Expedited Mediation/Arbitration Process. By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply:
(a) 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;
(b) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party;
(c) Prior to rendering a decision the Arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, the Arbitrator's decision shall be brief and to the point;
(d) The offices of Amica at Somerset House and the Union will be used for the process on an alternating basis starting with the union office;
(e) The Arbitrator shall hear the grievances and shall render a decision within seven calendar days of such hearings. No written reasons for the decisions shall be provided beyond that which the Arbitrator deems appropriate to convey a decision;
(f) All decisions of the Arbitrator are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding;
(g) All settlements of expedited arbitration cases prior to hearing shall be without prejudice;
(h) The parties shall equally share the costs of the fees and expenses of the Arbitrator;
(i) The expedited Arbitrator, who shall act as a sole arbitrator, shall be mutually agreed to by the parties. It is agreed that arbitration decisions made under this provision will not be appealed.
Expedited Mediation/Arbitration Process. 26.1 The parties recognize that the expeditious resolution of workplace disputes is mutually beneficial and agree to jointly develop terms of reference for an expedited mediation-arbitration process within ninety (90) days of April 9, 2014 of the Collective Agreement. The parties further agree to proceed with this process on a trial basis during the life of the contract.
Expedited Mediation/Arbitration Process.
(a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 22 of the Collective Agreement:
i. The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
ii. The outcome may be binding on both parties.
iii. The cost will be shared half (½) by the Employer and half (½) by the Union
iv. The procedure cannot be used should an application for a Settlement Officer, under Section 87 of the Labour Relations Code, have been made by either party.
v. No legal counsel will be used by either party. The Union will use elected officers or Union representatives. The Employer will use employees of their Human Resources Office.
vi. The number of cases to be heard at any given time will not exceed three (3).
vii. Wherever possible, the arbitrator will attempt to mediate a settlement between the parties.
viii. In such cases that the arbitrator must write a decision, such decision shall be brief and to the point.
Expedited Mediation/Arbitration Process. By mutual agreement, the parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to expedited arbitration, the following procedure shall apply:
(a) 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;
(b) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party;
(c) Prior to rendering a decision the Arbitrator may assist the parties in mediating a resolution to the grievance. Where mediation fails, the Arbitrator's decision shall be brief and to the point;
Expedited Mediation/Arbitration Process. (a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 22 of the Collective Agreement:
(i) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement.
(ii) The outcome may be binding on both parties.
Expedited Mediation/Arbitration Process. (a) Recognizing that there are times when an expedited arbitration may be desirable, the parties agree that the following process may be used as a substitute for the formal Grievance Procedure outlined in Article 22 of the Collective Agreement: The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. The outcome may be binding on both parties. The cost will be shared half (½) by the Employer and half (½) by the Union. The procedure cannot be used should an application for a Settlement Officer, under Section 87 of the Labour Relations Code, have been made by either party. No legal counsel will be used by either party. The Union will use elected officers or Union representatives. The Employer will use employees of their Human Resources Office. The number of cases to be heard at any given time will not exceed three (3). Wherever possible, the arbitrator will attempt to mediate a settlement between the parties. In such cases that the arbitrator must write a decision, such decision shall be brief and to the point.
Expedited Mediation/Arbitration Process. (a) The parties may determine by mutual agreement that a grievance is suitable for an expedited mediation/arbitration process. Once the parties have agreed, the process in this Clause will substitute for that portion of the grievance arbitration provisions of the Agreement contained in Article 8 and the remainder of Article 9 that have not already been exhausted by the parties.
Expedited Mediation/Arbitration Process. (a) The parties may determine by mutual agreement that a grievance is suitable for an expedited mediation/arbitration process. Once the parties have agreed, the process in this Clause will substitute for that portion of the grievance arbitration provisions of the Agreement contained in Article 8 that have not already been exhausted by the parties.
(b) The framework for the expedited mediation/arbitration process is as follows:
(1) all grievances shall be considered suitable for and resolvable by expedited arbitration except those dealing with dismissals, and those arising out of grievances filed pursuant to Article 1.5 - Harassment;
(2) an arbitrated outcome will be binding on the parties; mediation will result in recommended terms of settlement only;
(3) when a mediator recommends terms of settlement to the parties, the cost will be borne in accordance with Section 103 of the Labour Relations Code: Employer – 1/3, Union - 1/3, Ministry of Finance – 1/3;
(4) the process may only be used after exhaustion of all steps of the grievance procedure;
(5) no legal counsel will be used by either party. The Union will use elected officers or Staff Representatives. The Employer will use representatives who are not part of the bargaining unit;
(6) the procedure cannot be used should an application for a Settlement Officer under Section 7 of the Labour Relations Code have been made by either party;
(7) the number of cases to be heard at any given time will not exceed three (3);
(8) the parties or their representatives will try to arrive at a prepared, agreed statement of facts for joint presentation to the mediator/arbitrator;
(9) wherever possible the appointee will attempt to secure a mediated settlement between the parties, and shall contain a summary of the reasons for the decision;
(10) in a case where the arbitrator must write a decision, such decision shall be brief and to the point, but shall contain a summary of the reasons for the decision;
(11) an agreed schedule for the process will be arranged by the parties in advance, based on a mutual assessment of the length of time needed to present each case;
(12) formal rules of evidence will be waived except for the rule of "onus";
(13) the offices of Victoria Cool Aid Society and the Union will be used for the process on an alternating basis starting with the Union office;
(14) the parties will arrange expedited arbitration as the need arises. However, the parties agree that all grievances selected for this proces...
Expedited Mediation/Arbitration Process. The Union or the Employer may propose an Expedited Medi- ation-Arbitration Procedure within fifteen (15) calendar days after the reply to a Step 2 grievance.. Within seven (7) days of the request for expedited mediation-arbitration, either par- ty must respond as to their decision to proceed to expedited mediation/arbitration or arbitration under 28.
01. The expedited mediation/arbitration procedure will be held within ninety (90) days of the decision to proceed to expe- dited mediation/arbitration. The selection of mediator/arbitra- tor will be on a rotation basis of the agreed upon individuals provided the time limits can be met. The final and binding decision will be presented within thirty
Expedited Mediation/Arbitration Process. The Union or the Employer may propose an Expedited Mediation- Arbitration Procedure within fifteen (15) calendar days after the reply to a Step 2 grievance. Within seven (7) days of the request for expedited mediation-arbitration, either party must respond as to their decision to proceed to expedited mediation/arbitration or arbitration under 28.
01. The expedited mediation/arbitration procedure will be held within ninety (90) days of the decision to proceed to expedited mediation/arbitration. The selection of mediator/arbitrator will be on a rotation basis of the agreed upon individuals provided the time limits can be met. The final and binding decision will be presented within thirty (30) days of the completion of the expedited mediation/arbitration.
