CONCILIATION / INTEREST ARBITRATION Sample Clauses
CONCILIATION / INTEREST ARBITRATION. 9.1 If, following notification of the desire to seek amendments of a new agreement, the parties have failed to reach a satisfactory agreement, either party may demand that matters still in disagreement be submitted to arbitration and shall give notice in writing to the other party detailing the points still at issue.
9.2 Having served and / or received notice to arbitrate either party may prior to the commencement of the Arbitration hearing propose the appointment of a Conciliator.
9.3 Should the parties agree to the involvement of a Conciliator, such appointment shall be made within fifteen (15) days of the Minister having received the joint request. The Minister shall be asked to appoint in accordance with Section 72 [164] (2) sub (a) or (b) of the Canada Labour Code (the Code). Should the Minister agree to exercise options under Section 72 [164] (2) the parties will proceed as directed by the Minister.
9.4 It is also agreed that the role of the Conciliator is to endeavor to assist the parties in achieving a collective agreement. Upon expiry of the Section 74 [165] 2 timeframe, unless extended in accordance with Section 75 [165] (1) of the Code, the Parties shall request a “No Board” report. Should the process result in some agreements, the parties agree to their inclusion in an Arbitration Board ordered award.
9.5 In the event the conciliation process concludes without achieving a collective agreement, the parties agree to move expeditiously to establish the Board of Arbitration.
CONCILIATION / INTEREST ARBITRATION. 35.01 The Employer and the Union agree to commence negotiations for the renewal of the existing Collective Agreement between them once notice has been properly given in accordance with the terms of the Collective Agreement and the Employer and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of the existing Collective Agreement.
35.02 The Employer and the Union agree to enter into and proceed through negotiations and further agree that each shall make every reasonable effort to reach agreement on the provisions for the renewal of the existing Collective Agreement.
35.03 Should the Employer and Union reach an impasse in negotiations for the renewal of this Agreement, either party may request the Minister to appoint a conciliator pursuant to The Manitoba Labour Relations Act. The Employer and Union agree to commence conciliation, and to make every reasonable effort to reach agreement on the provisions for the renewal of this Agreement.
35.04 Should the Conciliation officer file a report indicating that in their opinion it is unlikely that the parties will reach a negotiated settlement, the Employer and the Union agree to extend this Agreement in its entirety and to forgo the right to strike or lockout. All outstanding matters shall then be submitted to arbitration as hereinafter provided:
(a) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date of reaching such impasse.
(b) The Arbitrator shall be selected by mutual agreement between the Employer and the Union if at all possible. If no agreement is reached on the person who shall act as Arbitrator, either party may then request the The Manitoba Labour Board to make the appointment.
(c) The Arbitrator shall receive a written statement or brief from the Employer and the Union outlining each of their respective positions on the outstanding proposals within fourteen (14) days of their appointment.
(d) Where either the Employer or the Union requests that the Arbitrator convene an oral hearing, the Arbitrator shall convene such hearing.
(e) Article 26 shall apply to an arbitration under this Article, with such modifications as the circumstances require.
35.05 This procedure shall terminate effective with the renewal of any Collective Agreement reached as a result of its use. It may be further renewed only by mutual agreement between the Employer and the Union.