the ChairpersonChairman. d) The decision of the Arbitration Board shall be final and binding upon the parties. All disputes arising between the Employer and the Union shall be submitted to this grievance procedure and there shall be no strike, work stoppage, or other interruption of the Employer’s business or no lockout during the term of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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