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. Section If the Employer or the Union request that a grievance be submitted to arbitration, as herein before 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) working days thereafter, the other party shall 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 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) 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 the 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) days. If such agreement is not forthcoming within such time limit, they shall then request the Ministry of Labour to appoint a chairperson. Section No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. Section No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. Section 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 provision 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 evidence 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. Section The proceedings of the arbitration board will be exp...
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 service as aforesaid, either party may request the Minister of Labour to appoint a single Arbitrator. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally, via facsimile 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 to meet to appoint an Arbitrator, the party not in default may apply to the Minister of Labour to appoint a single Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding upon both parties. It is agreed that the single Arbitrator shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Articles and where it appears that the default was owing to a reliance upon the words or conduct of the other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated on the basis of mileage, hourly or trip rate times normal trip miles, hours or trips, as applicable, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the Arbitrator. Where the Arbitrator is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding ...
ARTICLE ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, the party requesting arbitration shall notify the other party of its desire to arbitrate the difference or allegation and shall at the same time name one person as its appointee to the Arbitration Board. The recipient of the notice shall within five (5) days of the receipt of same, notify the other party of the name of its appointee to the Arbitration Board. The two (2) appointees shall, within five (5) days of the appointment of the latter, appoint a third person to act as Chairperson. the appointees fail to agree upon a Chairperson within the said five (5) days or if the recipient of the notice fails to appoint an arbitrator within the time limit, the appointments shall be made by the Minister of Labour for Ontario upon the request of either party. No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. The Arbitration Board shall hear and determine difference or allegation and shall issue a decision and the decision the majority of such board shall be final and binding upon the parties and any employees affected by it. If there is no majority, the decision of the Chairperson shall govern. The Arbitration Board shall make such decisions as it may in the circumstances deem just and equitable and may vary or set aside any penalty or discipline imposed by the Employer relating to the grievance then before it. The Arbitration Board shall not be authorized to alter, modify or amend any provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to make any decision inconsistent with the terms and provisions of this Agreement. Nothing herein shall be interpreted or construed to prevent the Arbitration Board from ordering reinstatement in employment with full or partial pay lost by an employee who has been dismissed or suspended. Each party shall bear the expense of its appointee and the expense of the Chairperson shall be shared equally by both parties. Notwithstanding the foregoing provisions of this Article, the parties hereto may in substitution for the above procedure, agree in writing to appoint one Arbitrator satisfactory to both parties in which case such Arbitrator shall have the same jurisdiction, power and authori...
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. Failing a satisfactory settlement in Step of the Grievance procedure, it shall be the responsibility of the party desiring arbitration to so inform the other party, in writing, within ten (10) days after the Human Resources Manager, or his representative’s response. Xxxxxx Xxxxx Xxxx Xxxxx Xxxx Xxxx Xxxxxx Xxxx Xxxxxxxxx It is understood and agreed that following ratification of this agreement, arbitrators will be selected in the order they appear on the list above, starting with the top of the list and moving to the bottom in the order that notices to arbitrate are received. In the event that the arbitrator, according to this process, is no longer available (i.e. within six (6) months) to arbitrate, that particular case will be referred to the next arbitrator on the list. The decision of the sole arbitrator shall be final and binding upon the parties. The arbitrator 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. nor to adjudicate any matter not specifically assigned to him or her. The parties will equally bear the fees and expenses of the sole arbitrator. Any witnesses called by the parties will be at their individual expense. Any extension of the time limits contained herein may only be made by mutual consent in writing.
ARTICLE ARBITRATION. Where a grievance is referred to Arbitration, a single Arbitrator or a Board of Arbitration shall be establishedin 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 betweenthe parties. Each party shall be responsible for its costs, fees and expenses of witnesses and those of its Board of Arbitration member.
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
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:
