Expedited Arbitration. (a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of: (1) dismissals; (2) rejection on probation; (3) suspensions in excess of 10 workdays; (4) policy grievances; (5) grievances requiring substantial interpretation of a provision of the Collective Agreement; (6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise); (7) grievances requiring presentation of extrinsic evidence; (8) grievances where a party intends to raise a preliminary objection; (9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and (10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration. (b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose. (c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. Ready • ▇▇▇▇▇▇ ▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #23 (Scheduling of Expedited Arbitration).
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their Reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. Ready • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #25 (Scheduling of Expedited Arbitration).
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #23 (Scheduling of Expedited Arbitration).
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their Reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #25 (Scheduling of Expedited Arbitration).
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ • ▇▇▇▇▇▇ ▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #23 (Scheduling of Expedited Arbitration).
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for The parties agree that it is mutually beneficial to resolve arbitrations in a timely and resolved by cost effective manner. To that end, expedited arbitration except will be used for all grievances in the nature of:
except: • Discipline over one (1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) day suspension; • Matters dealing with the Jurisdiction section; • Matters dealing with the Workforce Adjustment section; • Union or corporate grievances requiring substantial interpretation of a provision related to the interpretation, application or administration of the Collective Agreement;
; • Matters dealing with Harassment or Discrimination; • Hiring and Promotion; • Producer's Authority; • The Employment Status section; • Improvement Plan; • Matters where the potential remedy is greater than five thousand dollars (6$5,000) grievances relating and • Where the parties mutually agree to employment security go to full arbitration or mediation - arbitration Considering the complexity of the matter, the timeliness of resolution and matters arising the need for establishing precedent, the parties may, by mutual agreement, refer any excepted matter to expedited arbitration. Within fifteen (15) business days of the grievance's referral to arbitration, the parties will select, from the report and recommendations list, an arbitrator, using the procedure set out in 16.7.1, who must be available to hear the grievance within thirty (30) business days of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where being contacted by the parties. If either party has reason to object to a party intends to raise proceeding on a preliminary objection;
(9) matters arising from or jurisdictional matter, such objection must be raised and arguments submitted in writing to the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
arbitrator at least ten (10) grievances arising from duty to accommodatebusiness days in advance of the hearing. By mutual agreementagreement of the parties, the selected arbitrator can hear more than one (1) case. The arbitrator must render a grievance falling into any brief written decision within ten (10) business days of these categories may the hearing. The arbitrator's decision(s) will be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard binding on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by parties only in respect of the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties grievance(s) that was (were) heard and will be at otherwise without prejudice or precedent. Only a location central person who has been hired by either party for a position other than legal counsel is eligible to the geographic area present cases in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timelinearbitration. The responding party must provide disclosure no later than 20 calendar days prior parties agree to keep the expedited arbitration date unless there is mutual agreement issues and facts simple and the witnesses to waive this timeline. This requirement does not preclude further disclosure a minimum in order to allow for an expeditious resolution of particulars and documents up to and including the expedited arbitration dategrievances and/or issues submitted.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. The parties have agreed to the following terms, conditions and process to resolve certain grievances by non-precedential expedited arbitration:
(a) All grievances shall be considered suitable for and resolved by expedited arbitration arbitration, except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(52) grievances requiring substantial interpretation of a provision of the Collective Agreementagreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(73) grievances requiring the presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection4) dismissals;
(95) matters arising from the maintenance agreement and classification manual rejection on probation;
(6) grievances involving a claim of duty to be resolved in accordance with their terms); accommodate;
(7) demotions, and
(10) grievances arising from duty to accommodate8) suspensions of 20 days or greater. By Despite the foregoing, by mutual agreement, a grievance falling into any of these the above-listed categories may be resolved by expedited arbitration.
(b) Those The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Ready ▇▇▇ ▇▇▇▇▇▇▇▇
(c) By January 15th of each year, the parties will schedule two consecutive days during the shut-down period for hearings to resolve grievances that are suitable for expedited arbitration.
(d) The expedited arbitration pursuant to (a) above shall be scheduled process is intended to be heard informal.
(e) Outside counsel will not be used to represent either party.
(f) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 30 days prior to the hearing. The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate fact proposed) to the proposed agreed statement of facts and provide any reliance documents 15 days prior to the hearing. The parties shall make every effort to agree on facts not in dispute. The parties shall not make any pre-hearing applications to the next available Arbitrator. The parties agree that they will not make use of documents produced in an expedited arbitration datefor any purpose other than the arbitration itself.
(g) All presentations are to be short and concise and shall begin with comprehensive opening statements, to be delivered at the commencement of the hearing, by both parties.
(h) The parties agree to minimize the use of legal authorities during their arguments.
(i) The Arbitrator shall render a decision within two working days of the arbitration hearing.
(j) Prior to rendering a decision, the Arbitrator may assist the parties by attempting to mediate a resolution to the grievance.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Expedited arbitration dates awards shall be mutually agreed of no precedential value and shall not be referred to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by in respect of any other matter other than further disciplinary action regarding the parties and will be at a location central to the geographic area in which the dispute arosesame employee.
(cl) Once a grievance has an All settlements of expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) There will be no appeal of expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration dateawards.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration pursuant to Section 104 of the Labour Relations Code, except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(52) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(73) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by placed into the expedited arbitrationarbitration process.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above The single arbitrator shall be scheduled to selected from the list in Appendix 2, or failing that by random selection and should the selected arbitrator not be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and available, another arbitrator will be at selected from the list on a location central rotational basis, subject to the geographic area in which the dispute aroseavailability.
(c) Once The arbitrator shall hear the grievances and shall render a grievance has an decision within two (2) working days of such hearings. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(d) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.
(e) All settlements of expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days cases prior to hearing shall be without prejudice.
(f) A grievance determined by either party to fall within one of the categories listed in (b) above may be removed from the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 9.2.
(g) The Parties shall equally share the expedited arbitration date unless there cost of the fees and expenses of the arbitrator and hearing rooms. In the event that either party delays or cancels pursuant to this clause, then the cancellation fee that is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including charged by the expedited arbitration datearbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. (a) The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(ab) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective AgreementMain or a component agreement;
(6) grievances relating to employment security and matters arising from Article 14—Hours of Work of the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise)Main Agreement;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms)demotions; andor
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant related to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be a matter already filed at a location central to the geographic area in which the dispute aroseformal arbitration.
(c) Once The parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances.
(d) The Arbitrator shall hear the grievances and shall render a grievance has an decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration date cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the party that bears categories listed in (b) above, may be removed from the onus for the grievance will provide all particulars expedited arbitration process and documents in their possession relating forwarded to a regular arbitration hearing pursuant to Clause 9.2, provided this occurs more than four weeks prior to the grievance. Disclosure scheduled hearing date.
(h) The parties will utilize case conference to mutually agree on the grievances set down for expedited arbitration, but all files must be provided set no later than 30 calendar days four weeks prior to the expedited hearing date. Once the parties mutually agree to set a grievance down for expedited arbitration date unless there is at or after case conference, it cannot unilaterally be forwarded to regular arbitration without mutual agreement to waive this timeline. of the parties or an order of an arbitrator.
(i) The responding party must provide disclosure no later than 20 calendar days prior to parties shall equally share the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure cost of particulars the fees and documents up to expenses of the Arbitrator and including the expedited arbitration datehearing rooms.
Appears in 2 contracts
Expedited Arbitration. The parties have agreed to the following terms, conditions and process to resolve certain grievances by non-precedential expedited arbitration:
(a) All grievances shall be considered suitable for and resolved by expedited arbitration arbitration, except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(52) grievances requiring substantial interpretation of a provision of the Collective Agreementagreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(73) grievances requiring the presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection4) dismissals;
(95) matters arising from the maintenance agreement and classification manual rejection on probation;
(6) grievances involving a claim of duty to be resolved in accordance with their terms)accommodate;
(7) demotions; and
(10) grievances arising from duty to accommodate8) suspensions of 20 days or greater. By Despite the foregoing, by mutual agreement, a grievance falling into any of these the above-listed categories may be resolved by expedited arbitration.
(b) Those The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, on a rotational basis, or shall be a different arbitrator mutually agreed to by the parties: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
(c) By January 15th of each year, the parties will schedule a minimum of two consecutive working days biannually, in each of, March and September, for hearings to resolve grievances that are suitable for expedited arbitration.
(d) The expedited arbitration pursuant to (a) above shall be scheduled process is intended to be heard informal.
(e) Outside counsel will not be used to represent either party.
(f) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 30 days prior to the hearing. The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate proposed fact proposed) to the proposed agreed statement of facts and provide any reliance documents 15 days prior to the hearing. The parties shall make every effort to agree on facts not in dispute. The parties shall not make any pre-hearing applications to the next available Arbitrator. The parties agree that they will not make use of documents produced in an expedited arbitration datefor any purpose other than the arbitration itself.
(g) All presentations are to be short and concise and shall begin with comprehensive opening statements, to be delivered at the commencement of the hearing, by both parties.
(h) The parties agree to minimize the use of legal authorities during their arguments.
(i) The Arbitrator shall render a decision within two working days of the arbitration hearing.
(j) Prior to rendering a decision, the Arbitrator may assist the parties by attempting to mediate a resolution to the grievance.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Expedited arbitration dates awards shall be mutually agreed of no precedential value and shall not be referred to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by in respect of any other matter other than further disciplinary action regarding the parties and will be at a location central to the geographic area in which the dispute arosesame employee.
(cl) Once a grievance has an All settlements of expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) There will be no appeal of expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration dateawards.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The Parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The Parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the Parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their Reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The Parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the Parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #31 (Re: Expedited Arbitration Process).
1. The expedited arbitration process will be overseen by a representative of each party (the "administrators").
2. The administrators will meet quarterly or more frequently if required.
3. The administrators will establish annual expedited arbitration dates: monthly or more frequently based on need.
4. The dates will be set with arbitrators assigned as per the rotation. If the arbitrator next on the list does not have availability for the next needed arbitration dates, they will be assigned future dates so that where possible the arbitrators generally have an equal amount of dates throughout the year.
5. All referrals to expedited arbitration will be emailed to the administrators to process at their meetings. A copy of the grievance will be sent with the referral to expedited arbitration letter.
6. The administrators, in setting matters for expedited hearing dates, shall consider the date of the referral, and should attempt to best utilize dates by grouping matters of the same Employer and/or same geographic location together. The administrators shall attempt to give matters of an urgent nature priority in scheduling. • Expedited arbitration decisions are non-precedential which means that they cannot be relied on in other cases. The following was prepared by the parties as a guideline to scheduling expedited arbitrations: Process: The following process applies to all matters suitable for expedited arbitration in community health.
1. All letters referring a matter to expedited arbitration should be sent with a copy of the grievance form to: ▇▇▇▇.▇▇▇▇@▇▇▇▇▇.▇▇, ▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ (Administrator), ▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇, and the Employer.
2. The Administrators will meet quarterly or more often if necessary to set dates.
3. The dates will be scheduled monthly or as otherwise agreed to by the Administrators.
4. Scheduling will be based on: 1) the date of referral; 2) the ability to group grievances from the same Employer together and 3) the ability to group grievances of the same location together. The Administrators will attempt to give urgent matters priority in scheduling.
5. The expedited arbitrators named in the collective agreement will be assigned per the rotation, unless they are unavailable for the next needed expedited arbitration date. All efforts will be made to give the expedited arbitrators on the list an equal share of the dates during the year. The expedited arbitrators are: ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇.
6. Following each scheduling meeting, the HEABC Administrative Assistant will publish the updated Roster and send an email notification with a link to the updated Roster to: ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇ (Administrator), ▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ (Administrator), the union representative who referred each grievance scheduled for expedited arbitration, each expedited arbitrator, each HEABC Industry Lead.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 ten (10) workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of the Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are agreed to be suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration The hearing dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either Party.
(d) The Parties shall make every effort to make use of an agreed to statement of facts.
(e) All presentations are to be short and concise and are to include a grievance has an expedited arbitration date comprehensive opening statement.
(f) The Parties agree to make limited use of authorities during their presentations.
(g) The arbitrator shall hear the party that bears the onus grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the grievance will provide all particulars and documents decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(h) Prior to rendering a decision, the arbitrator may assist the Parties in their possession relating mediating a resolution to the grievance. Disclosure must If this occurs, the cost will be provided borne in accordance with Article 9.6.
(i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Expedited arbitration awards shall be of no later than 30 calendar days precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.
(j) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(k) The Parties shall equally share the cost of the fees and expenses of the arbitrator.
(l) The expedited arbitration date unless there arbitrator, who shall act as sole arbitrator, shall be mutually agreed to by the Parties.
(m) It is mutual agreement not the intention of either Party to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the appeal a decision of an expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration datearbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration.
(a) For the purpose of accelerating the resolution of applicable grievances, the parties may mutually agree to refer to expedited arbitration, pursuant to Clause 9.3, any matter properly processed as a grievance, subject to (c) below, in accordance with the provisions of the grievance procedure contained in this agreement.
(b) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementagreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) 7) grievances where a party intends to raise a preliminary objection;
(8) demotions;
(9) matters arising from the maintenance agreement and classification manual (grievances relating to be resolved in accordance with their terms); andArticle 14 - Hours of Work
(10) grievances arising from duty grievance relating to accommodate. Clause 1.6, Clause 1.7, Clause 1.8 - Harassment, Sexual Harassment, Bullying.
(c) By mutual agreement, a grievance falling into any of these categories may be resolved by placed into the expedited arbitrationarbitration process.
(bd) Those The Arbitrator shall hear the grievances that are suitable and shall render a decision within three working days of such hearing. No written reasons for expedited arbitration pursuant to (a) above the decision shall be scheduled provided beyond that which the Arbitrator deems appropriate to be heard on the next available expedited arbitration date. Expedited arbitration dates convey a decision.
(e) Arbitration awards shall be mutually agreed of no precedential value and shall not thereafter be referred to by the parties and in respect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing shall be scheduled monthly or as without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (b) above, may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms.
(i) As the process is intended to be non-legal, unless otherwise mutually agreed, lawyers will not be used to represent either party.
(j) Presentations are to be short and concise and are to include a comprehensive opening statement. The parties agree not to present authorities during their presentations.
(k) The hearings will be governed by the following guidelines which can be amended by agreements between the parties at any time:
(1) A brief of pertinent documents will be jointly presented to the Arbitrator.
(2) To the extent that authorities are permitted, they shall be presented in a joint brief.
(3) If possible, a statement of agreed facts will be jointly presented to the Arbitrator.
(4) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(5) The hearing will be conducted in an informal manner with limited objections by the parties and will be at a location central to the geographic area in which the dispute arosewithout concern for procedural irregularities.
(c6) Once Witnesses will only be used to enter evidence relative to facts in dispute for expert explanations.
(7) Arguments will be presented only to the points in issue.
(l) Prior to rendering a grievance has an expedited arbitration date decision(s), the party that bears Arbitrator may assist the onus for the grievance will provide all particulars and documents parties in their possession relating mediating a resolution to the grievance. Disclosure must .
(m) Where mediation fails, or is not appropriate, a decision shall be provided no later than 30 calendar days prior to rendered by the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration dateArbitrator as contemplated herein.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #23 (Scheduling of Expedited Arbitration).
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) The parties agree to the benefits of the concept of expedited arbitration and encourage its use whenever mutually agreeable.
(b) The parties agree that matters referred to expedited arbitration will be dealt with by ▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ on a rotational basis. If neither party is available on a timely basis, the matter will be referred to the parties for further discussion.
(c) All grievances shall will be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;probation;
(3) suspensions in excess of 10 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementinterpretation;
(6) grievances relating related to employment security and matters arising from the report and recommendations Article 16 - Hours of Industrial Inquiry Commissioner (except where specified otherwise)Work;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by placed into the expedited arbitrationarbitration process. Agreement will not be unreasonably withheld.
(bd) Those The Arbitrator will hear the grievances and will render a decision within 10 working days of such hearings. No written reasons for the decision will be provided beyond that are suitable for expedited arbitration pursuant which the Arbitrator deems appropriate to convey a decision.
(ae) above shall Arbitration awards will be scheduled to of no precedential value and will not thereafter be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed referred to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute aroserespect of any other matter.
(f) All settlements of expedited arbitration cases prior to hearing will be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must above, may be provided no later than 30 calendar days prior to removed from the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days process at any time prior to hearing and forwarded to a regular arbitrator hearing pursuant to Clause 11.2.
(h) The parties will equally share the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure cost of particulars the fees and documents up to expenses of the Arbitrator and including the expedited arbitration datehearing rooms.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their Reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Ready ▇▇▇▇ ▇▇▇▇▇▇, QC ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #25 (Scheduling of Expedited Arbitration).
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are agreed to be suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration The hearing dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(d) The parties shall make every effort to make use of an agreed to statement of facts.
(e) All presentations are to be short and concise and are to include a grievance has an expedited arbitration date comprehensive opening statement.
(f) The parties agree to make limited use of authorities during their presentations.
(g) The arbitrator shall hear the party that bears the onus grievances and shall render a decision within two working days of such hearings. No written reasons for the grievance will provide all particulars and documents decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(h) Prior to rendering a decision, the arbitrator may assist the parties in their possession relating mediating a resolution to the grievance. Disclosure must If this occurs, the cost will be provided borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no later than 30 calendar days precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(j) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(k) The parties shall equally share the cost of the fees and expenses of the arbitrator.
(l) The expedited arbitration date unless there arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. Ready • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
(m) It is mutual agreement not the intention of either party to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the appeal a decision of an expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration datearbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. (a) The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(ab) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;the
(6) grievances relating to employment security and matters arising from Article 14 - Hours of Work of the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise)Main Agreement;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms)demotions; andor
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant related to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be a matter already filed at a location central to the geographic area in which the dispute aroseformal arbitration.
(c) Once The parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances.
(d) The Arbitrator shall hear the grievances and shall render a grievance has an decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration date cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the party that bears categories listed in (b) above, may be removed from the onus for the grievance will provide all particulars expedited arbitration process and documents in their possession relating forwarded to a regular arbitration hearing pursuant to Clause 9.2, provided this occurs more than four weeks prior to the grievance. Disclosure scheduled hearing date.
(h) The parties will utilize case conference to mutually agree on the grievances set down for expedited arbitration, but all files must be provided set no later than 30 calendar days four weeks prior to the expedited hearing date. Once the parties mutually agree to set a grievance down for expedited arbitration date unless there is at or after case conference, it cannot unilaterally be forwarded to regular arbitration without mutual agreement to waive this timeline. of the parties or an order of an arbitrator.
(i) The responding party must provide disclosure no later than 20 calendar days prior to parties shall equally share the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure cost of particulars the fees and documents up to expenses of the Arbitrator and including the expedited arbitration datehearing rooms.
Appears in 1 contract
Sources: Public Service Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;A representative of the Employer and the Secretary-Business Manager of the HEU, or his/her designate or a Labour Relations Officer of the BCNU, shall meet each month, or as often as is required, to review outstanding grievances to determine, by mutual agreement, those grievances suitable for expedited arbitration. In addition, the parties will meet quarterly to review the expedited arbitration process and scheduling of hearing dates.
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) Those grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (agreed to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties.
(3) The location of the hearing is to be agreed to by the parties and but will be at a location central to the geographic area in which the dispute arose.
(c4) Once As the process is intended to be informal, lawyers will not be used to represent either party.
(5) All presentations are to be short and concise and are to include a grievance has an expedited arbitration date comprehensive opening statement. The parties agree to make limited use of authorities during their presentations.
(6) Prior to rendering a decision, the party that bears arbitrator may assist the onus for the grievance will provide all particulars and documents parties in their possession relating mediating a resolution to the grievance.
(7) Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated herein.
(8) The decision of the arbitrator is to be completed on the agreed to form and mailed to the parties within three (3) working days of the hearing.
(9) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. Disclosure must These decisions shall have no precedential value and shall not be provided no later than 30 referred to by either party in any subsequent proceeding.
(10) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(11) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(12) In the event that the representatives of the Union and the Employer cannot agree on an expedited arbitrator within thirty (30) calendar days prior after the request for expedited arbitration, the matter may be referred to an arbitration in accordance with Section 104 of the Labour Code
(13) The expedited arbitrator shall have the same powers and authority as an arbitration date unless there board established under the provisions of Article 5, excepting Article 5.06.
(14) It is mutual agreement understood that it is not the intention of either party to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior appeal a decision of an expedited arbitration.
(15) Any suspension for alleged cause that is not dealt with under Article 4.11 shall be referred immediately to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration dateArticle 4.07, for resolution.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(ab) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdaystwenty (20) work days;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) 7) grievances where a party Party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement ; and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodatedemotions. By mutual agreement, agreement a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for placed into the expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute aroseprocess.
(c) Once The Parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances.
(d) The Arbitrator shall hear the grievances and shall render a grievance has an decision within two (2) working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Expedited arbitration awards shall be of no precedential value and shall not thereafter be referred to by the Parties in respect of any other matter.
(f) All settlements of expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days cases prior to hearing shall be without prejudice.
(g) A grievance determined by either Party to fall within one of the categories listed in (b) above may be removed from the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Article 25.3.
(h) The Parties shall equally share the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure cost of particulars the fees and documents up to expenses of the Arbitrator and including the expedited arbitration datehearing rooms.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for The parties agree that it is mutually beneficial to resolve arbitrations in a timely and resolved by cost effective manner. To that end, expedited arbitration except will be used for all grievances in the nature of:
except: • Discipline over one (1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) day suspension; • Matters dealing with the Jurisdiction section; • Matters dealing with the Morkforce Adjustment section; • Union or corporate grievances requiring substantial interpretation of a provision related to the interpretation, application or administration of the Collective Agreement;
; • Matters dealing with Harassment or Discrimination; • Hiring and Promotion; • Producer's Authority; • The Employment Status section; • Improvement Plan; • Matters where the potential remedy is greater than five thousand dollars (6$5,000) grievances relating and • Mhere the parties mutually agree to employment security go to full arbitration or mediation - arbitration Considering the complexity of the matter, the timeliness of resolution and matters arising the need for establishing precedent, the parties may, by mutual agreement, refer any excepted matter to expedited arbitration. Mithin fifteen (15) business days of the grievance's referral to arbitration, the parties will select, from the report and recommendations list, an arbitrator, using the procedure set out in 16.7.1, who must be available to hear the grievance within thirty (30) business days of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where being contacted by the parties. If either party has reason to object to a party intends to raise proceeding on a preliminary objection;
(9) matters arising from or jurisdictional matter, such objection must be raised and arguments submitted in writing to the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
arbitrator at least ten (10) grievances arising from duty to accommodatebusiness days in advance of the hearing. By mutual agreementagreement of the parties, the selected arbitrator can hear more than one (1) case. The arbitrator must render a grievance falling into any brief written decision within ten (10) business days of these categories may the hearing. The arbitrator's decision(s) will be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard binding on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by parties only in respect of the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties grievance(s) that was (were) heard and will be at otherwise without prejudice or precedent. Only a location central person who has been hired by either party for a position other than legal counsel is eligible to the geographic area present cases in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timelinearbitration. The responding party must provide disclosure no later than 20 calendar days prior parties agree to keep the expedited arbitration date unless there is mutual agreement issues and facts simple and the witnesses to waive this timeline. This requirement does not preclude further disclosure a minimum in order to allow for an expeditious resolution of particulars and documents up to and including the expedited arbitration dategrievances and/or issues submitted.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances agreed to be that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. The hearing Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
Appears in 1 contract
Sources: Community Health Services and Support Tentative Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are agreed to be suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration The hearing dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(d) The parties shall make every effort to make use of an agreed to statement of facts.
(e) All presentations are to be short and concise and are to include a grievance has an expedited arbitration date comprehensive opening statement.
(f) The parties agree to make limited use of authorities during their presentations.
(g) The arbitrator shall hear the party that bears the onus grievances and shall render a decision within two working days of such hearings. No written reasons for the grievance will provide all particulars and documents decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(h) Prior to rendering a decision, the arbitrator may assist the parties in their possession relating mediating a resolution to the grievance. Disclosure must If this occurs, the cost will be provided borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no later than 30 calendar days precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(j) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(k) The parties shall equally share the cost of the fees and expenses of the arbitrator.
(l) The expedited arbitration date unless there arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Ready ▇▇▇▇ ▇▇▇▇▇▇, QC ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
(m) It is mutual agreement not the intention of either party to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the appeal a decision of an expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration datearbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) . Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) . Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date. After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration. As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party. The parties shall make every effort to make use of an agreed to statement of facts. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentations. The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision. Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect. All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports. All settlements of expedited arbitration cases prior to hearing shall be without prejudice. The parties shall equally share the cost of the fees and expenses of the Arbitrator. The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. Ready • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ • ▇▇▇ ▇▇▇▇▇ It is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. The parties have agreed to the following terms, conditions and process to resolve certain grievances by non-precedential expedited arbitration:
(a) All grievances shall be considered suitable for and resolved by expedited arbitration arbitration, except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(52) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(73) grievances requiring the presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection4) dismissals;
(95) matters arising from the maintenance agreement and classification manual rejection on probation;
(6) grievances involving a claim of duty to be resolved in accordance with their terms)accommodate;
(7) demotions; and
(10) grievances arising from duty to accommodate8) suspensions of 20 days or greater. By Despite the foregoing, by mutual agreement, a grievance falling into any of these the above-listed categories may be resolved by expedited arbitration.
(b) Those The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Ready ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇
(c) By January 15th of each year, the parties will schedule a minimum of two consecutive working days bi-annually, in each of, March and September, for hearings to resolve grievances that are suitable for expedited arbitration.
(d) The expedited arbitration pursuant to (a) above shall be scheduled process is intended to be heard informal.
(e) Outside counsel will not be used to represent either party.
(f) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 30 days prior to the hearing. The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate proposed fact proposed) to the proposed agreed statement of facts and provide any reliance documents 15 days prior to the hearing. The parties shall make every effort to agree on facts not in dispute. The parties shall not make any pre-hearing applications to the next available Arbitrator. The parties agree that they will not make use of documents produced in an expedited arbitration datefor any purpose other than the arbitration itself.
(g) All presentations are to be short and concise and shall begin with comprehensive opening statements, to be delivered at the commencement of the hearing, by both parties.
(h) The parties agree to minimize the use of legal authorities during their arguments.
(i) The Arbitrator shall render a decision within two working days of the arbitration hearing.
(j) Prior to rendering a decision, the Arbitrator may assist the parties by attempting to mediate a resolution to the grievance.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Expedited arbitration dates awards shall be mutually agreed of no precedential value and shall not be referred to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by in respect of any other matter other than further disciplinary action regarding the parties and will be at a location central to the geographic area in which the dispute arosesame employee.
(cl) Once a grievance has an All settlements of expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) There will be no appeal of expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration dateawards.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are agreed to be suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration The hearing dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(d) The parties shall make every effort to make use of an agreed to statement of facts.
(e) All presentations are to be short and concise and are to include a grievance has an expedited arbitration date comprehensive opening statement.
(f) The parties agree to make limited use of authorities during their presentations.
(g) The arbitrator shall hear the party that bears the onus grievances and shall render a decision within two working days of such hearings. No written reasons for the grievance will provide all particulars and documents decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(h) Prior to rendering a decision, the arbitrator may assist the parties in their possession relating mediating a resolution to the grievance. Disclosure must If this occurs, the cost will be provided borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no later than 30 calendar days precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(j) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(k) The parties shall equally share the cost of the fees and expenses of the arbitrator.
(l) The expedited arbitration date unless there arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. • ▇▇▇ ▇▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇ ▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ • ▇▇▇▇▇▇▇ ▇. Ready • ▇▇▇▇ ▇▇▇▇▇▇, QC • ▇▇▇▇ ▇▇▇▇▇▇ • ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
(m) It is mutual agreement not the intention of either party to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the appeal a decision of an expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration datearbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(b) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;this agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) 7) grievances where a party intends to raise a preliminary objection;
(8) demotions; or
(9) matters arising from the maintenance agreement and classification manual (grievances that are related to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodatea matter already filed at formal arbitration. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for placed into the expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute aroseprocess.
(c) Once The parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve groups of grievances.
(d) The Arbitrator shall hear the grievances and shall render a grievance has an decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(f) All settlements of expedited arbitration date cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the party that bears categories listed in (b) above, may be removed from the onus for the grievance will provide all particulars expedited arbitration process and documents in their possession relating forwarded to the grievance. Disclosure must be a regular arbitration hearing, provided no later this occurs more than 30 calendar days four weeks prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration scheduled hearing date.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreementcollective agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties. ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇
(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #23 (Scheduling of Expedited Arbitration).
Appears in 1 contract
Sources: Collective Agreement