Board of Arbitrators Sample Clauses

Board of Arbitrators. The panel of arbitrators shall be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the Federal Mediation and Conciliation Service (FMCS) within thirty (30) working days of the signing of this Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six (6) month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the FMCS. The selected arbitrator shall be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator shall be submitted to the Employer and to the Association and shall be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from or eliminate any of the terms of this Agreement. The arbitrator shall have the power to return a grievant to bargaining unit member status with or without restoration of back pay or mitigate the penalty as equity suggests under the facts.

Board of Arbitrators. In any case in which a Board of Arbitrators shall be required under this Agreement, the Company and the Union shall each appoint one arbitrator and the two arbitrators so appointed shall appoint a third. No person may be named as an arbitrator who has participated directly in an attempt to settle the grievance. The arbitrators to be appointed by the Company and the Union shall be appointed within 10 days from the date of receipt of notice of arbitration. In the event that either party shall fail to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behalf of the defaulting party. If the grievance referred to a Board of Arbitration is settled prior to the hearing another outstanding grievance may be referred to the Board of Arbitration by mutual agreement of the Company and the Union.

Board of Arbitrators. The panel of arbitrators will be seven (7) Pacific Northwest arbitrators jointly requested by the Association and the Employer from the United States Federal Mediation and Conciliation Service (USFMCS) within thirty (30) working days of the signing of the Agreement. If either the Employer or Association so desires, a new panel of seven (7) arbitrators may be requested at the end of each six month period. This does not preclude the parties from compiling a mutually agreeable list without the assistance of the USFMCS. The selected arbitrator will be jointly contacted by the parties promptly to schedule a mutually satisfactory hearing date, time, and place for the arbitration. The arbitrator will issue his/her decision not later than thirty (30) working days from the date of the close of the hearings, or from the date the final statements and/or briefs are submitted to him/her. The written decision of the arbitrator will be submitted to the Employer and to the Association and will be final and binding upon the parties. The arbitrator shall have no authority to rule contrary to, to amend, add to, subtract from, or eliminate any of the terms of this Agreement. The Arbitrator can only modify a penalty or other management action by finding a contractual violation. The arbitrator shall have the power to return a grievant to employee status with or without restoration of back pay, or mitigate the penalty if the arbitrator determines there has been a contractual violation. Should either party fail or refuse to abide by the decision of the arbitrator, the prevailing party shall be free to take whatever action it deems necessary within the confines of this agreement.

Board of Arbitrators. In any case in which a Board of Arbitrators shall be required under this Agreement, the Company and the Union shall each appoint one arbitrator and the two arbitrators so appointed shall appoint a third. No person may be named as an arbitrator who has par- ticipated directly in an attempt to settle the grievance or direct difference. The arbitrators to be appointed by the Company and the Union shall be appointed within days from the date of receipt of notice of arbitration. If either party shall fail to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behalf of the defaulting party. Within a period of days from the later of the dates of their respective appointments the arbi- trators representing the Union and the Company shall try to agree upon the appoint- ment of a third arbitrator who shall act as chairman of the board. If they fail to so agree, the arbitrator appointed to represent the party which sent the notice of arbitration shall within a further period of days after the completion of such first mentioned period of days request the Labour-Management Arbitration Commission of Ontario to select a third arbitra- tor. However, if such request is not made with- in such further period of days then the grievance or direct difference will be deemed to have been abandoned. The Board of Arbitrators shall hear and deter- mine the grievance or direct difference and shall issue a decision. Such decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chairman shall govern. In no event shall the Board of Arbitrators be authorized to alter, modify or amend any part of this Agreement. Single Arbitrator

Board of Arbitrators. In any case in which a Board of Arbitrators shaII be required under this Agreement, the Company and the Union shaII each appoint one arbitrator and the two arbitrators so appointed shaII appoint a third. No person may be named as an arbitrator who has participated directIy in an attempt to settIe the grievance. The arbitrators to be appointed by the Company and the Union shaII be appointed within 10 days from the date of receipt of notice of arbitration. In the event that either party shaII faiI to appoint an arbitrator within the time provided, the other party may request the Minister of Labour of the Province of Ontario to appoint an arbitrator on behaIf of the defauIting party. If the grievance referred to a Board of Arbitration is settIed prior to the hearing another outstanding grievance may be referred to the Board of Arbitration by mutuaI agreement of the Company and the Union.

Board of Arbitrators. Notwithstanding the foregoing provisions respecting the engagement of a Sole Arbitrator, if one party so proposes, a Board of Arbitration shall be chosen to act in the same capacity and having the same powers as a Sole Arbitrator. The party seeking the establishment of a Board of Arbitration shall notify the other party within ten (10) days of the expired time limit for the last step of the Grievance Procedure, of its intention to proceed to Arbitration and at the same time shall name its nominee. a. The recipient of the notice shall, within ten (10) days of the receipt of the notice, name its nominee to the Board of Arbitration. b. The two (2) nominees shall endeavour to agree upon a third person to act as Chairperson within fifteen (15) days of the appointment of the second nominee. If the nominees fail to agree on a Chairperson, either one of them may request that the applicable government Ministry make the appointment. c. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto. d. Each of the parties shall be responsible for the fees and expenses of its nominee and its own witnesses. The fees and expenses of the Chairperson shall be shared equally by the parties to this Agreement