ARTICLE ARBITRATION Sample Clauses

ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nominee. Within five (5) calendar days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint a Chairperson. At the option of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties h...

ARTICLE ARBITRATION. If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee provided, however, that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to select by agreement a Chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of fourteen (14)calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a Chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may he submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. The Board or Arbitration shall not have any power to amend, alter, modify, or add to any or the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. The proceedings of the Arbitration Board will he expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the Chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures 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 Section of the Labour Relations Act.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step of the Grievance Procedure. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. If the parties fail to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) days of the failure to refer the matter to an agreed upon single Arbitrator and shall notify the other party of the name of the aforesaid nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7) days of their appointment, either party may request the Minister of Labour to appoint an impartial 'Chairman. No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. The decision of a majority is the decision of the Arbitration Board but if there is no majority the decision of the Chairman of the Arbitration Board governs. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator in accordance with Article the party not in default may, upon notice to the party in default, appoint a single Arbitrator to hear the grievance and his decision shall be final and binding upon both parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits...

ARTICLE ARBITRATION. Should the grievance involve the alleged misinterpretation or violation of the Agreement, either party may be free to appeal to arbitration or from Step within thirty-one (3 1) days from the date the decision was given at that step. The parties shall attempt to agree on a single arbitrator from a list previously agreed to by the parties to this Agreement. If the parties agree on the arbitrator, the party requesting arbitration or shall then refer the grievance within said delay to the chosen arbitrator with a statement of the issue to be arbitrated upon by him. Notice of said reference and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the arbitrator shall be final and binding upon all parties involved. If the parties cannot agree on an arbitrator within fourteen (14) days the date of the notice to arbitrate, each shall appoint, within one (1) week, one (1) nominee as its member on a board of arbitration or that will decide upon the matter. Each party shall advise the other of the name and address of its nominee to the board within said delay of one (1) week. If the two (2) nominees are unable to agree upon the choice of a third member to act as chairman within two (2) weeks, the Minister of Labour for the Province of Ontario shall be requested to appoint a chairman. The board shall hear the dispute and its decision (or a majority decision) shall be final and binding upon the parties. Where there is not majority decision, the decision of the chairman is final and binding. The arbitrator or board of arbitration, as the case may be, shall not have any jurisdiction to alter to any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decision inconsistent with the terms and provisions of this Agreement. In determining any discharge or any other disciplinary grievance, the arbitrator or board of arbitration, as the case may be, shall have the authority to:

ARTICLE ARBITRATION. Where a grievance is referred to Arbitration, a single Arbitrator or a Board of Arbitration shall be established in accordance with the provisions of the Trade Union Act of the Province of Saskatchewan. The decision of the Arbitrator or the Board of Arbitration shall be final and binding on both parties to this Agreement. In order to render a decision which it deems just and equitable, the Arbitrator or the Board of Arbitration shall have the right to waive formal procedural irregularities affecting the grievance if, in its opinion, such irregularities are not essential to the grievance being arbitrated. However, the Arbitrator or the Board of Arbitration shall not have the power to alter, modify or amend any provisions of this Agreement. Should the parties to this Agreement disagree in the interpretation of the Arbitrator or the Board of Arbitration's decision, either party may apply to the Arbitrator or the Chairperson of the Board to reconvene the hearing for the sole purpose of clarifying the original decision. Subject to the exceptions in Article the fees and expenses of the Chair or Arbitrator shall be shared equally between the parties. Each party shall be responsible for its costs, fees and expenses of witnesses and those of its Board of Arbitration member.

ARTICLE ARBITRATION. Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to in Article (a) above], which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration, unless the parties agree otherwise in writing. Where a matter may be referred to a Board of Arbitration, the following procedure shall apply: The Party requesting arbitration shall notify the other party, in writing, of its desire to arbitrate and shall, at the same time, name one (1) person as its appointee to the Arbitration Board; The recipient of the notice shall, within ten (10) days of receipt of the referral described in (a), above, notify, in writing, the other Party of its appointee to the Arbitration Board; The Chairperson of the Board of Arbitration shall be selected from the top of the list of arbitrators provided for Article below. Once selected, the arbitrator's name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be referred to a Sole Arbitrator, the Sole Arbitrator shall be selected from the top of the list of arbitrators provided for in Article below. Once selected, the arbitrator's name shall be moved to the bottom of the list and the arbitrators shall be so rotated. There shall be a list of six (6) arbitrators who shall act as Chairperson or Sole Arbitrator as provided for in Articles and above. The list of arbitrators and their initial order shall be as follows: Xxxxxxx

ARTICLE ARBITRATION. It is agreed by the parties that any difference of opinion relating to the interpretation, application, or administration of this Agreement which cannot be settled after exhausting the grievance procedure will be settled by Arbitration as defined in Section subsection (2) of the Ontario Labour Relations Act.

ARTICLE ARBITRATION. The following shall not preclude the parties from seeking alternate dispute resolution processes such as: Non-binding Neutral Advisory Opinion, or Expedited Arbitration. Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:

ARTICLE ARBITRATION. It is agreed by the parties that any difference of opinion relating to the interpretation, application, or administration of this Agreement which cannot be settled after exhausting the grievance procedure will be settled by Arbitration as defined in Section subsection (2) of the Ontario Labour Relations Act. Limitation The Board of Arbitration An Arbitration Board shall not be authorized to alter, modify, amend or add to any part of this Agreement. No person shall be appointed as an Arbitrator who has been involved in any attempt to negotiate or settle the grievance. Each party shall be responsible for the expenses of its own appointee, and an equal share of the fees and expenses of the Chairperson.

ARTICLE ARBITRATION. If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it make such request in writing addressed to the other party to this Agreement, and at the same name a Nominee. Within ten