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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Commissioner System. a) 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 from the parties. following list in the order in which their names appear: Xxx Xxxxxx Xxx XxXxxxxxx 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. .
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 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; ;
ii) 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; ;
iii) The Union and the Company shall each be responsible for one one-half of any fees or expenses charged by the Grievance Commissioner; , and the Company shall pay the wages of only one member of the Plant Committee who appears at the Commissioner hearings. If a commissioner hearing is cancelled, the party initiating the cancellation will be responsible for the full cost of the commissioner’s cancellation fees;
iv) 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 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; :
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
c) It is understood and agreed that grievances related to discipline (excluding suspension and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
e) There will be a Commissioner hearing established twice a year if both the Company and the Union agree.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Commissioner System. (a) 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 from the parties. following list in the order in which their names appear: Xxx Xxxxxx Xxxx Xxxxx 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. .
(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 to the grievance referred to him or him/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; ;
(ii) The decision of the Grievance Commissioner shall only apply to the case before him or him/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 ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; .
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; .
(iv) 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 joint Agreed Statement of Fact by the parties. In addition, a joint 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; :
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) It is understood and agreed that grievances related to discipline (excluding suspensions of more than three days and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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, 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. .
(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 to the grievance referred to him or herhim. Such decision must be consistent with the provisions of this Agreement, Agreement and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; .
(ii) 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 ’s decision shall be final and binding upon the CompanyEmployer, the Union and the employees represented by the Union; .
(iii) The Union and the Company Employer shall each be responsible for one half (1/2) of any fees or expenses charged by the Grievance Commissioner; .
(iv) The parties shall meet at least thirty (30) 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 Facts by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which that 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 Facts and the Statement of Evidence will be signed by both the Company Employer and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing; .
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons within seven (7) days of the conclusion of the hearing.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Commissioner System. (a) Commission 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. Xx. Xxxxxxx Xxxxxxx shall be designated by the Company and the Union as the Commissioner to hear and determine these cases. .
(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances 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 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; ;
(ii) 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 ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; ;
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
(iv) 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 Joint Statement of Evidence will be prepared by the parties 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; ;
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) No grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) Any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
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 in the partiessame manner as that used to select an arbitrator. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration arbitrator procedures provided for herein. Xxxxxxx shall be designated by the Company and the Union as the Commissioner 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 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; ;
ii) 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 ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; ;
iii) The Union and the Company shall each be responsible for one one-half of any fees or expenses charged by the Grievance Commissioner and the Company shall pay the wages of the Plant Chairperson or a designate who attends the Commissioner; ’s hearing;
iv) The parties shall meet at least thirty (30) 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 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; :
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) It is understood and agreed that grievances related to discipline (excluding suspension and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
(e) There will be a Commissioner hearing on an as needed basis.
Appears in 1 contract
Samples: Collective Agreement
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 from the parties. following list in the order in which their names appear: (Xxxx Xxxxxxx Xxxxxx 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 governingthe 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 ’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 one-half of any fees or expenses charged by the Grievance CommissionerCommissioner and the Company shall pay the wages of the Plant Committee to attend Commissioner hearings; 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 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.;
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. Xxxxxxx shall be designated by the Company and the Union as the Commissioner 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 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; ;
ii) 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. .
iii) 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; ;
iv) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
v) 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; ;
vi) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vii) The Grievance Commissioner shall be required to render his/her decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) It is understood and agreed that no grievance will be referred to a Grievance commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 1 contract
Samples: Collective Agreement
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, 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. .
(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 to the grievance referred to him or herhim. Such decision must be consistent with the provisions of this Agreement, Agreement and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; .
(ii) 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 ’s decision shall be final and binding upon the CompanyEmployer, the Union and the employees represented by the Union; .
(iii) The Union and the Company Employer shall each be responsible for one half (1/2) of any fees or expenses charged by the Grievance Commissioner; .
(iv) The parties shall meet at least thirty (30) 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 Facts by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which that 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 Facts and the Statement of Evidence will be signed by both the Company Employer and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing; .
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons within seven (7) days of the conclusion of the hearing.
Appears in 1 contract
Samples: Collective Agreement
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 grievance(s) 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. .
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 to the grievance grievance(s) 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; ;
ii) The decision of the Grievance Commissioner shall only apply to the case case(s) 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 case(s) in question, the Grievance Commissioner's ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; ;
iii) The Union and the Company shall each be responsible for one one-half of any fees or expenses charged by the Grievance Commissioner; ;
iv) 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 joint Agreed Statement of Fact by the parties. In addition, a joint each party will prepare and forward its own 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 sent to the Grievance Commissioner and each other at least ten (10) days before the commencement of the grievance hearing; ;
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the ;
vi) The Grievance Commissioner shall not be obligated required to conform to render his/her decision, in writing, together with brief written reasons, within fourteen (14) days of the rules conclusion of evidencethe hearing.
Appears in 1 contract
Samples: Collective Agreement
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, Commissioner selected by mutual agreement of the both 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. .
b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances minor grievances, which the parties have agreed 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 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; ;
(ii) 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; grievance;
(iii) The Union and the Company shall each be responsible for one one-half (1/2) of any fees or expenses charged by the Grievance Commissioner; ;
(iv) The parties shall meet at least thirty (30) 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 jointly agreed Statement of Fact Facts to be submitted by the parties. In addition, a joint Statement of Evidence Issues 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 Facts and the Statement of Evidence Issues 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; . Neither party shall be estopped from adducing additional evidence at the hearing provided the other party was given reasonable notice;
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require;
(vi) The Grievance Commissioner shall be required to render his decision, but in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
c) It is understood and agreed that no grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner shall not be obligated to conform to the rules of evidenceor at any time thereafter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 from the parties. following list in the order in which their names appear: (Xxxx Xxxxxxx Xxxxxx 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 one-half of any fees or expenses charged by the Grievance CommissionerCommissioner and the Company shall pay the wages of the Plant Committee to attend Commissioner hearings; The parties shall meet at least thirty (30) 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 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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. Xxxxxxx shall be designated by the Company and the Union as the Commissioner 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 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; ;
(ii) 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. .
(iii) However, with respect to the case in question, the Grievance Commissioner's ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; ;
(iv) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.ten
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may mutually agree, in writing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissionercommissioner, 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 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: :
(i) 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; ;
(ii) 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, However with respect to the case in question, the Grievance Commissioner's ’s decision shall be final and binding upon the Company, the Union and the employees employee’s represented by the Union; ;
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
(iv) 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 Joint Statement of Evidence 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; ;
(v) The purpose of the hearing is to clarify the issues or facts in dispute. At .
(vi) The grievance commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing. It is understood and agreed that no grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the parties may make Company and the Union. In the absence of such further representations mutual agreement all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement. It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or adduce such evidence as the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidenceat any time thereafter.
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may agreemay, in writing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement of the parties. parties from the following list: Xxxxxxx Xxxxxxx Xxx Xxxxxxxxx Xxxxx Xxxxxxxxxxx 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 Each party shall be designated by have the Company and opportunity to refer grievances unilaterally to the Union as the Grievance Commissioner to hear and determine a maximum of three (3) days for each party per calendar year. After these casesmaximums are exhausted, the parties may mutually agree, in writing, to refer other grievances to the Grievance Commissioner. 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 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; ;
ii) 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 ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; ;
iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
iv) 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 Facts 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 Facts 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; ;
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence;
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with a brief written reason, within seven (7) days of the conclusion of the hearing. It is understood and agreed that any grievance can be referred to a Grievance Commissioner excluding any grievances related to 3.03. In addition, policy grievances and grievances related to termination can only be referred upon mutual agreement of the parties. It is understood and agreed that any grievance that is referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. a) 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 from the parties. following list in the order in which their names appear: (Xxxx Xxxxxxx Xxxxxx Xxxxxxxxx) 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. .
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 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; ;
ii) 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; ;
iii) The Union and the Company shall each be responsible for one one-half of any fees or expenses charged by the Grievance Commissioner; Commissioner and the Company shall pay the wages of the Plant Committee to attend Commissioner hearings;
iv) The parties shall meet at least thirty (30) 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 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; :
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
c) It is understood and agreed that grievances related to discipline (excluding suspension and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
e) There will be a Commissioner hearing established twice a year if both the Company and the Union agree.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may agreemay, in writing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissioner, selected by mutual agreement agree- ment of the parties. parties from the following list: Xxxxxxx Xxx Xxxxx Xxxxxxxxxxx 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 Each party shall be designated by have the Company and opportunity to refer griev- ances unilaterally to the Union as the Grievance Commissioner to hear and determine a maximum of three (3) days for each party per calendar year. After these casesmaximums are exhausted, the parties may mutually agree, in writing, to refer other grievances to the Grievance Commissioner. 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 proceed- ings of the Grievance Commissioner are set out as followsfol- lows: 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 provi- sions 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 ’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 respon- sible 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 Facts 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 Facts 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 hearinghear- ing; 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 adduce such evidence as the Grievance Commissioner may permit per- mit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.evi- dence;
Appears in 1 contract
Samples: Collective Bargaining Agreement
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, 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. .
(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 to the grievance referred to him or herhim. Such decision must be consistent with the provisions of this Agreement, Agreement and the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement; ;
(ii) 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 CompanyEmployer, the Union and the employees represented by the Union; ;
(iii) The Union and the Company Employer shall each be responsible for one half of (1/2)of any fees or expenses charged by the Grievance Commissioner; ;
(iv) The parties shall meet at least thirty (30) 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 Facts by the parties. In addition, a joint Statement of Evidence will be prepared by the parties which that 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 Facts and the Statement of Evidence will be signed by both the Company Employer and the Union and will be provided to the Grievance Commissioner at least ten (10) days before the commencement of the grievance hearing; ;
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons within seven (7) days of the conclusion of the hearing.
(c) No grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Employer and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) Any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Employer or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. As an alternative to the regular arbitration arbitra- tion procedure provided for herein, the parties may mutually agree, in writingwrit- ing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissionercommissioner, 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 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: fol- lows:
(i) The decision of the Grievance Commissioner shall be confined con- fined 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; ;
(ii) 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, 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 employee's represented by the Union; ;
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; ;
(iv) The parties shall meet at least thirty days prior to the scheduled sched- uled 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 Joint Statement of Evidence evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers con- xxxxxx 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 Griev- ance Commissioner at least ten (10) days before the commencement com- mencement of the grievance hearing; ;
(v) The purpose of the hearing is to clarify the issues or facts in dispute. At .
(vi) The grievance commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing. It is understood and agreed that no grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the parties may make Company and the Union. In the absence of such further representations mutual agreement all grievances will be referred for final and binding determination pursuant to the regular arbi- tration procedure set out in this Agreement. It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or adduce such evidence as the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidenceat any time thereafter.
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. a) 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 from the parties. following list in the order in which their names appear: 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. .
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 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; ;
ii) 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; ;
iii) The Union and the Company shall each be responsible for one one-half of any fees or expenses charged by the Grievance Commissioner; , and the Company shall pay the wages of only one member of the Plant Committee who appears at the Commissioner hearings. If a commissioner hearing is cancelled, the party initiating the cancellation will be responsible for the full cost of the commissioner’s cancellation fees;
iv) 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 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; :
v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
c) It is understood and agreed that grievances related to discipline (excluding suspension and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
e) There will be a Commissioner hearing established twice a year if both the Company and the Union agree.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Commissioner System. (a) 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 from the parties. following list in the order in which their names appear: Xxxx Xxxxxxx Xxxxxx Xxxxxxxxx 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. .
(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 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; ;
(ii) 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 ’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union; .
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; .
(iv) 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 joint Agreed Statement of Fact by the parties. In addition, a joint 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; :
(v) 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
(vi) The Grievance Commissioner shall be required to render his decision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing.
(c) It is understood and agreed that grievances related to discipline (excluding suspensions of more than three days and termination) and overtime issues may be referred by either party but other cases may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement.
(d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner or at any time thereafter.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Commissioner System. (a) 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 arbitra- tion to a Grievance Commissioner, selected by mutual agreement of from the parties. following list in the order in which their names appear: Xxx Xxxxxx Xxxx Xxxxx The Grievance Commissioner shall have the same powers and be subject to the same limitations limi- tations 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. .
(b) Through the Grievance Commissioner, the parties desire an expeditious means for the effective ef- fective disposition of grievances which the parties par- ties have agreed may be handled in a summary summa- ry manner. The rules governing the summary proceedings of the Grievance Commissioner are set out as follows: :
(i) The decision of the Grievance Commissioner Commis- sioner shall be confined to the grievance referred to him or herthem. 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; ;
(ii) The decision of the Grievance Commissioner Com- missioner shall only apply to the case before him or her them and shall not constitute a precedent or be used by either party as a precedent in any future cases. HoweverHowev- er, with respect to the case in question, the Grievance Commissioner's ’s decision shall be final and binding upon the CompanyCom- pany, the Union and the employees represented rep- resented by the Union; .
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; .
(iv) 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 joint Agreed Statement of Fact by the parties. In addition, a joint 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.ten
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 summaryproceedings 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; Collective Agreement between Brothers and CAW Local 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 adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence.
Appears in 1 contract
Samples: Collective Agreement
Commissioner System. As an alternative to the regular arbitration procedure provided for herein, the parties may mutually agree, in writing, to jointly refer a grievance for final and binding arbitration to a Grievance Commissionercommissioner, 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 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: fol- lows:
(i) 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 Griev- ance Commissioner shall have no power to alter, modify or amend any part of this Agreement; ;
(ii) 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 Griev- ance Commissioner's ’s decision shall be final and binding upon the Company, the Union and the employees employee’s represented by the Union; ;
(iii) The Union and the Company shall each be responsible for one half of any fees or expenses charged by the Grievance Commissioner; Com- missioner;
(iv) The parties shall meet at least thirty days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine xx- xxxxxxx 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 Joint Statement of Evidence 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; ;
(v) The purpose of the hearing is to clarify the issues or facts in dispute. At dis- pute.
(vi) The grievance commissioner shall be required to render his de- cision, in writing, together with brief written reasons, within seven (7) days of the conclusion of the hearing. It is understood and agreed that no grievance will be referred to a Grievance Commissioner without the mutual agreement, in writing, of the parties may make Company and the Union. In the absence of such further representations mutual agreement all grievances will be referred for final and binding determination pursuant to the regular arbi- tration procedure set out in this Agreement. It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or adduce such evidence as the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered by the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidenceat any time thereafter.
Appears in 1 contract
Samples: Collective Agreement