Common use of Arbitrations Clause in Contracts

Arbitrations. 13.01 When a difference between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, has been registered as an employee grievance or a policy grievance under the foregoing procedure and remains unsolved, it shall be considered as a grievance requiring settlement by arbitration. 13.02 Whenever either party to this Agreement desires to submit any grievances to Arbitration, written notice shall be given to either party within ten (10) days after the last step in the grievance procedure, formally stating the subject of the grievance and at the same time nominating an Arbitrator. Within seven (7) days after the receipt of such notice, the other party shall name an Arbitrator. The arbitrators representing the two parties shall, within forty-eight (48) hours, attempt to agree upon a Chairman of the Arbitration Board and failing such an agreement, the Minister of Labour for the Province of Ontario will be requested to name such a Chairman. 13.03 As soon as the Arbitration Board has been completed by the selection of a Chairman, it shall meet and hear the evidence and representation of both parties. It shall render a decision as soon as possible, the intention being that all decisions shall be given within seven (7) days after Arbitration proceedings have commenced. 13.04 Each of the parties hereto will bear the expenses of the Arbitrator appointed by them, and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board and other incidental expenses incurred directly by such an Arbitration. 13.05 No matter may be submitted to Arbitration which has not been properly processed through all previous steps of the grievance procedure. 13.06 The Arbitration Board shall not have authority to add to, alter, modify or amend this Agreement, nor shall it be authorized to make any decision inconsistent with the provisions of this Agreement. 13.07 In accordance with the Labour Relations Act, Statutes of Ontario, the decision of the Arbitration Board is final and binding upon the parties and upon any employee affected by it.