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. When either party requests that a grievance be submitted to arbitration, as provided under Article it shall make such request in writing addressed to the other party to this Agreement, and such request shall include the name of its nominee, the other party shall nominate a Representative,provided however, that if such other party fails to nominate a Representative as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario, have power to effect such appointment uponapplication thereto by either party. The two nominees shall attempt to select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within a period of ten (10) calendar days after the nomination of the second Representative, they, or either of them, may then request the Labour ManagementArbitration Commissionfor the Province of Ontario 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 carried through all previous steps of the Grievance Procedure. Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration. Any and all time limits referred to under the Grievance Procedure herein, may, at any time, only be extended by written agreement between the Company and the Union. The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Company, the Union and the affected, providedhowever, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Agreement. In arbitrating any discharge, the Board of Arbitration shall have the authority to:
ARTICLE ARBITRATION. If a notice of desire to arbitrate is served, the two parties shall each nominate an arbitrator within seven (7) work days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed shall attempt to select, by agreement, a Chairperson. If they are unable to agree upon a Chairperson within seven (7) work days of their appointment, either party may request the relevant government ministry to appoint an impartial Chairperson. No person may be appointed as Chairperson 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 Chairperson of the Arbitration Board governs. Notices of desire to arbitrate and of nominations of an arbitrator shall be served personally, by fax, by e-mail 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 the arbitrator's decision shall be final and binding upon both parties. It is agreed that the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article 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 with back pay calculated at an hourly rate or average earnings, as applicable, times normal hours, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the Arbitration Board. Where the Arbitration Board 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 circumstance surrounding the discharge or suspension, the Arbitration Board may substitute a penalty, which, in its opinion, is just and equitable. This clause shall not apply to the discharge of a probationary employee. Each of the parties hereto will bear the expenses of the arbitrator appointed...
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. The parties to this Agreement agree that any grievance the interpretation or alleged violation of this Agreement, which has been properly carried out through all the steps of the Grievance Procedure outlined in Article above, which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto. The Board of Arbitration will be composed of one person by the Employer, one person appointed by the Union and a third person to act as Chair, chosen by the other two members of the Board. The party requesting arbitration shall name its appointee at the time of requesting arbitration, and the other party shall name its appointee within two (2) working days thereafter. person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chair within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chair. The decision of the Board of Arbitration or a majority of such Board constituted in the above or, if there is no majority, the decision of the Chair shall be binding on the employee, the Union and the Employer. The Board of Arbitration shall not have any power to alter or change any of 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. Each of the parties to this Agreement will bear the expense of the Arbitrator appointed by it, and the parties will jointly bear the expense, if any, of the Chair.
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. (a) 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. (a) It is agreed by the parties that any difference of opinion relatingto the interpretation, application, or administration of this Agreement which cannot be settled after exhaustingthe grievance procedurewill 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. 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 (IO) days after the Manager of Human Resources or designates response. As provided for in Article the party delivering the notice to arbitrate shall indicate in the notice the arbitrator for that grievance from the following list: 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. 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
