Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. is clearly understoodthat the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedfor. Any problemswith respectto the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: the Union or Employer shall file a written grievance within ten days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within ten days of filing a grievance, the parties shall meet with a view to resolving the grievance. if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by and/or take such other steps as may be in opinion appropriate. the arbitrator may in discretion attempt to assist the parties in settling the dispute. the arbitrators for this process shall be and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the arbitrator shall render a decisionwithin ten (IO) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the fees and expenses of the arbitrator shall be shared equally by the Employerand the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. this process shall commence immediatelyfor all self insured benefits. Upon the expiry of any contracts of insurancefor benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. exercise of these rights. the decision of the arbitrator shall not have any value as a precedent in a subsequent case.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's ’s obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims claim is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: the The Union or Employer shall file a written grievance within ten days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within Within ten days of filing a grievance, the parties shall meet with a view to resolving the grievance. if If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to or be selected alternately from the list of arbitrators hereinafter provided. the The arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; , hear evidence or submissions by conference call; , receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the The arbitrator may in discretion discretion, attempt to assist the parties in settling the dispute. the The arbitrators for this process shall be Xxxxx Xxxxxxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the The arbitrator shall render a decisionwithin decision within ten (IO) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the The fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-insured insured, and by the insurers and the Union where the benefit is insured. this This process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer insured to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed process as though it is a self-insured benefit. The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the The decision of the arbitrator shall not have any value as a precedent in a subsequent case.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims claim is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: the The Union or Employer shall file a written grievance within ten (IO) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within Within ten (IO) days of filing a grievance, the parties shall meet with a view to resolving the grievance. if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to or be selected alternately from the list of arbitrators hereinafter provided. the The arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; , hear evidence or submissions by conference call; , receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the The arbitrator may in discretion discretion, attempt to assist the parties in settling the dispute. the The arbitrators for this process shall be Xxxxx Xxxxxxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the The arbitrator shall render a decisionwithin decision within ten (IO) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the The fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-insured insured, and by the insurers and the Union where the benefit is insured. this This process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer insured to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed process as though it is a self-insured benefit. The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the The decision of the arbitrator shall not have any value as a precedent in a subsequent case. If, in the opinion of any party, a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary g ration process. Any such dispute already underway, in respect of which an arbitrator has not been appointed, shall proceed under this process. This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's ’s obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits and the Weekly Indemnity Plan shall be resolved as follows: :
(i) the Union or Employer shall file a written grievance within ten (10) working days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. .
(ii) within ten (10) working days of filing a grievance, the parties shall meet with a view to resolving the grievance. .
(iii) if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. .
(iv) the arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. .
(v) the arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. the .
(vi) The arbitrators for this process shall be Xxxx Xxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. Xxxxx Xxxxxxx.
(vii) the arbitrator shall render a decisionwithin decision within ten (IO10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. .
(viii) the fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-self- insured and by the insurers and the Union where the benefit is insured. .
(ix) this process shall commence immediatelyfor immediately for all self self-insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit
(x) the parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. .
(xi) the decision of the arbitrator shall not have any value as a precedent in a subsequent case.
(xii) if in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxx Xxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process. Any such dispute already under way, in respect of which an arbitrator has not been appointed shall proceed under this process. This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or ,applicationand/or administration of the health and welfare benefits shall be resolved as follows: the Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within ten 0) days of filing a grievance, the parties shall meet with a view to resolving the grievance. if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the arbitrator shall, in discretion, determine the determinethe most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the arbitrator may in discretion attempt to assist the parties in settling the dispute. the arbitrators for this process shall be Xxxxx Xxxxxxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the arbitrator shall render a decisionwithin decision within ten (IO0) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. this process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. the parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the decision of the arbitrator shall not have any value as a precedent in a subsequent case. if in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary process. Any such dispute already under way, in respect of which an arbitrator has not been appointed shall proceed under this process. This process shall commence immediately for all self insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedfor. bargained for, Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrierinsurance carrier. Any grievance as follows: arising from the interpretation, application and/or administration grievance of the health Health and welfare Welfare benefits shall be resolved as follows: the revolved The Union or Employer shall file a written grievance within ten days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. if If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the The arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the The arbitrator may in discretion attempt to assist the parties in settling the dispute. the The arbitrators for this process shall be and be: If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the The arbitrator shall render a decisionwithin ten decision within (IO10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the The fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. this This process shall commence immediatelyfor immediately for all self self- insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-self- insured benefit. The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the The decision of the arbitrator shall not have any value as a precedent in a subsequent case.. If in the opinion of any party, a grievance raises an issue which should be decided by the form of grievance/ arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary process. The Nursing Homes and Related Industries Pension Plan In this Article, the terms used shall have the meanings as described:
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: the Union or Employer shall file a written grievance within ten days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within ten days of filing a grievance, the parties shall meet with a view to resolving the grievance. if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the arbitrator may in discretion attempt to assist the parties in settling the dispute. the arbitrators for this process shall be and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the arbitrator shall render a decisionwithin decision within ten (IO) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-self- insured and by the insurers and the Union where the benefit is insured. this process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. the parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the decision of the arbitrator shall not have any value as a precedent in a subsequent case.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's ’s obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits and the Weekly Indemnity Plan shall be resolved as follows: the :
(a) The Union or Employer shall file a written grievance within ten (10) working days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within .
(b) Within ten (10) working days of filing a grievance, the parties shall meet with a view to resolving the grievance. if .
(c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the .
(d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. the .
(e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. the .
(f) The arbitrators for this process shall be Xxxx Xxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the Xxxxx Xxxxxxx.
(g) The arbitrator shall render a decisionwithin decision within ten (IO10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the .
(h) The fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-self- insured and by the insurers and the Union where the benefit is insured. this .
(i) This process shall commence immediatelyfor immediately for all self self-insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit
(j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the .
(k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case.
(l) if in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxx Xxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process. Any such dispute already under way, in respect of which an arbitrator has not been appointed shall proceed under this process. This process shall commence immediately for all self insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
(m) The above complaint resolution procedure shall not apply to the Long Term Disability provisions. It is understood that this is without prejudice to any existing enforcement rights contained in the Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current Current information booklets for those benefits provided provide under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto the Anyproblems with respect to .e insurer acknowledging or honouring any claims is a matter matt as between the employee and the insurer. The Employer will notify the Union if is it intends to change the Insurance Carrier. The Employer will provide the Union with all necessary specifics of existing or past plans when requested. The employee's share of the Employer's Unemployment Insurance Premium reduction will be retained by the Employer towards offsetting the cost of the benefits contained in this agreement. Notwithstanding the following process is to be utilized to resolve insurance benefit dispute between an employee and the insurance carrier. Any grievance arising from the interpretation, application and/or administration of the health Health and welfare Welfare benefits shall be resolved as follows: the The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. if If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. the The arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the The arbitrator may in discretion attempt to assist the parties in settling the dispute. the The arbitrators for this process shall be and be: Xxxxx Xxxxxxxxx If additional arbitrators are necessary, Xxxxxx I shall remain seized to appoint these, if the parties are unable to agree. the The arbitrator shall render a decisionwithin decision within ten (IO10) days of completion of the hearing. Written reasons are not required. given. Oral decisions confirmed in writing may be given. the The fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union union where the benefit is insured. this This process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-self- insured benefitbenefit The parties hereunder shall appealed or purpose of judicial review associated with e that the decision of an be final and binding and shall not reviewed by either party. any appeal rights or rights of is to avoid the cost and expense the exercise of these rights. the or be The The decision of the arbitrator shall not have any value as a precedent in a subsequent case. a f If in the opinion of any party, a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for other grievances, upon the consent of all parties or such consent is not forthcoming, with the approval of Xxxxxx such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary process.
Appears in 1 contract
Samples: Collective Agreement
Change of Carriers. The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understoodthat understood that the Employer's ’s obligation pursuant to this Collective Agreement is to provide the insurance coverage bargainedforbargained for. Any problemswith respectto problems with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: the Union or Employer shall file a written grievance within ten (IO) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. within ten days of filing a grievance, the parties shall meet with a view to resolving the grievance. if the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. provided the arbitrator shall, in discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in opinion appropriate. the arbitrator may in discretion attempt to assist the parties in settling the dispute. the arbitrators for this process shall be Xxxxx Xxxxxxxxx and If additional arbitrators are necessary, Xxxxxx shall remain seized to appoint these, if the parties are unable to agree. the arbitrator shall render a decisionwithin decision within ten (IO) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. the fees and expenses of the arbitrator shall be shared equally by the Employerand Employer and the Union in cases where the benefit is self-self- insured and by the insurers and the Union where the benefit is insured. this process shall commence immediatelyfor immediately for all self insured benefits. Upon the expiry of any contracts of insurancefor insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. the parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. the decision of the arbitrator shall not have any value as a precedent in a subsequent case. if in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary process. Any such dispute already under way, in respect of which an arbitrator has not been appointed shall proceed under this process. This process shall commence immediately for all self insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall also apply to insured benefits.
Appears in 1 contract
Samples: Collective Agreement