Common use of Dispute Resolution/Enforcement Mechanism Clause in Contracts

Dispute Resolution/Enforcement Mechanism. For the term of collective agreements within the scope of this MOU, a dispute pertaining solely to any of the terms or conditions specifically agreed upon at the 2012 MOU that are incorporated into a local collective agreement, with the exception of matters agreed-to through local bargaining, shall be subject to the following procedures: Neither an OECTA local bargaining unit nor a Catholic District School Board shall have the jurisdiction to initiate or identify a dispute pertaining to the terms or conditions of this MOU. A dispute shall be identified exclusively by OCSTA or OECTA (provincial) and be limited to terms and conditions of this MOU. Prior to utilizing the procedure below, any dispute pertaining to this MOU as described above, shall be subject to an attempt at resolution in the following manner: a) Both OCSTA and OECTA shall name a representative to attempt a mutual resolution of the dispute by attending at the local board where such dispute occurred and attempt to resolve the issue. Any resolution shall be reduced to Minutes of Settlement that shall be subject to 8 and 9 below. This attempt at resolution shall be completed within ten (10) working days of the dispute being brought to OCSTA's or OECTA's attention. If the matter is not resolved within the ten (10) day period, the matter shall be deemed to be at impasse. In the event of impasse, the following procedure shall apply forthwith: 1. The Association and the local Board shall outline, in writing, their respective interpretations of the application of the term or condition in question. 2. Within five (5) days of the impasse, the matter shall be referred to an arbitrator for determination on an expedited and informal basis. Both OCSTA and OECTA shall agree on a list of eight (8) arbitrators who agree to function according to the process outlined in the Central PDT agreement Dispute Resolution. Failing mutual agreement on a list each party (OCSTA and OECTA) shall provide the Ministry of Education with a list of four (4) arbitrators. The list of eight (8) arbitrators shall be arranged alphabetically and shall be appointed to a dispute, either by mutual agreement or by the Ministry of Education utilizing the following protocol: (i) The list of eight (8) arbitrators shall be arranged alphabetically; (ii) When an issue in dispute arises the arbitrators shall be approached in the order they appear on the list; (iii) If an arbitrator approached as in (ii) above is unavailable, the next arbitrator in sequence on the list shall be approached until there is an arbitrator available; (iv) A subsequent dispute shall be put to the arbitrator on the list directly next in line after the arbitrator who decided the last issue; (v) The sequence above shall be repeated for each subsequent dispute. 3. Within twenty (20) days of the referral, the arbitrator shall render a decision. **see note at end re arbitrators 4 The arbitrator shall have all of the powers provided to arbitrators under the Ontario Labour Relations Act and the applicable local collective agreement.

Dispute Resolution/Enforcement Mechanism. For the term of collective agreements within the scope of this MOU, a dispute pertaining solely to any of the terms or conditions specifically agreed upon at the 2012 MOU that are incorporated into a local collective agreement, with the exception of matters agreed-to through local bargaining, shall be subject to the following procedures: Neither an OECTA local bargaining unit nor a Catholic District School Board shall have the jurisdiction to initiate or identify a dispute pertaining to the terms or conditions of this MOU. A dispute shall be identified exclusively by OCSTA or OECTA (provincial) and be limited to terms and conditions of this MOU. Prior to utilizing the procedure below, any dispute pertaining to this MOU as described above, shall be subject to an attempt at resolution in the following manner: a) Both OCSTA and OECTA shall name a representative to attempt a mutual resolution of the dispute by attending at the local board where such dispute occurred and attempt to resolve the issue. Any resolution shall be reduced to Minutes of Settlement that shall be subject to 8 and 9 below. This attempt at resolution shall be completed within ten (10) working days of the dispute being brought to OCSTA's or OECTA's attention. If the matter is not resolved within the ten (10) day period, the matter shall be deemed to be at impasse. In the event of impasse, the following procedure shall apply forthwith: 1. The Association and the local Board shall outline, in writing, their respective interpretations of the application of the term or condition in question. 2. Within five (5) days of the impasse, the matter shall be referred to an arbitrator for determination on an expedited and informal basis. Both OCSTA and OECTA shall agree on a list of eight (8) arbitrators who agree to function according to the process outlined in the Central PDT agreement Dispute Resolution. Failing mutual agreement on a list each party (OCSTA and OECTA) shall provide the Ministry of Education with a list of four (4) arbitrators. The list of eight (8) arbitrators shall be arranged alphabetically and shall be appointed to a dispute, either by mutual agreement or by the Ministry of Education utilizing the following protocol: (i) The list of eight (8) arbitrators shall be arranged alphabetically; (ii) When an issue in dispute arises the arbitrators shall be approached in the order they appear on the list;; Copy for archive purposes. Please consult original publisher for current version. Copie à des fins d’archivage. Veuillez consulter l’éditeur original pour la version actuelle. (iii) If an arbitrator approached as in (ii) above is unavailable, the next arbitrator in sequence on the list shall be approached until there is an arbitrator available; (iv) A subsequent dispute shall be put to the arbitrator on the list directly next in line after the arbitrator who decided the last issue; (v) The sequence above shall be repeated for each subsequent dispute. 3. Within twenty (20) days of the referral, the arbitrator shall render a decision. **see note at end re arbitrators 4 The arbitrator shall have all of the powers provided to arbitrators under the Ontario Labour Relations Act and the applicable local collective agreement.