Common use of ARTICLE ARBITRATION Clause in Contracts

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitration. The party initiating 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 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. If the parties fail to agree to refer the 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 by fax and 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 arbitra- tion proceedings and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default apply to the Minster of Labour to appoint an Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding on both pasties It is agreed that the 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, 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 too severe in view of the employee's employment record and the surrounding the discharge or suspension, the Arbitrator may substitute a penalty which, in the opinion of the Arbitrator, is just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An Arbitrator be empowered to render his decision or consistent with the of this Agreement.

ARTICLE ARBITRATION. If the Health Centre or the Union refers a grievance to arbitration, the grievance shall be referred to a sole arbitrator selected by agreement of the parties. If the parties fail to settle cannot agree concerning the selection of a sole arbitrator within seven (7) days after the grievance at Step of the Grievance Procedure, the grievance may be is referred to arbitration, either party may request the of Arbitration, Ministry of Labour to appoint an arbitrator. The parties may agree to have a grievance considered by a Board of Arbitration. The party initiating referring the grievance to arbitration must serve may request a Board and name a when it refers the grievance to arbitration. If the other party with written notice of desire to arbitrate within fourteen (14) days after receiving agrees that a Board should hear the decision given at Step of the Grievance Procedure. If a notice of desire to arbitrate is servedmatter, the two parties shall attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator, it will name its nominee within seven (7) days of service, who will meet with receiving the authorized representatives of the Union and the Employer in a hearing referral to ascertain both sides of the casearbitration. If the parties fail matter is to be heard by a Board, the nominees will attempt to agree to refer concerning the to an agreed single Arbitrator selection of a Chairperson. If the nominees cannot agree on a within seven fourteen (714) days of service as aforesaidthe appointment of the second nominee, either Party nominee may request the Minister appointment of a Chairperson by the Office of Arbitration. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a single Arbitratorchairman. Notice of desire No person may be appointed as an arbitrator who has been involved in an attempt to arbitrate and of nominations of an Arbitrator shall be served by fax and mail. The date of mailing shall be deemed to be the date of service. if a party refuses negotiate or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion proceedings and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default apply to the Minster of Labour to appoint an Arbitrator to hear settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. A sole arbitrator or a Board of Arbitration shall not have any power to amend, alter, or add to 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. The proceedings of a sole arbitrator or of an Arbitration Board will be expedited by the parties. The parties also recognize that employees will be paid to attend arbitration however the Health Centre will invoice the Union for wages and benefit costs for employees attending such The decision of the Arbitrator sole arbitrator or the majority of a Board of Arbitration or, if there is no majority, the decision of the Chairperson shall be final and binding on both pasties It is agreed upon the parties and the employee or employees concerned. Each of the parties will bear the expenses of a nominee appointed by it and the parties will share equally the fees and expenses of a sole arbitrator or of the Chairperson of a Board. The parties agree that the Arbitrator shall assistance of a mediator may be useful in resolving matters without the expense and delay of proceeding to arbitration. After a matter has been referred to arbitration, either party may make a written request to refer a grievance (either individually or together with other grievances which have the jurisdiction, power, and authority been referred to give relief for default in complying with the time limits set out in Articles and where it appears that the default was owing arbitration) 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, 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 too severe in view of the employee's employment record and the surrounding the discharge or suspension, the Arbitrator may substitute a penalty which, in the opinion of the Arbitrator, is just and equitablemediation. The decision of the Arbitrator other party will be final and binding on the two parties to the dispute and shall be applied forthwithrespond in writing. The parties will then attempt to agree concerning the selection of a mediator. If the parties cannot agree to the selection of a mediator within fourteen (14) days, the request for mediation will be deemed to be withdrawn. The parties shall equally bear share the expense fees and expenses of the Arbitratormediator. An Arbitrator Should the mediation process not be empowered successful the matter may be referred to render his decision or consistent with arbitration as per Article It is understood that anyone who acts as a mediator cannot act as arbitrator concerning the of this Agreementsame matter.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, Arbitrator within seven (7) days of service, who will meet with the authorized authorised 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 party may request the Minister of Labour to appoint a single Arbitrator. No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally or by fax and registered mail. The If served by registered mail, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion may commence arbitration proceedings and if the party in default refuses or neglects to meet to appoint an Arbitrator, the party not in default may apply to the Minster Minister of Labour to appoint an a single Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding on upon both pasties parties. It is agreed that the single Arbitrator shall have the jurisdiction, power, power and authority to give relief for default in complying with the time limits set out in Articles 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 without loss of seniority and with back paypay calculated on the basis of hourly or trip rate times normal 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 the discharge or suspension, the Arbitrator may substitute a penalty which, which is in the opinion of the Arbitrator, is Arbitrator just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the single Arbitrator. An Arbitrator dealing with a matter other than discipline shall be empowered to render his decision or interpretation consistent with the provisions of this Agreement.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, 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 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 or by fax and registered mail. The If served by registered mail, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion may commence arbitration proceedings and if the party in default refuses or neglects to meet to appoint an Arbitrator, the party not in default may apply to the Minster Minister of Labour to appoint an a single Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding on upon both pasties parties. It is agreed that the single Arbitrator shall have the jurisdiction, power, power and authority to give relief for default in complying with the time limits set out in Articles 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 without loss of seniority and with back paypay 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. O 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 the discharge or suspension, the Arbitrator may substitute a penalty which, which is in the opinion of the Arbitrator, is Arbitrator just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the single Arbitrator. An Arbitrator dealing with a matter other than discipline shall be empowered to render his decision or interpretation consistent with the provisions of this Agreement.

ARTICLE ARBITRATION. If the Health Centre or the Union refers a grievance to arbitration, the grievance shall be referred to a sole arbitrator selected by agreement of the parties. If the parties fail to settle cannot agree concerning the selection of a sole arbitrator within seven (7) days the grievance at Step is to arbitration, either party may request the Office of the Grievance ProcedureArbitration, Ministry of Labour to appoint an arbitrator. The parties may agree to have a grievance considered by a Board of Arbitration. The party referring the grievance to arbitration may be referred request a Board and name a nominee when it refers the grievance to arbitration. The party initiating arbitration must serve If the other party with written notice of desire to arbitrate within fourteen (14) days after receiving agrees that a Board should hear the decision given at Step of the Grievance Procedure. If a notice of desire to arbitrate is servedmatter, the two parties shall attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator, it will name its nominee within seven (7) days of servicereceiving the referral to arbitration. If the matter is to be heard by a Board, who the nominees will meet with attempt to agree concerning the authorized representatives selection of a Chairperson. If the nominees cannot agree on a Chairperson within fourteen (14) days of the Union appointment of the second nominee, either nominee may request the appointment of a Chairperson by the Office of Arbitration. 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 be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. The proceedings of a sole arbitrator or of an Arbitration Board will be expedited by the parties. The decision of the sole arbitrator or the majority of a Board of Arbitration or, if there is no majority, the decision of the Chairperson shall be final and binding upon the parties and the Employer in a hearing to ascertain both sides employee or employees concerned. Each of the caseparties will bear the expenses of a nominee appointed by it and the parties will share equally the fees and expenses of a sole arbitrator or of the Chairperson of a Board. The parties agree that the assistance of a mediator may be useful in resolving matters without the expense and delay of proceeding to arbitration. After a matter has been referred to arbitration, either party may make a written request to refer a grievance (either individually or together with other grievances which have been referred to arbitration) to mediation. The other party will respond in writing. The parties will then attempt to agree concerning the selection of a mediator. If the parties fail to cannot agree to refer the selection of a mediator within fourteen (14) days, the request for mediation will be deemed to an agreed single Arbitrator within seven (7) days be withdrawn. The parties shall equally share the fees and expenses of service the mediator. Should the mediation process not be successful the matter may be referred to arbitration as aforesaidper Article It is understood that anyone who acts as a mediator act as arbitrator concerning the same matter, either Party may request A new employee will be considered on probation until after he has completed hours worked with the Minister Health Centre from his most recent date of Labour to appoint a single Arbitratorhire. Notice Upon completion of desire to arbitrate and of nominations of an Arbitrator such probationary period the employee shall be served by fax and mailcredited with seniority on the basis of hours paid. The date dismissal of mailing a probationary employee shall not be the subject of a grievance. Rather a probationary employee may be dismissed at the sole discretion of the Health Centre provided only that the dismissal does not violate the Human Rights Code. With the written consent of the Health Centre, the probationary employee, and the union, such probationary period may be extended. Any extensions agreed to will be in writing and will specifythe length of the extension. An employee who transfers to or from part-time or full-time status shall not be required to serve a probationary period where he has previously completed one. Where no such probationary period has been served, the number of hours worked during the three (3) months immediately preceding the transfer shall be credited toward the probationary period. An employee whose status is changed from full-time to part-time shall be credited with chronological seniority based on hours for each year of the total of which shall be deemed to be their in hours for placement on the part-time seniority list. An employee whose status is changed from part-time to full-time shall be credited with of total hours which shall be divided by hours to determine the chronological date for service and seniority for placement on the seniority list. Notwithstanding the above, it is understood for the purpose of movement on the wage grid, part time shall be on the basis of constitutes one year of service. if a party refuses or neglects Separate seniority lists of full-time, part-time and casual employees shall be prepared twice per year according to answer a grievance at any stage the records of the Grievance Procedure, the other party arbitra- tion proceedings Health Centre and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default apply be date stamped and posted by December and June of each year. Such lists shall be posted on a bulletin board and a copy sent to the Minster Local President. If an employee does not challenge the position of Labour his name on the seniority list within the first five (5) working days from the date his name first appears on the seniority list, then he shall be deemed to appoint an Arbitrator have proper seniority standing. In the event the is not at work when the list is posted he must object to hear his seniority standing within three (3) days the grievancedate he returns to work or receives the list, whichever is earlier. Such lists shall be posted on a bulletin board in each department, and each Union ▇▇▇▇▇▇▇ in the department, shall be given a copy at the time of the posting and, a copy will be sent to the Local Chief ▇▇▇▇▇▇▇. An employee shall lose all seniority and shall be deemed to have terminated if he: voluntarily resigns his employment; is discharged and not has been laid off for twenty-four (24) calendar months; fails to return to work the completion of a leave of absence which may have been granted by the Health Centre; utilizes a leave of absence for the purpose other than for which it was granted; leaves his post without permission during regular working hours without reasonable excuse; is absent scheduled work for a period of three (3) or more consecutive working days without the Health Centre of such absence and providing a reason satisfactory to the Health Centre. Article off and Recall The lay off of employees shall be conducted on the basis of the separate seniority lists and shall be separate and distinct the layoff of employees on any other seniority list. However, bargaining unit seniority shall apply with regard to the displacement procedure, recall rights, job posting and all other seniority related issues. Layoffs shall take place on a departmental basis. Employees with the least seniority within the classification in the department in which the layoff takes place shall be laid off first, provided that the employees who remain on the job then have the qualifications, skill, and ability to perform the work. The decision of departments referred to in this Collective Agreement and the Arbitrator shall be final and binding on both pasties It is agreed that the Arbitrator shall have the jurisdiction, power, and authority to give relief for default in complying with the time limits job classifications within these departments are set out in Articles and where it appears Schedule for the purpose of the work area in which a is being eliminated. Prior to issuing notice of layoff pursuant to Article in any the Health Centre will offer early-retirement allowance to a sufficient number of employees eligible for early retirement under within the in order of seniority, to the extent that the default was owing maximum number of employees within a classification who elect early retirement is equivalent to the number of employees within the who would otherwise receive notice of layoff under Article An employee who elects an early retirement option shall receive, following completion of the last day of work, a retirement allowance of two (2) weeks’ salary for each year of service, plus a prorated amount for any additional partial year of service, to a reliance maximum ceiling of twenty-six (26) weeks’ salary, and, in addition, employees shall receive a single lump-sum payment equivalent to one thousand dollars ($1,000.00) for each year less age sixty five (65) to a maximum of five thousand dollars ($5,000.00) upon retirement. In the words event of a proposed lay off at the Health Centre of a permanent or conduct long term (in excess of the other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay, 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 too severe in view of the employee's employment record and the surrounding the discharge or suspensionweeks) nature, the Arbitrator may substitute a penalty which, in the opinion of the Arbitrator, is just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An Arbitrator be empowered to render his decision or consistent with the of this Agreement.Health Centre will:

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, either the grievance may be referred to arbitration. The party initiating arbitration must serve Employer or the other party with Union, by written notice to the other, shall have the right to appeal the dispute to an impartial Arbitrator or Arbitration Board. Such appeal must be taken sixty (60) calendar days the date of desire to arbitrate within fourteen (14) days after receiving the decision given at Step of the Grievance Procedure. Any grievance not advanced to the next step, within the time limit in that step, shall be deemed abandoned. Time limits may be extended by mutual agreement of the Employer and the Union in writing, then the new date shall prevail. 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, 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 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) calendar days of the to refer the matter to an agreed upon single Arbitrator and shall the other party of the name of the 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)calendar days of their appointment, either Party party may request the Minister of Labour to appoint a single Arbitratoran No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served or by fax and registered mail. The 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 arbitra- tion proceedings and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default apply to the Minster of Labour to appoint an Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding on both pasties It is agreed that the 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, 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 too severe in view of the employee's employment record and the surrounding the discharge or suspension, the Arbitrator may substitute a penalty which, in the opinion of the Arbitrator, is just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An Arbitrator be empowered to render his decision or consistent with the of this Agreement.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, 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 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 single Arbitratormajority 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 fax and registered mail. The If served by registered mail, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion may commence arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator, Arbitrator in accordance with Article the party not in default apply may, upon notice to the Minster of Labour to party in default, appoint an a single Arbitrator to hear the grievance. The grievance and his decision of the Arbitrator shall be final and binding on upon both pasties parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power, power and authority to give relief for default in complying with the time limits set out in Articles 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 without loss of seniority and with back paypay calculated at day rate or hourly 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 Arbitratorsingle Arbitrator or Arbitration Board. Where the single Arbitrator or 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 circumstances surrounding the discharge or suspension, the single Arbitrator or the Arbitration Board may substitute a penalty which, which is in the opinion of the Arbitrator, is single Arbitrator or Arbitration Board just and equitable. The decision Each of the parties hereto will bear the expense of the Arbitrator will be final appointed by it, and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An single Arbitrator be empowered to render his decision or consistent with the Chairman of this Agreementthe Arbitration Board.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, arbitrator within seven ten (710) days of service, who . The single arbitrator 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 arbitrator within seven (7) days of service as aforesaid, either Party party may request appointment of an arbitrator as provided in the Minister of Labour Relations Code. Except as agreed expressly by the parties, no person may be appointed as Chairman who has been involved in an attempt to appoint a single Arbitratornegotiate or settle the grievance. Notice of desire to arbitrate and of nominations of an Arbitrator arbitrator shall be served personally or by fax and mailreceipted delivery. The If served by receipted delivery, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may commence arbitra- tion proceedings and if the party in default refuses or neglects to meet to appoint an Arbitratorarbitrator, the party not in default apply to the Minster may request appointment of Labour to appoint an Arbitrator arbitrator as provided in Article to hear the grievance. The decision of the Arbitrator arbitrator shall be final and binding on upon both pasties parties. It is agreed that the Arbitrator 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 A found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back paypay calcu- lated 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 Arbitratorarbitrator. Where the Arbitrator arbitrator is of the opinion that there is proper cause for disciplining an employee, employee but considers the penalty imposed too severe in view of the employee's ’s employment record and the circumstances surrounding the discharge or suspension, the Arbitrator arbitrator may substitute a penalty whichpenalty, which is, in the opinion of the Arbitratorarbitrator, is just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitratorsingle arbitrator. An Arbitrator arbitrator dealing with a matter other than discipline shall be empowered to render his decision or interpretation consistent with the provisions of this Agreementagreement.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedureprocedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, Arbitrator within seven (7) days of service, 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 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 single Arbitratormajority 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 fax and registered mail. The If served by registered mail, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion may commence arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator, Arbitrator in accordance with Article the party not in default apply may, upon notice to the Minster of Labour to party in default, appoint an a single Arbitrator to hear the grievance. The grievance and his decision of the Arbitrator shall be final and binding on upon both pasties parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power, 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 paypay calculated at day rate or hourly 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 Arbitratorsingle Arbitrator or Arbitration Board. Where the single Arbitrator or 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 circumstances surrounding the discharge or suspension, the single Arbitrator or Arbitration Board may substitute a penalty which, which is in the opinion of the Arbitrator, is single Arbitrator or Arbitration Board just and equitable. The decision Each of the parties hereto will bear the expenses of the Arbitrator will be final appointed by it, and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An single Arbitrator be empowered to render his decision or consistent with the Chairman of this Agreementthe Arbitration Board.

ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitrationarbitration under the following procedure. The party initiating 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, 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 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 single Arbitratormajority 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 fax and registered mail. The If served by registered mail, the date of mailing shall be deemed to be the date of service. if If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party arbitra- tion may arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator, Arbitrator in accordance with Article the party not in default apply may, upon notice to the Minster of Labour to party in default, appoint an a single Arbitrator to hear the grievance. The grievance and his decision of the Arbitrator shall be final and binding on upon both pasties parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power, power and authority to give relief for default in complying with the time limits set out in Articles 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 without loss of seniority and with back paypay calculated at day rate or hourly 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 Arbitratorsingle Arbitrator or Arbitration Board. Where the single Arbitrator or 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 circumstances surrounding the discharge or suspension, the single Arbitrator or the Arbitration Board may substitute a penalty which, which is in the opinion of the Arbitrator, is single Arbitrator or Arbitration Board just and equitable. The decision Each of the parties hereto will bear the expense of the Arbitrator will be final appointed by it, and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An single Arbitrator be empowered to render his decision or consistent with the Chairman of this Agreementthe Arbitration Board.