Common use of Board of Arbitration Clause in Contracts

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 13 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Board of Arbitration. (a) 25.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her them full or part back pay.

Appears in 6 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister Director of Labour the Collective Agreement Arbitration Bureau of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 18.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 4 contracts

Samples: Collective Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. (a) 1. The Board of Arbitration shall be composed of three one (31) members Co-operative representative, one (1) Union representative and shall be established as follows: Within ten one (101) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specifiedCo-operative, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days in respect of the appointment of the Chairperson of the Board of Arbitration, then the matter shall be referred to the Minister of Labour, Province of Saskatchewan, who shall act as Chairperson, or shall appoint a Chairperson. Within five (5) days of the appointment of the impartial Chairman, the It is agreed that each party shall name its representative to a Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed of being notified that the time limits dispute is to be referred to a Board of Arbitration. The parties may also agree to the use of a single Arbitrator. The single Arbitrator would be agreed upon or appointed in the same manner as set forth herein may be altered by mutual agreement between the Employer and the Uniona Chairperson. 2. No person shall serve on a the Board of Arbitration who if he/she is involved or directly interested in the labour controversy under local consideration. 3. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 4. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 5. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 6. It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement. 7. The It is agreed that the expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision Chairperson of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of or the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the single Arbitrator shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerUnion. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.): Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall consist of a single Arbitrator, who shall be composed one of three (3) members the persons named in 18.05, and shall be established selected as follows: Within ten (10: a) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve The person named on the Board of Arbitrationschedule who has the number 1 beside his name shall hear and decide the first arbitration. b) The person named on the Schedule who has the number 2 beside his name shall hear and decide the second arbitration case held after the said date, and so on until the last person named on the Schedule has heard and decided an arbitration case. The representative of Thereafter the Employer person who has the number 1 beside his name shall hear and decide the representative of the Union shallnext case, within five (5and so on. c) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of that the nominees of person whose turn it is to be Arbitrator is unwilling or unable to hear and decide the Union and the Employer to agree upon a Chairman case within the five thirty (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (1430) days after its first session. he is contacted, or in the event that that such person is directly interested or involved in the outcome of the controversy under consideration, then in any such event that person shall be passed over in favor of the person next named in 18.05. 18.02 It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances . 18.03 Any grievance submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, may however interpret its provisions. The expense of the Arbitrator arbitrator shall be borne equally by the Employer and the Union Union, unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. . 18.04 The Arbitrator shall have the power to ameliorate any penalty or disciplinary measure and in the case of any grievance involving a discharge shall be an Arbitrator mutually agreed entitled to substitute lesser disciplinary penalty than was imposed by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.18.05 Arbitrators: 1. Xxxxxx Xxxxx 2. Xxxx XxXxxxxxxx 3. Xxxxx Xxxxx 4. Xxxx Xxxxx 5. Xxxxx Xxxxx 6. Xxx Xxxxxx

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Co-operative and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer Co-operative and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer Co-operative to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer Co-operative and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) 1. The Board of Arbitration shall be composed of three (3) members one Co-operative representative, one Union representative and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative one person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specifiedCo-operative, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days or any mutually agreed extension in respect to the appointment of the Chairperson of the Board of Arbitration, the matter shall be referred to the Minister of Labour, who shall be asked to act as Chairperson himself or shall be asked to appoint a Chairperson. 2. Within five (5) days The parties may mutually agree to have a single Arbitrator hear a grievance and in such a case, the Arbitrator shall possess the same powers and be subject to all of the appointment of the impartial Chairman, the same limitations as a Board of Arbitration as constituted in this Article. When rendering a decision, such decision shall sit to consider be final and binding on the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Unionparties. 3. No person shall serve on a the Board of Arbitration who if he is involved or directly interested in the labour controversy under local consideration. 4. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 5. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 6. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this AgreementAgreement and decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 7. The It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement Agreement, in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement. 8. The expense It is agreed that the expenses of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision Chairperson of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerUnion. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. 1. The Arbitration Board referred to in step 2 (ac) The Board of Arbitration the immediately preceding Article shall be composed of three one (31) members and shall be established as follows: Within ten Employer representative, one (101) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Union representative and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union two representatives so selected shall, within five fourteen (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (514) days of the appointment of the impartial Chairmansecond of them, appoint a third person who shall act as Chairperson. If the respective representatives fail to agree upon the appointment of the third arbitrator, the Chairperson of the Saskatchewan Labour Relations Board of Arbitration shall sit will then be asked to consider the matter in dispute and shall render appoint such third arbitrator. If either party fails to name its appointee to a decision Board within fourteen (14) days after its first session. It is understood and agreed of being notified that the time limits as set forth herein may dispute is to be altered by mutual agreement between referred to a Board of Arbitration, the Employer Chief Justice of the Court of Queen's Bench for the Province of Saskatchewan shall be asked to name such appointee and the Unionperson so named shall be deemed to be the appointee of the party that failed to name his appointee. 2. No person shall serve on a the Board of Arbitration who if he is involved or directly interested in the labour controversy under local consideration. 3. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance and shall specify which articles of this Agreement have allegedly been violated. In This specification of articles violated shall not prevent the Union from using the entire Collective Agreement to present its case; such specification shall serve merely as an outline of the violation. 4. When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 5. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned and the parties agree that they will accept the decision as final and binding. 6. It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify modify, or alter this Agreement in any of its parts, but . The Board may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. 7. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings shall each bear its own expense with respect to the preparation and decision presentation of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed matter to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined Arbitration, including the cost of their respective appointees to have been for an improper causethe Board, and both parties shall share equally the fees of the Chairman of the Board may order of Arbitration. 8. Nothing in this Article shall prohibit the reinstatement of parties from agreeing to a single Arbitrator. Should the employee and may award him or her full or part back payparties agree to a single Arbitrator all relevant clauses in Article 18 shall apply.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. (a) Within ten (10) days of the expiry of the fourteen (14) days is section 16 (c), either party may provide written notice to proceed to arbitration before a single Arbitrator. The Board of Arbitration following procedure will apply: i. the notice to arbitrate shall be composed contain the names of three (3) members and proposed Arbitrators. ii. the other party shall be established as follows: Within respond within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative either agreeing to serve on the Board of Arbitration. The representative one of the Employer and proposed Arbitrators or suggesting a list of three (3) other alternatives. iii. if the representative of parties do not reach agreement on a single Arbitrator within a further ten (10) days, either party may apply for an Arbitrator to be appointed under the Union shallLabour Code. iv. Where the parties mutually agree, within five a three (53) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein person arbitration board may be altered by mutual agreement between the Employer and the Unionappointed in place of a single Arbitrator. No person shall serve on a Board of Arbitration as an Arbitrator who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Arbitrator or Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Arbitrator or Board of Arbitration shall be governed by the provisions of this the Agreement. The Arbitrator or Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator or Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her their full or part back pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall consist of a single Arbitrator, who shall be composed one of three (3) members the persons named in 18.05, and shall be established selected as follows: Within ten (10: a) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve The person named on the Board of Arbitrationschedule who has the number 1 beside his name shall hear and decide the first arbitration. b) The person named on the Schedule who has the number 2 beside his name shall hear and decide the second arbitration case held after the said date, and so on until the last person named on the Schedule has heard and decided an arbitration case. The representative of Thereafter the Employer person who has the number 1 beside his name shall hear and decide the representative of the Union shallnext case, within five (5and so on. c) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of that the nominees of person whose turn it is to be Arbitrator is unwilling or unable to hear and decide the Union and the Employer to agree upon a Chairman case within the five thirty (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (1430) days after its first session. he is contacted, or in the event that that such person is directly interested or involved in the outcome of the controversy under consideration, then in any such event that person shall be passed over in favor of the person next named in 18.05. 18.02 It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances . 18.03 Any grievance submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, may however interpret its provisions. The expense of the Arbitrator arbitrator shall be borne equally by the Employer and the Union Union, unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. . 18.04 The Arbitrator shall be an Arbitrator mutually agreed have the power to by the Union ameliorate any penalty or disciplinary measure and the Employer. (c) In in the case of any grievance involving a discharge which shall be entitled to substitute lesser disciplinary penalty than was imposed by the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.Employer. 18.05 Arbitrators: 1. Xxxxxx Xxxxx 2. Xxxx XxXxxxxxxx 3. Xxxxx Xxxxx 4. Xxxx Xxxxx 5. Xxxxx Xxxxx 6. Xxx Xxxxxx

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative Representative to serve on the Board of Arbitration. The representative Representative of the Employer and the representative Representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Board of Arbitration. (a) 13.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 13.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: follows (unless the parties mutually agree to a single arbitrator): Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board All controversies as to the interpretation and application of Arbitration shall this Agreement that cannot be composed settled by the representatives of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Company and the Union shall each select a representative be submitted to serve on the Board of Arbitration. The representative of Board shall be composed of: One Company representative; One Union representative; One person acceptable to both the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to who shall act as Chairman. In It is agreed that the event of failure expenses of the nominees of impartial Chairman shall be borne, equally, by both the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionEmployer. No person shall serve on a this Board of Arbitration who if is involved or directly interested in the controversy under local consideration. Grievances submitted to an taken before the Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. In reaching its decision, It is distinctly understood that the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement in or any of its parts, but . The Board may, however, interpret its provisions. The expense the provisions of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by lawthis agreement. The findings and decision decisions of the Board of Arbitration shall be binding and enforceable on all parties. A decision Where both parties agree a single Arbitrator may be selected. ARTICLE HEALTH AND SAFETY The employer shall establish a Health and Safety Committee during the term of this Collective Agreement. There shall be a majority monthly joint Health and Safety Committee meeting. Employee representatives shall be elected from Delivery, Grocery days, Grocery evenings, Produce days and Produce eveni The Chairpersons of these committees shall be rotated between employees and management. The committees may utilize internal experts or the Occupational Health and Safety Division of the Board Government of Arbitration Alberta to provide advice in the event the committee is deadlocked. Employee committee members' attendance at Health and Safety meetings shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure considered regular time worked and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreementpaid for as such. The Arbitrator Employer shall not be vested with the power supply rubber boots, gloves and aprons without cost to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisionsemployees for handling wet produce merchandise. The expense apparel shall at all times remain the property of the Arbitrator shall be borne equally by the Employer and be kept on company premises and shall be properly taken care of by the Union unless otherwise provided by lawemployee. The findings and decision towards their new boot purchase. Every eighteen months there employees will be reimbursed of the Arbitrator shall cost of their new boots to a of Employees who restrict their availability to (2) two shifts or less per week will be binding treated as new hires for the purpose of boot allowance. high quality boots are purchased and enforceable the boots wear out, the Company may elect to reimburse the cost of new boots on all partiesthe above basis prior to the month periods. The Arbitrator shall agrees to reimburse employees for of the cost of coveralls or jackets to a maximum of after ratification and as required thereafter but not more than once every year. A receipt must be an Arbitrator mutually agreed to provided and the jacket must meet the specifications set out by the Union and the Employercompany. Company agrees to reimburse any employees who submit a receipt within three (3) weeks of submitting receipt. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 1. The Board of Arbitration shall be composed of three (3) members one Co-operative representative, one Union representative and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative one person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member Co- operative who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days in respect of the appointment of the Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board matter shall be referred to the Minister of Arbitration Labour, who shall sit be asked to consider the matter in dispute and act as Chairperson or shall render be asked to appoint a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionChairperson. 2. No person shall serve on a the Board of Arbitration who is if they are involved or directly interested in the labour controversy under local consideration. 3. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 4. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 5. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 6. It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement Agreement, in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement. 7. The It is agreed that the expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision Chairperson of the Board of Arbitration shall be binding borne equally by the Co-operative and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the BoardUnion. (b) In the case of dismissal of an employee8. The parties may agree to have a single Arbitrator hear a grievance and, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decisionin such case, the Arbitrator shall possess the same powers and be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power subject to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense all of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the same limitations as a Board of Arbitration has determined to have been for an improper causeas constituted in this Article. When rendering a decision, such decision shall be final and binding on the Board may order the reinstatement of the employee and may award him or her full or part back payparties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: follows (unless the parties mutually agree to a single arbitrator): Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 15.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a the majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by 15.02 By mutual agreement of the Union and the Employer. A final and binding decision will parties a grievance may be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power referred to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by third party who shall: (a) investigate the Union and difference; (b) define the Employer.issue; and (c) In make written recommendations to resolve the case of discharge which difference within five days from the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement date of the employee and may award him or her full or part back payreceipt of the request. The recommendations of the third party shall be binding upon the parties.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. 7.01 In the event that any grievance arising from the interpretation, application, administration or alleged violation of this Agreement has not been finally decided under the procedure set forth in Article 6, and all steps of that procedure have been exhausted, then such grievance may be submitted to arbitration. 7.02 A grievance submitted to arbitration shall be referred to: (a) The One arbitrator, if the Company and the Union agree, to arbitration by a mutually selected Arbitrator as provided in Section 7.04, or if the Company and Union do not so agree. (b) A Board of Arbitration which shall be composed consist of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on appointed by the Board of Arbitration. The Company, a representative of appointed by the Employer Union, and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairman. 7.03 The expenses of the Board of Arbitration. Within five (5) days Arbitrator or of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer Company and the Union unless otherwise provided Union, and the expenses of the representative of each party shall be borne by lawthe party appointing him. 7.04 The party desiring arbitration shall notify the other party thereof in writing within the time limits specified in Article 6. Said notice shall contain the written statement of the grievance in the form in which it was considered under the Grievance Procedure. If the party desiring arbitration wishes to have the grievance referred to one Arbitrator, then said notice shall contain a request therefore. If the party desiring arbitration wishes to have the grievance referred to a Board of Arbitration, then said notice shall specify the name of that party's appointee to the Board. If, after receipt by a party of the notice containing a request for a referral to one Arbitrator, the parties agree in writing upon a mutually-selected Arbitrator to whom the grievance submitted for arbitration is to be referred, then said grievance shall be referred to said Arbitrator. If the parties fail to so agree within ten (10) days of said receipt, the grievance submitted for arbitration shall be referred to the Board of Arbitration, and the party desiring arbitration shall notify the other party in writing of the name of its appointee to the Board within the next ten (10) days. 7.05 The findings and decision of the Arbitrator or of the Board of Arbitration shall be is final and binding upon the parties and enforceable on all partiesupon any employee affected by it. A The decision of a majority of is the Board of Arbitration shall be deemed to be a decision of the Board, but if there is no majority the decision of the Chairman governs. (b) 7.06 In any grievance involving the case of dismissal discharge of an employee, it is understood that the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitratorArbitration Board or Arbitrator may, within thirty (30) days based on its judgment of the notice to proceed to arbitration having been received by facts of the Employer. This thirty (30) day period case, impose a lesser penalty. 7.07 Any time limit set out in the Grievance Procedure and/or Arbitration Procedure may be extended waived by mutual agreement of between the Union Company and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerUnion. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The 21.01 A grievance which is not settled under the terms of Article 20 may be referred to a Board of Arbitration and in such case the provisions of this Article shall be composed apply. 21.02 The party referring the grievance to arbitration shall, by mail, give notice of three (3) members the referral to arbitration and the notice shall be established as follows: contain the name and address of the party’s nominee to the Board of Arbitration. 21.03 Within ten (10) working days (excluding Sundays and holidays) following after receipt of such noticethe notice referred to in Article 21.02 herein, the Employer Company shall reply by mail indicating the name and the Union shall each select a representative address of its nominee to serve on the Board of Arbitration. . 21.04 The representative of the Employer and the representative of the Union shall, two (2) nominees shall within five ten (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (510) days of the appointment of the impartial Chairmansecond of them, select and appoint a third member for the Board who shall be the Chairperson of the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionArbitration. No person shall serve on as a member of a Board of Arbitration who where that person is directly involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board issue at dispute. 21.05 If agreement cannot be reached within seven (7) days of the appointment of the second member of the Board, then the Minister of Labour shall be in writing and shall clearly specify the nature requested to appoint a chairperson. 21.06 Where a Board of the issue. In reaching its decisionArbitration determines that an employee has been discharged or otherwise disciplined unfairly, the Board of Arbitration shall be governed by may substitute such other penalty for the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify discharge or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of discipline as the Board of Arbitration shall be binding deems just and enforceable on all parties. A reasonable in the circumstances. 21.07 The decision of a majority of the Board of Arbitration shall be deemed to be a the decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure Board and the matter shall be heard final, binding and enforceable on the parties provided however, that the Board may not by a sole arbitratorits decision add to, within thirty (30) days subtract from, xxxxxx, waive, abridge or alter any of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement terms of the Union and Agreement in any way, nor render a decision on any matter which is inconsistent with the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the specific provisions of this Agreement. The Arbitrator . 21.08 Each party shall not be vested with pay the power to change, modify or alter this Agreement in any fees and expenses of its parts, but may, however, interpret its provisions. The expense nominee and each party shall pay one-half (50%) of the Arbitrator shall be borne equally by the Employer fees and the Union unless otherwise provided by law. The findings and decision expenses of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employerchairperson. (c) In the case of discharge which 21.09 When the Board of Arbitration has determined to have been for an improper causeformed in accordance with this Article, it shall meet and hear the Board may order the reinstatement evidence of the employee both sides and may award him or her full or part back pay.render a decision within thirty

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia Relations Board (B.C.) shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. Where both parties mutually agree, there shall be selected or appointed a sole Arbitrator instead of a three (3) person Board of Arbitration, who shall be vested with the same jurisdiction, power and authority as the Board of Arbitration described above. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia Relations Board (B.C.) shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee. Where both parties mutually agree, the Employer agrees to waive the normal arbitration procedure and the matter there shall be heard by selected or appointed a sole arbitratorArbitrator instead of a three (3) person Board of Arbitration, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator who shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the same jurisdiction, power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which authority as the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back paydescribed above.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative Representative to serve on the Board of Arbitration. The representative Representative of the Employer and the representative Representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 18.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her them full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative Representative to serve on the Board of Arbitration. The representative Representative of the Employer and the representative Representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 18.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) A. The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative Representative to serve on the Board of Arbitration. The representative Representative of the Employer and the representative Representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees nominee of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of labour for British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute dispute, and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three one (31)) members member and shall be established as follows: : (b) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Co-operative and the Union shall each select a representative person to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer Co-operative to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia Labour Relations Board shall be immediately requested to name a third member person who shall act as Chairman Chairperson of the Board of Arbitration. Board. (c) Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration arbitrator shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer Co-operative and the Union. . (d) No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. . (e) In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. . (f) The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve an xxxxxxxxxx.xx agree on an arbitrator, either party may seek appointment of an arbitrator under the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of ArbitrationRelations Code. Within five (5) days of the appointment of the impartial Chairmanan arbitrator, the Board of Arbitration arbitrator shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration as arbitrator who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board arbitration shall be in writing and shall clearly specify the nature of the issue. In reaching its a decision, the Board of Arbitration arbitrator shall be governed by the provisions of this Agreement. The Board of Arbitration arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration arbitrator shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full them full, or part back pay. 1. Expedited Arbitration may be proposed by the Union or the Employer within forty-five (45) days after the grievance has been filed as per Section 15. Within fourteen (14) days of referral to Expedited Arbitration either party must respond as to their decision to proceed to Expedited Arbitration or Arbitration under Section 19. Provided that the Union and the Employer mutually agree to an Expedited Arbitration the following five

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Co-operative and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer Co-operative and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer Co-operative to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer Co-operative and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 15.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a the majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by 15.02 By mutual agreement of the Union and parties a grievance may be referred to an agreed to third party who shall: a. investigate the Employer. A final and binding decision will be handed down difference; b. define the issue; and c. make written recommendations to resolve the difference within thirty (30) five days from the date of the Expedited Arbitration case being held. In reaching its decision, receipt of the Arbitrator shall be governed by the provisions of this Agreementrequest. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense recommendations of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator third party shall be binding and enforceable on all upon the parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 1. The Board of Arbitration shall be composed of three (3) members one Co-operative representative, one Union representative and one person acceptable to both the Union and the Co-operative who shall act as Chairperson. If agreement cannot be established as follows: Within reached within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative in respect of the Employer and the representative appointment of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board matter shall be referred to the Minister of Arbitration Labour, Province of Saskatchewan, who shall sit be requested to consider the matter in dispute and shall render appoint a decision within fourteen (14) days after its first sessionChairperson. It is understood and agreed that the time limits as set forth herein If both parties agree, a single Arbitrator may be altered by mutual agreement between used as an alternative to the Employer and above. The single Arbitrator would be agreed upon or appointed in the Unionsame manner as a Chairperson. 2. No person shall serve on a the Board of Arbitration who or act as single Arbitrator if he/she is involved or directly interested in the labour controversy under local consideration. 3. Grievances submitted to an taken before the Board of Arbitration Board or the single Arbitrator shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 4. In When the Board of Arbitration or the single Arbitrator has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 5. The Board of Arbitration or the single Arbitrator, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this AgreementAgreement and the decision of a majority of the Board, or of the single Arbitrator, shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 6. The It is distinctly understood that the Board of Arbitration shall or the single Arbitrator is not be vested with the power to change, modify or alter this Agreement in any of its parts, but . They may, however, interpret its provisionsthe provisions of this Agreement. 7. The expense It is agreed that the expenses of the impartial Chairman Chairperson of the Board of Arbitration, or the single Arbitrator, shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the BoardUnion. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The Parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Co-operative and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer Co-operative and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer Co-operative to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer Co-operative and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer Co operative and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all partiesParties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her the employee full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The If the Union and the Company Representatives can- not reach an adjustment, upon request of either party, the grievance shall be submitted to a Board of Arbitration shall be composed com- posed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such noticemembers, the Employer or a Chairman only if agree- able to both parties. The Company and the Union shall each select one member and the third member xxxxxxx electedby mutual agree- ment of the two (2) members first elected. The third member shall be impartial and possess skill and knowledge of labour management relations. The third member shall act as Chair- man of the Board. If agreement cannot be reached within fif- teen (15) calendar days (excluding Saturdays and Sundays) in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister of Xx- xxxx for the Province of Ontario who shall appoint one. No person involved directly in the controversy under considera- tion shall be a representative to serve on member of the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit receive and consider such material evidence and contentions as the parties may offer and make such independent investigation that it deems I to consider the matter in dispute a full understanding and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature determination of the issueissues involved. In reaching its decision, the Arbitration Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify modify, or alter any of the terms of this Agreement. All grievances submitted shall present arbi- trable issue under this Agreement in and shall not depend or involve an issue or contention by either party which is con- trary to any provision of its partsthis Agreement, but may, however, interpret its provisions. The expense or which involves the determination of a subject matter not covered by or aris- ing during the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by lawterm of this Agreement. The findings and decision of the Board of Arbitration Arbitra- tion on all arbitrable questions shall be binding and enforceable enforce- able on all parties. A decision of a majority It is the intention of the Board parties that this Article shall provide a peaceful method of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision adjusting grievances so that there will be handed down within thirty (30) days no suspension or interruption of the Expedited Arbitration case being heldnormal op- erations as a result of any grievance. In reaching its decision, the Arbitrator The parties shall be governed by act in good faith in proceeding to adjust grievances in accordance with the provisions of in this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisionsArticle. The expense of the Arbitrator Chairman of the Board shall be borne equally by the Employer and parties to the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerArbitration. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay. (c) In the event an employee is terminated from employment, suspended or has a scheduling grievance, the grievance may be submitted to expedited arbitration under the following procedure. The grievance must be filed within ten (10) days of the incident indicating whether the employee is invoking expedited arbitration. If expedited arbitration is invoked by either party, the parties must meet within fifteen (15) days of the grievance to attempt to resolve the grievance. If the parties are unsuccessful in resolving the dispute, the grievance may be advanced to arbitration by referring the matter to any of Xxx Xxxxxxxxx, Xxxx Xxxxxx, Xxxxxxx Xxxxxxx or Xxxxx Xxxxxx on the dates of the parties earliest availability.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) ‌ 15.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a the majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by 15.02 By mutual agreement of the Union and parties a grievance may be referred to an agreed to third party who shall: a. investigate the Employer. A final and binding decision will be handed down difference; b. define the issue; and c. make written recommendations to resolve the difference within thirty (30) five days from the date of the Expedited Arbitration case being held. In reaching its decision, receipt of the Arbitrator shall be governed by the provisions of this Agreementrequest. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense recommendations of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator third party shall be binding and enforceable on all upon the parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

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Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, Representative so selected shall meet within five (5) days (excluding Sundays and holidays) after they have both been selected, and choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer Employer, to agree upon a Chairman within the five (5) day period days as specified, the Minister or Deputy Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. , Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a the Board of Arbitration who is involved or directly interested inter- ested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, decision the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union Union, unless otherwise provided by law. The findings and decision the decisions of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a the majority of the Board of Arbitration shall be deemed to be a decision of the Board.. As an alternative to the above, the parties may agree to the following: The grievance may be referred to a single arbitrator by notice in writing to the other party within thirty calendar days of the decision in the second step of the griev- ance procedure. The party requesting arbitration shall notify the other party by specifying a list of three names it is willing to accept as a single Arbitrator. The party receiving the notice shall either accept one of the persons suggested to act as the Arbitrator, or if it does not accept any of the persons, notify the other party accordingly and send a list of three names it is willing to accept as a single Arbitrator. If the parties are unable to agree within twenty working days after the request for arbitration on a person to act as a single Arbitrator, either party may request in writing that the Director of Mediation Services of the Province of Alberta appoint a single Arbitrator, ARTICLE GUARANTEED WORK WEEK This Section shall apply only to those employees who are permanent full-time employees of the Employer. For the purpose of this Section “full-time permanent employees” shall mean any employees employed on a full-time basis for a period of time exceeding three con- secutive months. Where an employee entitled to the guaranteed work week is called to work dur- ing the week they shall be entitled to receive pay not less than on the following basis each year: January to May receive thirty hours pay for that week; June 1 to December thirty-six hours pay for that week; regardless of the fact that such employee may not work for that many hours. Effective July employees the period between January 1 to May upon completing thirty calendar days of employment with the Employer shall receive thirty hours pay regardless of the fact that such employee may not work for that many hours. The following provisions shall apply in this regard: (b) In a] The Employer will adjust employees in proportion to the case work available or expected to be available. To provide such regular employees with guaranteed hours of dismissal of an employeework, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitratorfree to distribute within departments and to transfer employ- ees from one department to another, within thirty (30) days reasonable consideration being given to seniority, ability and to any extreme change in physical working conditions, The Employer expects all employees will perform conscientiously, what- ever task may be assigned to them in their respective departments. If any employee refuses to perform the work assigned to them, the Employer shall be absolved from any guarantee in respect of the notice work performed during that week. Starting Rate $ After 3 months After 6 months Starting Rate $ After 6 months After months After months After months Portion scale Operators Graders $ Operators Evisceration line First Aid (Full-time) Saw Operators Starting Rate After 3 months After 6 months Starting Rate $ After 6 months After months After months After months Assemble/sort orders Utility person Janitorial Truck and Crate Wash Vacuum Operator Turkey Trussing Turkey from tank to proceed line Massage Operator Grinder Operator Computerway Scale Op. Tub Washer Power Jack Operator Freezer hand/forklift Op. Maintenance Receiver-Shipper Truck Driver Live Hangers Poultry Killer Lead Hand Working Xxxxxxx Engineers $ *CLASS I These positions will not require an employee to arbitration having been received lift in excess of thirty five pounds at any one time during the performance of their duties. Effective the date of ratification, all employees on payroll who have completed their probation- ary period will receive retroactive pay on all hours paid since March Employees who have terminated their employment prior to the date of ratification shall have calender days sub- sequent to the date of ratification to apply for retroactive pay. Any employee who has completed in excess of six months service and who is assigned to a classified position, shall receive the classified rate of pay for all hours worked on the Job. Effective the date of ratification this rate will increase to Al-l-ENDANCE PROGRAM Whenever an employee is unable to attend work a loss is incurred both by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union employ- ee and the Employer. A final and binding decision We all understand that there will be handed occasions during everyone’s work life when they will be unable to attend work, but it would seem to make good sense to work together to find ways of avoiding the avoidable absences, or working together in a genuine attempt to create and maintain an environment both physical and social that will promote regular attendance at work, along with an understanding that we have a shared interest in low- ering the incidence of absence. The Attendance Program was a first attempt to start down within thirty (30) days this road of co-oper- ation. Some of the Expedited Arbitration case being heldemployees found the program intimidating and felt it was negative, rather than positive, as intended. In reaching its decision, Hopefully the Arbitrator shall be governed by the provisions of this Agreementfollowing revisions will help to alleviate these impressions. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.SECOND PART

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. The grievance may be referred to a single arbitrator by notice in writing to the other party within thirty (a30) calendar days of the decision in the second step of the grievance procedure. The party requesting arbitration shall notify the other party by specifying a list of three (3) names it is willing to accept as a single Arbitrator. The party receiving the notice shall either accept one (1) of the persons suggested to act as the Arbitrator, or if it does not accept any of the persons, notify the other party accordingly and send a list of three (3) names it is willing to accept as a single Arbitrator. If the parties are unable to agree within twenty (20) working days after the request for arbitration on a person to act as a single Arbitrator, either party may request in writing that the Director of Mediation Services of the Province of Alberta appoint a single Arbitrator. As an alternative to the above, the parties may agree to the following: The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer Company and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, Representative so selected shall meet within five (5) days (excluding Sundays and holidays) after they have both been selected, and choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer Company, to agree upon a Chairman within the five (5) day period days as specified, the Minister or Deputy Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer Company and the Union. No person shall serve on a the Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, decision the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer Company and the Union Union, unless otherwise provided by law. The findings and decision the decisions of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a the majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 25.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 14.1. The parties shall first seek to have an arbitration proceed with a single, agreed-upon, arbitrator. 14.2. If the parties are unable to agree on a single arbitrator, the Board of Arbitration shall be composed of three one (31) members Employer representative, one (1) Union representative, and shall be established as follows: Within ten one (101) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specifiedEmployer, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days in respect to the appointment of the Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration nominees for each party shall sit to consider be tasked with selecting a Chairperson. In the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed event that the time limits as set forth herein nominees cannot agree on a Chairperson, the parties may be altered by mutual agreement between seek a Chairperson pursuant to the Employer and the UnionArbitration Act (Saskatchewan). 14.3. No person shall serve on a the Board of Arbitration who is if they are involved or directly interested in the controversy labour dispute, or grievance, under consideration. 14.4. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 14.5. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 14.6. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement, and decision of a majority of the Board shall be taken to be the decision of the Board, and shall be final and binding on all the parties concerned. The Board of Arbitration shall render a decision within 14-days of an arbitration hearing. 14.7. It is distinctly understood that the Board of Arbitration is not be vested with the power to change, modify modify, or alter this Agreement Agreement, in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement, and apply the law. 14.8. The expense It is agreed that the expenses of the impartial Chairman of the Board of Arbitration shall be borne equally by the Employer and the Union unless otherwise provided by lawUnion. The findings and decision expenses of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator each party’s nominee shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employerparty. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Project Agreement

Board of Arbitration. (a) The 21.01 A grievance which is not settled under the terms of Article 20 may be referred to a Board of Arbitration and in such case the provisions of this Article shall be composed apply. 21.02 The party referring the grievance to arbitration shall, by mail, give notice of three (3) members the referral to arbitration and the notice shall be established as follows: contain the name and address of the party’s nominee to the Board of Arbitration. 21.03 Within ten (10) working days (excluding Sundays and holidays) following after receipt of such noticethe notice referred to in Article 21.02 herein, the Employer Company shall reply by mail indicating the name and the Union shall each select a representative address of its nominee to serve on the Board of Arbitration. . 21.04 The representative of the Employer and the representative of the Union shall, two (2) nominees shall within five ten (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (510) days of the appointment of the impartial Chairmansecond of them, select and appoint a third member for the Board who shall be the Chairperson of the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionArbitration. No person shall serve on as a member of a Board of Arbitration who where that person is directly involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board issue at dispute. 21.05 If agreement cannot be reached within seven (7) days of the appointment of the second member of the Board, then the Minister of Labour shall be in writing and shall clearly specify the nature requested to appoint a chairperson. 21.06 Where a Board of the issue. In reaching its decisionArbitration determines that an employee has been discharged or otherwise disciplined unfairly, the Board of Arbitration shall be governed by may substitute such other penalty for the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify discharge or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of discipline as the Board of Arbitration shall be binding deems just and enforceable on all parties. A reasonable in the circumstances. 21.07 The decision of a majority of the Board of Arbitration shall be deemed to be a the decision of the BoardBoard and shall be final, binding and enforceable on the parties provided however, that the Board may not by its decision add to, subtract from, modify, waive, abridge or alter any of the terms of the Agreement in any way, nor render a decision on any matter which is inconsistent with the specific provisions of this Agreement. 21.08 Each party shall pay the fees and expenses of its nominee and each party shall pay one-half (b50%) In of the case fees and expenses of dismissal the chairperson. 21.09 When the Board of an employeeArbitration has been formed in accordance with this Article, it shall meet and hear the Employer agrees to waive the normal arbitration procedure evidence of both sides and the matter shall be heard by render a sole arbitrator, decision within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union after it has completed its hearings and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employerinvestigations. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 1. The Board of Arbitration shall be composed of three (3) members one Co-operative representative, one Union representative and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative one person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member Co-operative who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days in respect of the appointment of the Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board matter shall be referred to the Minister of Arbitration Labour, who shall sit be asked to consider the matter in dispute and act as Chairperson himself or shall render be asked to appoint a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionChairperson. 2. No person shall serve on a the Board of Arbitration who if he is involved or directly interested in the labour controversy under local consideration. 3. Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 4. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 5. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 6. It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement Agreement, in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement. 7. The It is agreed that the expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision Chairperson of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by lawUnion. 8. The findings Parties may agree to the appointment of a single arbitrator to hear and decision determine the matter. Costs of the Arbitrator shall arbitrator will be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to shared equally by the Union and the EmployerParties. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) 18.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single Arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 18.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) Within ten (10) days of the expiry of the fourteen (14) days is section 16 (c), either party may provide written notice to proceed to arbitration before a single Arbitrator. The Board of Arbitration following procedure will apply: i. the notice to arbitrate shall be composed contain the names of three (3) members and proposed Arbitrators. ii. the other party shall be established as follows: Within respond within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative either agreeing to serve on the Board of Arbitration. The representative one of the Employer and proposed Arbitrators or suggesting a list of three (3) other alternatives. iii. if the representative of parties do not reach agreement on a single Arbitrator within a further ten (10) days, either party may apply for an Arbitrator to be appointed under the Union shallLabour Code. iv. Where the parties mutually agree, within five a three (53) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein person arbitration board may be altered by mutual agreement between the Employer and the Unionappointed in place of a single Arbitrator. No person shall serve on a Board of Arbitration as an Arbitrator who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Arbitrator or Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Arbitrator or Board of Arbitration shall be governed by the provisions of this the Agreement. The Arbitrator or Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator or Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her their full or part back pay. (d) Trouble Shooter i. Either party may refer grievances to this process upon providing the other party with three (3) weeks’ notice of a grievance being referred. Both parties must agree before a grievance is placed on the troubleshooter agenda. ii. Only grievances where the parties have shared all relevant information regarding the grievance and all reliance documents and facts have been exchanged shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner. iii. New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow a fair opportunity for analysis and reply. iv. Decisions of the troubleshooter shall be in writing but shall be without prejudice, non- precedent setting and shall be publicized. v. Legal counsel shall be optional for either party. vi. The parties shall develop other procedures or guidelines as necessary.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The If the Union and the Company Labour Representative cannot reach an adjustment, upon request of either party, the grievance shall be submitted to a Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer members. The Company and the Union shall each select one (1) member, and the third member shall be selected by mutual agreement of the two (2) members first selected. The third member shall be impartial and possess knowledge of Labour- Management Relations. The third member shall act as the Chairman of the Board. If agreement cannot be reached within seven (7) days in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the Minister of Labour of the Province of Alberta, who shall appoint a representative to serve on Chairman. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to receive and consider such material evidence and contentions as the matter in dispute parties may offer, and shall render make such independent investigation as it deems essential to a decision within fourteen (14) days after its first session. It is understood full understanding and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature determination of the issueissues involved. In reaching its decision, the Arbitration Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its partsthe terms of this Contract. All grievances submitted shall present an arbitrable issue under this Contract and shall not depend on, but mayor involve an issue or contention by either party which is contrary to any provision of this Contract, however, interpret its provisions. The expense or which involves the determination of a subject matter not covered by or arising during the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by lawterm of this Contract. The findings and decision of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In . It is the case intention of dismissal the parties that this Article shall provide a peaceful method of an employee, the Employer agrees to waive the normal arbitration procedure and the matter adjusting grievances so that there shall be heard by no suspension or interruption of normal operations as a sole arbitrator, within thirty (30) days result of the notice any grievance. The parties shall act on good faith in proceeding to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by adjust grievances in accordance with the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisionsArticle. The expense of the Arbitrator Chairman shall be borne equally by the Employer and parties to the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerArbitration. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of a single Arbitrator agreed to between the parties. The parties may by mutual consent agree upon a three (3) members and shall be established as follows: Within person Arbitration Board. In that case, within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative Representative to serve on the Board of Arbitration. The representative Representative of the Employer and the representative Representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees nominee of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of for British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union Union, unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: a single arbitrator. Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve as on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its a decision, the Board of Arbitration Arbitrator shall be governed by the provisions of this Agreement. The Board of Arbitration Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration Arbitrator shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration Arbitrator has determined to have been for an improper cause, the Board may Arbitrator shall order the reinstatement of the employee and may shall award him or her full or part back pay. (c) In the event an employee is terminated from employment a grievance may be submitted to expedited arbitration under the following procedure. The grievance must be filed within ten (10) days of the termination indicating whether the employee is invoking expedited arbitration. If expedited arbitration is invoked by either party, the parties must meet within fifteen (15) days of the termination to attempt to resolve the grievance. If the parties are unsuccessful in resolving the dispute, the grievance may be advanced to arbitration by referring the matter to any of Xxxx Xxxxxx, Xxxxxxx Xxxxxxx or Xxxxx Xxxxxx on the dates of the parties earliest availability.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. If the procedures set forth in Section 17, Step A and Step B do not result in a solution being reached within twenty-one (a21) The Board days of Arbitration shall be composed the first discussion between a Union Representative and a representative of three (3) members and shall be established the Employer, or within such further period as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union agree to in writing, the dispute shall each select a representative be referred to serve on an agreed upon single Arbitrator who will meet with the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees authorized representatives of the Union and the Employer to hear both sides of the grievance. Should the parties not agree upon a Chairman on an arbitrator within three (3) weeks of the five (5) day period specified, referral to arbitration then either party may apply to the Minister of Labour of British Columbia shall be immediately requested or the Arbitration Bureau establish under the Labour Relations Code to name a third member who shall act as Chairman of the Board of Arbitrationappoint an arbitrator. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision Any grievance which is not advanced within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein out in Section 17 shall be forfeited and waived. The parties may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested agree to extend any time limits in the controversy under considerationgrievance and arbitration procedure. Grievances submitted The Arbitrator shall endeavour to an Arbitration Board shall be in writing and shall clearly specify the nature hand down his/her decision within three (3) weeks following completion of the issuehearing. In reaching its decisionThe Arbitrator shall not have authority in any manner to amend, the Board of Arbitration shall be governed by the alter or change any provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer expenses and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense remuneration of the Arbitrator shall be borne equally paid by the Employer parties in equal shares. In the event of a group or policy grievance, the parties have the option to refer the matter to a three (3) person arbitration panel. In such case the parties will be responsible for the expenses and the Union unless otherwise provided by lawremuneration of their designate to such arbitration panel. The findings and decision grievance must be filed within ten (10) days of the Arbitrator shall be binding and enforceable on all partiesincident indicating whether the employee is invoking expedited arbitration. The Arbitrator shall be an Arbitrator mutually agreed to If expedited arbitration is invoked by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper causeeither party, the Board may order the reinstatement parties must meet within fifteen (15) days of the employee and grievance to attempt to resolve the grievance. If the parties are unsuccessful in resolving the dispute, the grievance may award him be advanced to arbitration by referring the matter to any of Xxx Xxxxxxxxx, Xxxx Xxxxxx, Xxxxxxx Xxxxxxx or her full or part back payXxxxx Xxxxxx on the dates of the parties earliest availability.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. 28.01 If the Union and the Employer’s representatives cannot reach a satisfactory settlement of a grievance under Section 27, then upon request by registered mail by either party within fourteen (a14) The days following the time limits set out in Article 27.06, but not thereafter, the grievance shall be submitted to a Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the or a Chairman only if agreeable to both parties. 28.02 The Employer and the Union shall each select a representative to serve on one member and the Board third member shall be selected by mutual agreement of Arbitrationthe two members first elected. The representative of the Employer third member shall be impartial and the representative of the Union shall, within five (5) days (excluding Sundays possess skill and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister knowledge of Labour of British Columbia shall be immediately requested to name a Management Relations. The third member who shall act as Chairman of the Board of ArbitrationBoard. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision If agreement cannot be reached within fourteen (14) days after its first session. It is understood and agreed that in respect to the time limits as set forth herein may appointment of the Chairman of the Board of Arbitration, the matter shall be altered by mutual agreement between referred to the Employer and Minister of Labour for the UnionProvince of Ontario who shall appoint one. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board consideration shall be in writing and shall clearly specify the nature a member of the issueBoard of Arbitration. 28.03 The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer and may make such independent investigation that it deems essential to a full understanding and determination of the issue involved. In reaching its decision, the Arbitration Board of Arbitration shall be governed by the provisions of this Agreement. . 28.04 The Board of Arbitration shall not be vested with the power to change, modify modify, or alter this Agreement in any of its partsthe terms of this agreement. All grievances submitted shall present an arbitrable issue under this agreement and shall not depend or involve an issue or contention by either party which is contrary to any provision of this agreement, but may, however, interpret its provisionsor which involves the determination of a subject matter not covered by or arising during the term of this agreement. 28.05 The decision of the Board of Arbitration on all arbitrable questions shall be final and binding on all parties. 28.06 It is the intention of the parties that this Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 28.07 The expense of the impartial Chairman of the Board shall be borne equally by the Employer and parties to the Union unless otherwise provided by law. The findings and decision arbitration. 28.08 All sittings of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days in the City of the Expedited Arbitration case being held. In reaching its decisionThunder Bay, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerOntario. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. 1. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. 14.01 (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator.) Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) 1. Any dispute or grievance presented under Article 17 of this Agreement that cannot be settled by representatives of the Co-operative and the Union shall be submitted to a Board of Arbitration at the request of either party. 2. The Board of Arbitration shall be composed of three (3) members one Co-operative representative, one Union representative and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative one person acceptable to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member Co-operative who shall act as Chairman Chairperson. If agreement cannot be reached within seven (7) days in respect of the appointment of the Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board matter shall be referred to the Minister of Arbitration shall sit Labour to consider appoint a Chairperson. The Parties may also agree to the matter use of a single Arbitrator. The single Arbitrator would be agreed upon or appointed in dispute and shall render the same manner as a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the UnionChairperson. 3. No person shall serve on a the Board of Arbitration who if he/she is involved or directly interested in the labour controversy under local consideration. 4. Grievances submitted to an A grievance taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issuegrievance. 5. In When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides and render a decision. 6. The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 7. It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement in any of its parts, but . The Board may, however, interpret its provisionsthe provisions of this Agreement. 8. The expense It is agreed that the expenses of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision Chairperson of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of or the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the single Arbitrator shall be borne equally by the Employer Co-operative and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the EmployerUnion. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be SECTION 1. There is hereby established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration, hereinafter referred to as the "Arbitration Board," for the purpose of adjusting disputes or grievances of any Crewmember which may arise under the terms of this Grievance Procedure and which are properly submitted to it after all steps for settling disputes or grievances, as set forth in Grievance Procedures and System Board of Adjustment have been exhausted. SECTION 2. The representative Arbitration Board shall consist of two (2) members of the Employer and the representative System Board of Adjustment elected by the Union shall, within five and two (52) days (excluding Sundays members selected by the Company and holidays) after they have both been selected, choose an additional a fifth member to act selected as Chairmanset forth below. SECTION 3. In the event any dispute or grievance is properly appealed to the Arbitration Board, the Union may request the National Mediation Board to provide a list of failure seven (7) names. The parties shall select one (1) name by alternately striking names from the list of seven (7) names. The order of striking shall be determined by lot for the first case in which a neutral member is chosen under the provision hereof and in subsequent cases, the parties shall alternate taking the first strike. SECTION 4. The Arbitration Board shall hear and determine the dispute or controversy as promptly as possible. The decision of the nominees majority of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing final, binding, and shall clearly specify conclusive to the nature of the issueparties thereto. In reaching its decision, the Board of Arbitration Such decision shall be governed by within the provisions scope and terms of this Agreement. The Board of Arbitration Agreement but shall not be vested with the power to change, modify or alter this Agreement in change any of its parts, but may, however, interpret its provisionsterms and conditions. The expense of the impartial Chairman shall All Arbitration Board hearings will be borne equally held at a place determined by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (bA) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days Each of the notice to proceed to arbitration having been received parties hereto shall assume the compensation, traveling expense, and other expenses of its Arbitration Board Members and witnesses called or summoned by the Employerit. This thirty (30) day period may be extended The party whose position is not sustained by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense pay all of the expenses of the fifth Arbitration Board Member, unless the Arbitrator should determine otherwise. (B) Should the Company or the Union independently request a "court reporter" be present at the hearing, the cost of the "court reporter" shall be borne equally by the Employer and requesting party, unless both parties request a "court report," then the Union unless otherwise provided by law. The findings and decision of the Arbitrator cost shall be binding and enforceable on all equally split between the parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Tentative Contract Agreement (Kitty Hawk Inc)

Board of Arbitration. (a) The Section 1 If the Union and the Company labour representative cannot reach an adjustment, upon request of either party, the grievance shall be submitted to a Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. members. Section 2 The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to receive and consider such material evidence as the matter in dispute parties may offer, and shall render make such independent investigation as it deems essential to a decision within fourteen (14) days after its first session. It is understood full understanding and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature determination of the issueissue involved. In reaching its decision, the Arbitration Board of Arbitration shall be governed by the provisions of this Agreement. . Section 3 The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its partsthe terms of this Agreement. All grievances submitted shall present an arbitration issue under this Agreement. Where the Board of Arbitration finds that an employee was dismissed or suspended for other than proper cause, but maythe Board of Arbitration may direct the Employer to reinstate the employee and pay to the employee, howevera sum equal to his/her wages lost by reason of his/her discharge or suspension, interpret its provisions. The expense or such lesser sum as in the opinion of the impartial Chairman shall be borne equally by the Employer Board is fair and the Union unless otherwise provided by law. reasonable. Section 4 The findings finding and decision of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In Section 5 It is the case intention of dismissal the parties that this Article shall provide a peaceful method of an employee, the Employer agrees to waive the normal arbitration procedure and the matter adjusting grievances so that there shall be heard by no suspension or interruption of normal operations as a sole arbitrator, within thirty (30) days result of the notice any grievance. The parties shall act in good faith in proceeding to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by adjust grievances in accordance with the provisions of this Agreement. The Arbitrator Article. Section 6 Each party shall not be vested with the power to change, modify or alter this Agreement in any of pay its partsown arbitrator, but may, however, interpret its provisions. The expense of all expenses incurred by the Arbitrator Chairman shall be borne equally by the Employer and parties to the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employerarbitration. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Board of Arbitration. (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: follows (unless the parties mutually agree to a single arbitrator): Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her them full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) The Board 24.01 Any dispute or grievance presented under Article 23 of Arbitration shall this Agreement that cannot be composed settled by representatives of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select be submitted to a representative to serve on the Board of ArbitrationArbitration at the request of either party. Such request for arbitration shall be made by one party to the other in writing within fifteen (15) working days of receiving the final written decision of the other, referred to in Article 23.03 (2). The representative request for arbitration shall be accompanied by the nomination of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member party’s representatives to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five one (51) days week after receipt of such request, the appointment of the impartial Chairman, other party shall nominate their representative to the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein Arbitration. 24.02 A single Arbitrator may be altered used in cases where both the Employer and the Union mutually agree. 24.03 The nominees and the Chairman as selected hereinafter or the Chairman alone as referred to in 24.02 shall constitute the Board of Arbitration. 24.04 The Chairman is to be selected by mutual agreement between the Employer and the Union. Union and if no agreement reached, the Chairman is to be selected by the Minister of Labour. 24.05 No person shall serve on a the Board of Arbitration who if he is involved or directly interested in the labour controversy under local consideration. . 24.06 Grievances submitted to an taken before the Board of Arbitration Board shall be submitted in writing and shall specify clearly specify the nature of the issue. In grievance. 24.07 When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear evidence of both sides and render a decision after it has completed its hearing and investigation. 24.08 The Board of Arbitration, in reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 24.09 It is distinctly understood that the Board of Arbitration shall is not be vested with the power to change, modify or alter this Agreement in any of its parts, but . The Board may, however, interpret its provisions. The expense the provisions of this Agreement. 24.10 It is agreed that the expenses and fee of the impartial Chairman of the Board of Arbitration shall be borne equally by the Employer and the Union unless otherwise provided by lawUnion. The findings fees and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement expenses of the Union and the Employer. A final and binding decision nominee will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the fees and expenses of the Employer nominee will be borne by the Employer. (c) In the case of discharge which the 24.11 The Board of Arbitration has determined shall have authority to have been for an improper causeuphold, change, modify, alter or dismiss the Board may order the reinstatement of the employee and may award him penalty in suspension or her full or part back paydismissal cases.

Appears in 1 contract

Samples: Collective Agreement

Board of Arbitration. (a) ‌ 13.01 The Board of Arbitration shall be composed of three (3) members and shall be established as follows: (The parties may, by mutual consent, agree upon a single arbitrator). Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as ChairmanChairperson. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman Chairperson within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman Chairperson of the Board of Arbitration. Within five (5) days of the appointment of the impartial ChairmanChairperson, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman Chairperson shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) 13.02 In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may shall order the reinstatement of the employee and may shall award him or her full or part back pay.

Appears in 1 contract

Samples: Collective Agreement

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