Common use of ARTICLE Clause in Contracts

ARTICLE. In the event that the grievance is not settled at Step the party having carriageof the grievance may requestarbitrationof the grievance by giving notice in writingto the other party within twenty one (21) days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed to the other party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) days, either of the parties shall then request the Minister of Labour for the province of Ontario to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in interpreting collective agreements. The arbitratorshall hear and determine the matter and shall issue a decisionwhich shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he or she states in his or her decision the reasons for extending the time. The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any part of this Agreement, nor to make any decision inconsistentwith the provisionsthereof, or to deal with any matter not covered by this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the nominee appointed by it and the partieswill jointly bear the fees and expenses, if any, of the arbitrator.

ARTICLE. In The Union shall elect or otherwise appoint a Grievance Committee which shall be by the event that Committee as well as such changes in its personnel as may occur from time to time. The Employer shall advise the Union of the names of the non-union supervisors (and designates) for each area for the purpose of key contact persons for stewards. xxxxxxx will make every effort to adjust the situation with the non-union supervisor or designate before it is in writing. If the alleged grievance is not settled at this stage five working days alter the grievance is registered, it may, at the request of the a employee, within ten working after receipt of the response from the employer, be carried to step If the griever fails to act within the time limit, the S t e p T w o By the Union Grievance Committee, and a senior representative Personnel Services. The Director of Personnel Services or his/her representative shall hold a within ten working days of the difference directly between the Union and the involving the interpretation or alleged violation of this Agreement which cannot otherwise be dealt with under this Article because of the or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a Department, or the University as a whole, may be submitted by the Union in writing, at the second step (Article and dealt with as a proper grievance under the grievance procedure. A disciplinary notation from an record shall not be used against this person more t an two years after the date of issue. If a grievance is not settled at Step Two, either party may notify the party having carriageof other within one month after receiving the grievance may requestarbitrationof written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the grievance by giving name and address of the party’s nominee to the proposed Arbitration Board. The arty who receives the notice in writingto of intention to proceed to shall then notify the other party within twenty one (21) days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, name and address of the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed party’s nominee to the other party to this agreement and at proposed Arbitration Board ten working days after receiving the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein requirednotice. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) days, either of the parties shall then request the Minister of Labour for the province of Ontario to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in interpreting collective agreements. The arbitratorshall hear and determine the matter and shall issue a decisionwhich shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he or she states in his or her decision the reasons for extending the time. The arbitrator Arbitration Board shall not be authorized, nor shall the arbitrator Board assume authority, to alter, modify modify, or amend any part of this Agreement, nor to make any decision inconsistentwith inconsistent with the provisionsthereof, or to deal with any matter not covered by this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the nominee appointed by it and the partieswill jointly bear the fees and expenses, if any, of the arbitratorprovisions thereof.

ARTICLE. In Failing settlement under the event that the grievance is not settled at Step the party having carriageof the Grievance Procedure, a grievance may requestarbitrationof the grievance by giving notice be submitted to arbitration. The submission to arbitration must be in writingto writing and delivered to the other party within twenty one sixty (2160) days after the decision of the Company or the Union, as the case may be, has been given, or should have been given. Any matter so referred to arbitration shall, if the parties agree, be heard by a Single Arbitrator who shall be selected in rotation from the agreed to panel. If the parties do not agree to a Single Arbitrator, any matter so referred to arbitration shall be heard by a Board of three (3) arbitrators composed of an arbitrator appointed by each of the parties and a third arbitrator who shall be Chair. The Local Union and the Company shall each within ten O) days from the delivery date of notice of arbitration appoint its arbitrator and each party so appointing its arbitrator shall give notice of its appointment to the other party. The Chair shall be selected in rotation from the following panel: Xxxx Xxxxx Xxxxx Xxxx Xxxxxxx Xxxx Xxxx Xxxxxx The parties may by agreement add further names to the panel. The party referring the grievance to arbitration shall within fifteen 5) days of the decision at Step but appointment of its arbitrator take all necessary steps for the selection of a Chair for the Board of Arbitration in the manner set out in this Article. If, after making all reasonable efforts to select a Chair within the time limit, there no Chair able or willing to act, the time limit will be extended to the length of time required to obtain the services of a Chair. Any individual on the panel who was unable or unwilling to act as Chair when requested shall not thereafteragain be requested to act as Chair until the individual’s name comes up again on the regular rotation of the panel. If a request for arbitration an individual is not given within such twenty one unable or unwilling to act as Chair on six (216) day periodconsecutive occasions when requested, the decision at Step individual shall after the sixth occasion be removed from the panel and a replacement shall be final selected by the parties within sixty (60) days. No grievance shall be considered by the arbitrators nor shall they render any decision in connection therewith unless and until a majority of them have first decided that the grievance constitutes a difference between the Company and the Union, or the employee initiating the grievance, arising from the interpretation, application, administration or alleged violation of this Agreement. The Rules of Arbitration annexed hereto as Schedule shall govern the conduct of any arbitration proceedings under this Agreement. The finding of the majority of the arbitrators as to the facts and as to the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be conclusive and binding upon both all parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request concerned but in writing addressed to the other party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) days, either of the parties shall then request the Minister of Labour for the province of Ontario to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in interpreting collective agreements. The arbitratorshall hear and determine the matter and shall issue a decisionwhich shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he or she states in his or her decision the reasons for extending the time. The arbitrator shall not be authorized, nor no event shall the arbitrator assume authority, arbitrators be authorized to alter, modify or amend any part of this Agreement, nor . The Union and the Company shall respectively pay the expenses of and fees payable to make the arbitrator selected by each and the Union and the Company shall each be responsible for one half of the expenses of and fees payable to the Chair. Seniority shall mean the length of continuous service with the Company since the last date of hiring and shall include any decision inconsistentwith period of previous service interrupted by lay off where the provisionsthereof, or to deal with employee was rehired and has not declined any matter not covered by permanent recall under this Agreement. No matter An employee will be considered on probation until completion of six (6) months of continuous service with the Company from the last date of hiring unless rehired as a result of recall. Upon completion of the probationary period, the employee’s name shall be placed on the seniority list. The discharge of a probationary employee may be submitted to arbitration which has not been properly carried through all requisite steps for any reason at the of the Grievance ProcedureCompany and shall not be made the subject of a grievance or arbitration. The proceedings Company will provide the Local Union with a seniority list of employees every six (6) months showing occupational classification and seniority. Seniority will continue in the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the nominee appointed by it and the partieswill jointly bear the fees and expenses, if any, of the arbitrator.following situations:

ARTICLE. In between the event that the grievance is not settled at Step the party having carriageof the grievance may requestarbitrationof the grievance by giving notice in writingto the other party within twenty one (21) days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed relating to the other party interpretation, application or of this including any question as to a is arbitrable, or where an allegation is made that this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) dayshas violated, either of the parties may, after other party in writing of its desire to the difference or allegation to arbitration and the notice shall then request contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) working days, inform the other of the of its appointee to the Arbitration Board. The two appointees so selected shall within five (5) working days of the of the of them appoint a third who shall be the If the recipient of the notice fails to appoint an arbitrator, or if the two appointees to agree a within the limits, appointment shall be by the Minister of Labour for upon the province request of Ontario to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in interpreting collective agreementseither party. The arbitratorshall Arbitration Board shall hear and determine the matter difference or allegation and shall issue a decisionwhich shall be decision and the decision is final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give decision of a majority is the decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he or she states in his or her Arbitration Board, but if there is no majority the decision the reasons for extending the time. The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any part of this Agreement, nor to make any decision inconsistentwith the provisionsthereof, or to deal with any matter not covered by this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concernedChairman governs. Each of the parties hereto will shall jointly bear the fees and expenses of the nominee appointed third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The Board of Arbitration shall not have any power to alter, modify or change any of the provisions of this or to substitute any new provisions or any existing provisions, nor to give decisions inconsistent with the and provisions of this Agreement. Notwithstanding the foregoing provisions of this Article, the parties hereto may in for the above procedure agree in writing to appoint one (1) arbitrator satisfactory to both parties, in which case such arbitrator shall have the jurisdiction, power and authority as has been given to the Arbitration Board by it the foregoing of this Article. It is agreed and that the shall provide at no cost to the and shall place in a mutually agreeable location, three (3) bulletin boards to be used solely for the of notices and job Such notices shall not be by unauthorized personnel. Such notices shall be by a representative of the Union to the office of the Vice-president Resources for approval. There shall be no distribution or posting by of advertising or political matter, cards, notices or any other literature the Hospital's property, unless initialled by the Union Local President and the partieswill jointly bear the fees and expenses, if any, Vice-president Resources of the arbitratoror his designate.

ARTICLE. In the event that the grievance is not settled at Step the party having carriageof carriage of the grievance may requestarbitrationof request arbitration of the grievance by giving notice in writingto to the other party within twenty one ten (2110) days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (2110) day period, the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed to lo the other party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter 5)days the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they Ifthey are unable to agree upon a chairmanwithin a period of five (5) days, 5)days. either of the parties shall then request the Minister of Labour for the province of Ontario to appoint an impartial arbitrator, impartialarbitrator,who shall be chosen having regard to his qualifications in interpreting collective agreements. The arbitratorshall arbitrator shall hear and determine delermine the matter and shall issue a decisionwhich decision which shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he or she states in his or her decision the reasons for extending the time. The arbitrator shall not be authorized, nor shall the arbitrator assume authority, . to alter, modify or amend any part of this Agreement, . nor to make any decision inconsistentwith inconsistent with the provisionsthereofprovisions thereof, or to deal with any matter not covered by this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps requisitesteps of the Grievance Procedure. The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto herelo and the employee or employees concerned. Each of the parties hereto herelo will bear the fees and expenses of the nominee appointed by it and the partieswill jointly parties will bear the fees and expenses, if any, of the arbitrator.

ARTICLE. In The Union and the event that Employer agree to undertake a mediation process to assist in resolving differences or disputes arising between the Parties to this Agreement based upon the following: Mediation can be used at any step during the process. The local manager and the Employee or Xxxxxxx must agree to use mediation, subject to the agreement of the Parties. The local manager and the Employee or Xxxxxxx must agree on the specific mediator, subject to the agreement of the Parties. The costs of the mediation shall be borne equally by the Employer and the Union. Resolutions are on a without prejudice, without precedent basis, unless otherwise agreed to by the Parties. If a mutually acceptable resolution is not reached, the grievance will proceed to the next step in the and Arbitration Process. Parties agree to develop a list of mutually agreed upon mediators. The Employer and the Union may agree to seek the assistance of a mediator from this list prior to an arbitration hearing. The Parties agree to develop a list of five (5) mutually agreed upon Arbitrators by October Once this list has been established, the Parties agree to have three (3) dates with each Arbitrator during each twelve (12) month period beginning October on which arbitrations may be heard. The order in which cases will be heard shall be determined by the Parties as soon as is practicable. If a grievance is not settled at Step it may be taken to arbitration either under the party having carriageof provisions of Section of the grievance may requestarbitrationof Ontario Labour Relations Act or by a notice signed by the grievance by giving President of the Union and given to the Director, Non- Academic Employee Relations no later than fifteen (I 5) working days following receipt of the Employer's written reply as required in Step (Article plai n In the latter case: The written notice in writingto shall contain the other party within twenty one (21) days details of the grievance, the specific or interpretation of the Agreement that has been allegedly violated, and the relief sought the arbitration board or a mutually agreed upon sole arbitrator or an arbitrator from the delivery list referred to in Article If the matter is to proceed to a three (3)-person board, the written notice shall also contain the name and address of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed Union's appointee to the other party board. The Employer shall notify the Union of the name and address of its appointee to this agreement and at the same time appoint a nominee. Within five board no later than ten (5IO) working days thereafter following receipt of the other party shall appoint a nominee as herein requiredUnion's written notice. The two nominees so appointed(2) appointees shall, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) within ten working days, select an impartial Chair. Failing agreement within this time, either of the parties shall then Party may request the Minister of Labour for the province Province of Ontario to appoint an impartial select a Chair. If the matter is to proceed to a mutually agreed upon sole arbitrator, who the written notice shall be chosen having regard also include suggested of The Employer shall confirm its agreement with the Union's suggested or in the absence of such agreement, shall provide the of suggested to his qualifications the Union. In either case, the Employer shall reply in interpreting collective agreementswriting no later than ten working days following receipt of the Union's written notice. The arbitratorshall arbitrator or the arbitration board shall hear and determine the matter in dispute, and shall issue a decisionwhich an award which shall be final and binding upon the parties and upon any employee or employees affected by itParties to this Agreement. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he Arbitrator or she states in his arbitration board shall, however, have no authority to add to, subtract from, or her decision the reasons for extending the time. The arbitrator shall not be authorized, nor shall the arbitrator assume authority, to alter, modify or amend alter any part provision of this Agreement, nor to make any decision inconsistentwith the provisionsthereof, or to deal with any matter not covered by this Agreement. No matter may be submitted to arbitration an award which has not been properly carried through all requisite steps of the Grievance Proceduresuch effect. The proceedings of Parties agree that the arbitrator will and the Union Xxxxxxx shall be expedited given sufficient release time, paid by the parties heretoEmployer, from their work duties and responsibilities in order to attend the arbitration preparation and the decision will be final and binding upon the parties hereto and the employee or employees concerned. arbitration Each of the parties hereto will Party shall bear the expenses of all other representatives, participants and witnesses and for the preparation and presentation of its own case. The fees and expenses of the nominee appointed Arbitrator or Chair shall be borne equally by it and the partieswill jointly bear the fees and expenses, if any, of the arbitratorParties.

ARTICLE. In of Arbitration shall be composed of one (1) member nominated by the event that Employer, one (1) member nominated by the grievance is not settled at Step Union and a third member, who shall be the chairperson, appointed by the other two members. Within one (1) week after either party having carriageof the grievance may requestarbitrationof the grievance by giving notice in writingto hereto delivers to the other party within twenty one (21) days from hereto a written notice requiring a grievance to be referred to a Board of Arbitration, each party shall notify the delivery other party in writing of the decision at Step but not thereaftername of its nominee as a member of the Board of Arbitration. If a request for arbitration is not given within such twenty Where one (21) day periodof the parties fails to notify the other of the name of its nominee to the Board of Arbitration, the other party may apply to the Minister of Provincial Affairs Attorney General requesting that Minister to choose a person deemed suitable for the purpose. Where the Minister of Provincial Affairs Attorney General chooses such a person that person shall be deemed to be the nominee of the party who failed to give notice of the name of its nominee. Should the members of a Board of Arbitration nominated by the Employer and the Union fail to agree on a third member within ten days after they both have been notified in writing of the nomination of the other as a member of the Board of Arbitration, either party, after giving notice may apply to the Minister of Provincial Affairs Attorney General for the appointment of a third member of the Board of Arbitration who shall be the chairperson thereof. No person shall be selected as a member of a Board of Arbitration who, directly or indirectly, has been involved in discussions or negotiations respecting the grievance with which the Board of Arbitration is to deal. The Board of Arbitration so established shall proceed as soon as practicable to hear and determine the grievance, difference or dispute submitted to it and shall make such decision at Step as may finally dispose of the question in issue and the decision shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing addressed to the other party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein requiredon all parties. The two nominees so appointed, shall attempt to select by agreement a chairman decision of the arbitration board. If they are unable to agree upon a chairmanwithin a period of five (5) days, either majority of the parties shall then request the Minister Board of Labour for the province of Ontario to appoint an impartial arbitrator, who Arbitration shall be chosen having regard to his qualifications in interpreting collective agreements. The arbitratorshall hear and determine the matter and shall issue a decisionwhich shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a decision may be extended at the discretion of the sole arbitrator so long as he Board of Arbitration, but if there is no majority, the decision of the chairperson shall govern. In any case, including cases arising out of any form of discipline or she states in his the loss of any remuneration, benefit or her decision privilege, the reasons for extending the time. The arbitrator Board of Arbitration shall not be authorized, nor shall the arbitrator assume authority, have full power to alter, modify or amend any part of this Agreement, nor to make any decision inconsistentwith the provisionsthereofdirect a remedy, or to deal with any matter not covered by this Agreement. No matter affirm the discipline, loss of remuneration, benefit or privilege, as the Board of Arbitration may be submitted determine appropriate to arbitration which has not been properly carried through all requisite steps of finally settle the Grievance Procedureissues between the parties, and may give retroactive effect to its decision. The proceedings of the arbitrator will be expedited by the parties hereto, Employer and the decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will Union shall bear the fees and expenses of their respective nominee to the nominee appointed by it Board of Arbitration and the partieswill jointly bear the fees and expenses, if any, the expenses of the arbitratorchairperson shall be borne equally by the Employer and the Union. Notwithstanding anything contained in this Article the parties to any grievance, difference or dispute may agree to submit such grievance, difference or dispute to a single arbitrator and upon the appointment of such single arbitrator referred to herein all provisions of this Article shall apply insofar as possible. Any of the time limits provided for in this Article may be extended or shortened by mutual consent. The arbitration procedure outlined above applies only to the arbitration of grievances.