Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein.
Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may agree, in writing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein. Xxxxxxx shall be designated by the Company and the Union as the Commissioner to hear and determine these cases. Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows: The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of this Agreement, and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; The decision of the Grievance Commissioner shall only apply to the case before him or her and shall not constitute a precedent or be used by either party as a precedent in any future cases. However, with respect to the case in question, the Grievance Commissioner's decision shall be final and binding upon the Company, the Union and the employees represented by the Union; The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; The parties shall meet at least thirty days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a Joint Agreed Statement of Fact by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing; The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing, the parties may make such further representations or a...
Commissioner System. (a) As an alternative to the regular arbitration procedure provided for herein, the parties may agree in writing to jointly refer a grievance for final and binding arbitration to a Grievance Commissioner selected by mutual agreement of the parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein. Xx. Xxxxxxx Xxxxxxx shall be designated by the Company and the Union as the Commissioner to hear and determine these cases. Should, for any reason, Xx. Xxxxxxx Xxxxxxx become unavailable, a new Grievance Commissioner shall be selected by written mutual agreement of the Company and the Union to hear and determine these cases.
(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances, which the parties have agreed, may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows:
(i ) The decision of the Grievance Commissioner shall be confined solely to the grievance(s) at hand. Such decision must be consistent with the provisions of the Collective Agreement and the Grievance Commissioner shall have no power to alter, modify or amend any part of this agreement.
Commissioner System
