ARTICLE ARBITRATION. If the Hospital 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 seven 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 of the Board 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 carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify 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 the Arbitration Board will be 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.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE ARBITRATION. If the Hospital 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 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 of the Board 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 carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify 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 the Arbitration Board will be 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 Relation Act.
Appears in 1 contract
Samples: Collective Agreement
ARTICLE ARBITRATION. If the Hospital 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 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 of the Board within a period of fourteen (14) calendar 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 he submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. The Board of or Arbitration shall not have any power to amend, alter, modify modify, or add to any of 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 be he expedited by the parties hereto and the decision of the majority 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 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 mandatory, and failure to comply strictly with such time limits limits, except by the written Agreement agreement of the parties parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The the Labour Relations Act.. ARTICLE OCCUPATIONAL CLASSIFICATIONS
Appears in 1 contract
Samples: Collective Agreement
ARTICLE ARBITRATION. If the Hospital or the Union When either party requests that a grievance be submitted to arbitration, as hereinbefore provided, provided under Article it shall make such request in writing addressed to the other party to this Agreement, and at such request shall include the same time name a of its nominee. Within seven calendar days thereafter , the other party shall name nominate a nominee provided, Representative,provided however, that if such other party fails to name nominate a nominee Representative as herein required, and unless the Office of Arbitration of time has been extended by mutual agreement between the Ministry two parties, the Minister of Labour of for the Province of Ontario shall Ontario, have power to effect such appointment upon application uponapplication thereto by the party invoking the arbitration procedureeither party. The two nominees shall attempt to select select, by agreement agreement, a Chairman Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairman of the Board Chairperson within a period of fourteen ten (1410) calendar daysdays after the nomination of the second Representative, they shall they, or either of them, may then request the Office of Arbitration of the Ministry of Labour of ManagementArbitration Commissionfor the Province of Ontario to appoint a ChairmanChairperson. 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 requisite previous steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify 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 the Arbitration Board will be 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 concernedGrievance Procedure. Each of the parties hereto will shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the nominee appointed 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 it written agreement between the Company and the parties will share equally the fees and expenses, if any, Union. The decision of the Chairman majority of the Arbitration Board. The time limits set out in both Board shall be the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits except by the written Agreement decision of the parties Board, and shall result be final and binding on the Company, the Union and the affected, providedhowever, that in no event shall the grievance being deemed Board of Arbitration have the power to have been abandoned subject only change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of Section this Agreement. In arbitrating any discharge, the Board of The Labour Relations Act.Arbitration shall have the authority to:
Appears in 1 contract
Samples: Collective Agreement
ARTICLE ARBITRATION. If the Hospital or the Union requests that Where a grievance be submitted is referred to arbitration, as hereinbefore provided, it shall make such request in writing addressed to arbitration the party making the referral will notify the other party in writing of its election of proceeding with a single arbitrator (“arbitrator”) or a tripartite arbitration board (“board”). Where election is made for an arbitrator, the party making the referral, will suggest one or more persons to this Agreement, and at the same time name a nomineeact as arbitrator in its notice of referral. Within seven calendar days thereafter the The other party will respond in writing within ten (10) days to either be in agreement with one of the suggested persons or if not will suggest other perçons. Failure by the parties to agree upon an arbitrator within the time limited, either party may request that an arbitrator be appointed by the Minister of Labour of Ontario. Where election is made for a board, the party making the referral will name its appointee such board in the notice of referral. The other party will respond in writing within five (5) days by naming its appointee. The two appointees so selected will, within ten (10) days of the appointment of the second of them, appoint a third person who shall name a nominee provided, however, that if such chair the board. Upon failure by the party fails receiving notice to name its appointee or upon failure by the two appointees to agree on a nominee as herein requiredchairperson within the time limited, the Office of Arbitration of either party may request that the Ministry of Labour of Ontario appoint one or both persons as required. The arbitrator or the Province board will have no authority to alter, change, or modify any of Ontario shall have power the terms and conditions of this Agreement. Any question as to effect such appointment upon application thereto will be determined by the party invoking the arbitration procedurearbitrator or board. The two nominees shall attempt to select by agreement a Chairman decision of the Arbitration Board. If they are unable to agree upon such a Chairman arbitrator or of the Board within a period of fourteen (14) calendar daysboard, they shall then request will be final and binding. Each party to this agreement will pay the Office of Arbitration fees and expenses of the Ministry of Labour member of the Province board selected by it or by the Minister and will share equally in paying the fees and expenses of Ontario to appoint a Chairmanthe chairperson of the board or of the arbitrator. 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 Neither party shall disclose in any manner to arbitration which has not been carried through all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power information concerning previous offers of settlement made by the other party. ARTICLE MANAGEMENT GRIEVANCES A grievance, initiated by the Company may be referred in writing to amend, alter, modify or add to any the Union Grievance Committee fifteen (15) days 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 occurrence of the Arbitration Board will be expedited by circumstances giving rise to the parties hereto grievance 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 BoardUnion Grievance Committee shall meet within three (3) days thereafter with management. The time limits set out in both limit may be extended by mutual agreement. If no settlement is reached within five (5) days of the said meeting, the grievance and may be referred by either party to arbitration procedures herein are mandatory and failure to comply strictly with such as provided in Article at any 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.within thirty (30)days. ARTICLE
Appears in 1 contract
Samples: Fabrics And
ARTICLE ARBITRATION. If After the Hospital or Grievance Procedure established in this has been exhausted, either party may refer the Union requests that matter to Arbitration by submitting a grievance be submitted notice of intent to arbitration, as hereinbefore provided, it shall make such request in writing addressed arbitrate to the other party party, which shall contain the name of the aggrieved party's appointee to this Agreementthe Arbitration Board, and shall be submitted within fifteen (15) working days of the answer at Step of the same time name a nomineeGrievance Procedure. Within seven calendar five (5) working days thereafter from the receipt of the notice of intent to arbitrate, the other party must, in turn, name their appointee. The third to act as Chair shall name a nominee provided, however, that if such be appointed by the respective appointees. Should either party fails fail to name their appointee within the required five (5) working days, or should the appointees fail to select a nominee as herein requiredChair within twenty (20) working days from the date of their appointment, either party or their appointee may request the Office of Ontario Management Arbitration of Commission the Ministry Minister 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 of the Board 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 make the grievance. No matter may be submitted to arbitration which has not been carried through all requisite steps of the grievance procedureappropriate appointment. The Board of Arbitration shall not have the right to alter or change any power to amend, alter, modify or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to in lieu thereof or give any a decision inconsistent with the terms and or provisions of this the Agreement. The proceedings Board shall have the power to vary in a manner which is just and equitable, or set aside any penalty, discharge, or discipline imposed relating to the grievance then before the Board. The Arbitration Board shall hear and determine the differences or allegations and shall issue a decision and the decision is final and binding upon the parties and upon any person affected by it. The decision of the Arbitration Board will be expedited by the parties hereto and majority is the decision of the majority and where Arbitration Board, but if there is no majority, the decision of the Chairman will be final and binding upon the parties hereto and the employee or employees concernedChair governs. Each of the parties hereto to this Agreement will bear pay the expense fees and disbursements of its appointee to the nominee appointed by it and the parties will Arbitration Board, and.will share equally the fees and expenses, if any, disbursements of the Chairman Chair. All reasonable arrangements will be made to the parties or the Arbitrator to have access to the University premises to view any working conditions which may be relevant to the settlement of the Arbitration Board. The time limits set out referred to in both the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits except this Article may be extended by the written Agreement mutual agreement of the parties parties, but, otherwise, time shall result in be of the grievance being deemed essence of this Article. The job xxxxxxx, and the Grievance Committee Chair shall continue to have been abandoned subject only to receive their regular salary while attending Arbitration meetings; however, the provisions of Section of The Labour Relations ActUnion shall reimburse the University for one-half their salary for time such spent.
Appears in 1 contract
Samples: An Agreement