Common use of Classification Dispute Resolution Process Clause in Contracts

Classification Dispute Resolution Process. 9.1 The Classification Referee(s), Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxx Xxxxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d) of the Maintenance Agreement. 9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e) of the Maintenance Agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous job, the Classification Referee shall notify the HEABC, the Association and the Union of his/her decision. The HEABC and the Association shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration pursuant to Article 9 (Arbitration) of the Collective Agreement. 9.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 The Classification Referee(s), Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxx XxxxxxxxXxxx Xxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d) of the Maintenance Agreementmaintenance agreement. 9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e) of the Maintenance Agreementmaintenance agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous job, the Classification Referee shall notify the HEABC, the Association and the Union of his/her decision. The HEABC and the Association shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration pursuant to Article 9 (Arbitration) of the Collective Agreementcollective agreement. 9.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 The Classification Referee(s), Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxx XxxxxxxxXxxx Xxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four four-hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d) of the Maintenance Agreementmaintenance agreement. 9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e) of the Maintenance Agreementmaintenance agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous job, the Classification Referee shall notify the HEABC, the Association and the Union of his/her decision. The HEABC and the Association shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration pursuant to Article 9 (Arbitration) of the Collective Agreementcollective agreement. 9.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 The Classification Referee(s), Xxxx XxxxxxXxxxx Xxxxxxx, Xxxxx Xxxxxxxx, and Xxx XxxxxxxxXxxx Xxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four four-hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d) of the Maintenance Agreementmaintenance agreement. 9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e) of the Maintenance Agreementmaintenance agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous job, the Classification Referee shall notify the HEABC, the Association and the Union of his/her their decision. The HEABC and the Association shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration pursuant to Article 9 (Arbitration) of the Collective Agreementcollective agreement. 9.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 8.1 The Classification Referee(s), Xxxx Xxxxxxx, Xxxxx Xxxxxxxxy, and Xxx Xxxxxxxxz, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 8.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 and to review outstanding objections referred in accordance with Article 6.9 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 8.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 8.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four (4) hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 8.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d8.7(d) of the Maintenance Agreement. 9.6 8.6 Within 60 sixty (60) calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 8.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e8.7(d) of the Maintenance Agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous jobbenchmark, the Classification Referee shall notify the HEABC, the Association HEABC and the Union of his/her decision. The HEABC and the Association Union shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 thirty (30) calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 8.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration Arbitration pursuant to Article 9 (Arbitration) of the Collective Agreement. 9.9 8.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 8.1 The Classification Referee(s), Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxx Xxxxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 8.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 and to review outstanding objections referred in accordance with Article 6.9 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 8.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 8.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 8.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d8.7(d) of the Maintenance Agreement. 9.6 8.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 8.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e8.7(d) of the Maintenance Agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous jobbenchmark, the Classification Referee shall notify the HEABC, the Association HEABC and the Union of his/her decision. The HEABC and the Association Union shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 8.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration Arbitration pursuant to Article 9 (Arbitration) of the Collective Agreement. 9.9 8.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 89.1 The Classification Referee(s), Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and Xxx Xxxxxxxx, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 89.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 and to review outstanding objections referred in accordance with Article 6.9 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 89.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 89.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 89.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d89.7(d) of the Maintenance Agreement. 9.6 Within 60 calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e) of the Maintenance Agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous job, the Classification Referee shall notify the HEABC, the Association and the Union of his/her decision. The HEABC and the Association shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration pursuant to Article 9 (Arbitration) of the Collective Agreement. 9.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.

Classification Dispute Resolution Process. 9.1 8.1 The Classification Referee(s), Xxxx Xxxxxxx, Xxxxx Xxxxxxxxy, and Xxx Xxxxxxxxz, shall be mutually agreed to by the HEABC and the Association. In the event that the parties are not able to reach mutual agreement, the Chairperson of the Labour Relations Board shall make the necessary appointment(s). By mutual agreement between the parties another Classification Referee may be named. 9.2 8.2 The parties shall meet every month, or as often as required, to review outstanding Classification Review Requests referred in accordance with Article 7.6 and to review outstanding objections referred in accordance with Article 6.9 to determine, by mutual agreement, those classification appeals that will be referred to expedited arbitration. 9.3 8.3 The HEABC and the Union shall attempt to mutually agree to use an expedited arbitration process to resolve classification disputes. If the parties are unable to mutually agree to submit an outstanding classification review request to expedited arbitration the matter shall be resolved using full arbitration. 9.4 8.4 The expedited arbitration process shall be governed by the following principles: (1) The location of the hearing shall be agreed to by the parties. (2) Unless otherwise mutually agreed, each party shall be limited to a four (4) hour presentation. (3) The parties shall utilize staff representatives of the Union and the HEABC to present cases, and shall not utilize outside legal counsel. (4) The parties agree to make limited use of authorities during their presentations. (5) The decision of the Classification Referee shall be final and binding on both parties. (6) All decisions of the Classification Referee are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. All settlements made prior to hearing shall be without prejudice. 9.5 8.5 Unless mutually agreed, expedited arbitration shall not be used in disputes where the decision may result in the development of a new benchmark pursuant to Article 9.7(d8.7(d) of the Maintenance Agreement. 9.6 8.6 Within 60 sixty (60) calendar days of the receipt of an Agreed Statement of Facts or the separate Statements of Facts, the Classification Referee shall make every effort to hear either the full or the expedited arbitration and render a final and binding decision in writing. 9.7 8.7 The decision of the Classification Referee shall be based upon the same criteria applicable to the parties themselves. The decision of the Classification Referee shall be limited to a direction that: (a) the position be assigned to another existing job description; (b) a new job description be prepared by the Employer that more appropriately describes the type of duties, the overall scope and level of responsibility, and the required qualifications of the position; (c) except as outlined in Article 9.7(d) and (e8.7(d) of the Maintenance Agreement, the job be appropriately classified, provided that the Classification Referee shall not have jurisdiction to classify a job except within the existing benchmarks including the existing classification grids and wage rates; (d) ; where the Classification Referee concludes that a position does not conform to an existing benchmark and is not an anomalous jobbenchmark, the Classification Referee shall notify the HEABC, the Association HEABC and the Union of his/her decision. The HEABC and the Association Union shall then endeavour to establish an appropriate benchmark for the position. Failing mutual agreement by the parties, each party shall make a submission within 30 thirty (30) calendar days to the Classification Referee as to the appropriate benchmark to be established. The Classification Referee shall establish a new benchmark or amend an existing benchmark and the decision of the Classification Referee shall be binding on the parties. The Classification Referee shall also establish an appropriate Classification Grid and existing wage rate for the new or revised benchmark, with jurisdiction limited to existing classification grids and wage rates. The Classification Referee shall not have the jurisdiction to establish new wage rates or classification grids (See Note 1). (e) where the Classification Referee determines that the position is anomalous, the Classification Referee shall assign the job to one of the existing classification grids on the basis of best fit according to the overall type of duties and scope and level of responsibilities to an extent material for a reasonable standard of job classification. The decision of the Classification Referee shall be binding on the parties. 9.8 8.8 Arbitration hearings called by the Classification Referee shall have the same status as an arbitration Arbitration pursuant to Article 9 (Arbitration) of the Collective Agreement. 9.9 8.9 The fees and expenses of the Classification Referee for expedited arbitration and arbitration hearings shall be borne equally by the Employer and the Union.