Final Disposition of Grievances. When a grievance concerning the interpretation or alleged violation of this Agreement or Supplemental Agreements has not been settled at Step Two of the grievance procedure, the Union or the Company may, within 10 calendar days from the date of the Company's decision at Step Two, request pre- arbitration meeting, to be arranged through the Labour Relations Department.
Final Disposition of Grievances. A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal by employees that they have been unjustly disciplined or discharged, and which is not settled through the grievance procedure may be referred by either the Headquarters Labour Relations Department, Canadian National Railway Company or Unifor Local 100 herein defined as the parties to a single arbitrator for final and binding settlement without stoppage of work.
Final Disposition of Grievances. 25.1 When a grievance concerning the interpretation or alleged violation of this Agreement or supplemental Agreements has not been settled at Step 2 of the grievance procedure, the Union or the Company may, within 10 calendar days from the date of the Company's decision at Step 2, request pre-arbitration meeting, to be arranged through the Labour Relations Department.
25.2 The meeting will be held not later than 14 calendar days following the receipt of the above request. If such meeting is not requested, the Union or the Company must notify the other party in writing within the time limit specified in Rule 35.1 of its intention to proceed directly to arbitration with the grievance. If a pre-arbitration meeting fails to resolve the matter, it will be regarded as proceeding directly to arbitration in accordance with the following provisions.
25.3 When a grievance has been identified as proceeding to arbitration by either party, it must be scheduled for hearing with a sole arbitrator within 60 calendar days of the notification to proceed to arbitration or following the date the parties were unable to resolve the matter at a pre- arbitration meeting. Failure to schedule the grievance for arbitration within such period will result in the matter being considered dropped and not subject to further appeal. The Union will provide the Director of Human Resources with a list of the three arbitrators to have the matter heard. If the Company does not agree to any of the arbitrators, they will, within 10 calendar days, forward a list of three arbitrators for the Union’s consideration. If the Company fails to provide a list of arbitrators within the 10 calendar day period, the Union will arrange to have the matter heard by the arbitrator of its choice.
25.4 If the Union and the Company are unable to agree on the selection of a single arbitrator from among the three names supplied by each party, the Federal Minister of Labour shall be requested to appoint an impartial arbitrator. The arbitrator shall proceed as quickly as possible to determine the matter in dispute, and his/her decision shall be final and binding.
Final Disposition of Grievances. 13.1 A dispute which has not been settled at the last step of the grievance procedure may be referred by either party to a single arbitrator for final and binding settlement.
13.2 A request for arbitration shall be made within one hundred and twenty calendar days following the date the decision is rendered in writing by the officer designated in the last step of the grievance procedure or the due date of such decision if not received.
13.3 The request shall be made by filing written notice thereof with the arbitrator from time to time occupying the position of Arbitrator for the Canadian Railway Office of Arbitration. A copy of the request shall be sent to the other party.
Final Disposition of Grievances. 19.1 A grievance which is not settled at the last step of the grievance procedure may be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work.
19.2 A request for arbitration shall be made within sixty calendar days following the date decision is rendered in writing by the officer designated in the last step of the grievance procedure. The request shall be made by filing written notice thereof with the Canadian Railway Office of Arbitration in accordance with the procedure established by the Canadian Railway Office of Arbitration.
19.3 The time limits specified in Clause 19.2 may be extended by mutual agreement between the System Federation General Chairman and the officer designated by the company.
19.4 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of sixty calendar days prior to the date such grievance was submitted to the immediate supervisory officer in accordance with Clause 18.6.
Final Disposition of Grievances. 25.1 When a grievance concerning the interpretation or alleged violation of this Agreement or supplemental Agreements has not been settled at Step 2 of the grievance procedure, the Union or the Company may, within 10 calendar days from the date of the Company's decision at Step 2, request pre-arbitration meeting, to be arranged through the Labour Relations Department.
25.2 The meeting will be held not later than 14 calendar days following the receipt of the above request. If such meeting is not requested, the Union or the Company must notify the other party in writing within the time limit specified in Rule 35.1 of its intention to proceed directly to arbitration with the grievance. If a pre-arbitration meeting fails to resolve the matter, it will be regarded as proceeding directly to arbitration in accordance with the following provisions.
25.3 When a grievance has been identified as proceeding to arbitration by either party, it must be scheduled for hearing with a sole arbitrator within 60 calendar days of the notification to proceed to arbitration or following the date the parties were
25.4 If the Union and the Company are unable to agree on the selection of a single arbitrator from among the three names supplied by each party, the Federal Minister of Labour shall be requested to appoint an impartial arbitrator. The arbitrator shall proceed as quickly as possible to determine the matter in dispute, and his/her decision shall be final and binding.
Final Disposition of Grievances. 19.1 When a grievance concerning the interpretation or alleged violation of this Agreement or Supplemental Agreements has not been settled at Step Two of the grievance procedure, the Union or the Company may, within 10 calendar days from the date of the Company's decision at Step Two, request pre-arbitration meeting, to be arranged through the Labour Relations Department.
19.2 The meeting will be held not later than 14 calendar days following the receipt of the above request. If such meeting is not requested, the Union or the Company must notify the other party in writing within the time limit specified in Rule 19.1 of its intention to proceed directly to arbitration with the grievance. If a pre-arbitration meeting fails to resolve the matter, it will be regarded as proceeding directly to arbitration in accordance with the following provisions.
19.3 When a grievance has been identified as proceeding to arbitration by either party, it must be scheduled for hearing with the Canadian Office of Railway Arbitration within 60 calendar days of the notification to proceed to arbitration or following the date the parties were unable to resolve the matter at a pre-arbitration meeting. Failure to schedule the grievance for arbitration within such period will result in the matter being considered dropped and not subject to further appeal.
19.4 A request for arbitration shall be made by filing written notice thereof with the Canadian Railway Office of Arbitration in accordance with the procedure established by the Canadian Railway Office of Arbitration.
19.5 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond a period of 60 calendar days prior to the date such grievance was submitted to the immediate supervisory officer in accordance with Clause 18.6.
19.6 The arbitrator shall not have jurisdiction to add to, subtract from, modify, rescind, or disregard any of the provisions of the Collective Agreement or Supplemental Agreements. Disputes arising out of proposed changes in rates of pay, work hours and conditions of service, modifications or additions to this Collective Agreement are specifically excluded from the jurisdiction of the arbitrator. The arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to modify such penalty as in the opinion of the arbitrator is just and equitable.
19.7 Upon official notice, all reasonable arrangements will be made to permit the arbitrator to have access to the ...
Final Disposition of Grievances. 28.1 A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal by employees that they have been unjustly disciplined or discharged, and which is not settled through the grievance procedure may be referred by either the Headquarters Labour Relations Department, Canadian National Railway Company or the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW - CANADA) Local 100 herein defined as the parties to a single arbitrator for final and binding settlement without stoppage of work.
28.2 The party requesting arbitration must so notify the other party in writing within sixty (60) calendar days following the date the decision was rendered at the last step of the grievance procedure.
28.3 Within forty-five (45) calendar days of date of receipt of a request for arbitration the parties shall endeavour to agree on the name of the arbitrator. If agreement is not then reached, the party requesting arbitration may then request the Minister of Labour to appoint an arbitrator and advise the other party accordingly. Such request to the Minister of Labour must be made no later than fourteen (14) calendar days following the 45-day period referred to in this paragraph.
28.4 A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement allegedly violated, shall be jointly submitted to the Arbitrator in advance of the date of the hearing. In the event the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party.
28.5 The hearing shall be held by the Arbitrator in the office of the Railway unless otherwise mutually arranged, or unless the Arbitrator deems it advisable because of special circumstances to hold the hearings elsewhere.
28.6 At the hearing before the Arbitrator, argument may be given orally and/or in writing, and each party may call such witnesses as it deems necessary.
28.7 Disputes arising out of proposed changes in rates of pay, work hours and conditions of service, modifications or additions to this Collective Agreement, are specifically excluded from the jurisdiction of the Arbitrator, and the decision of the Arbitrator shall not in any case add to, subtract from, modify, rescind or disregard any provision of this Collective Agreeme...
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Final Disposition of Grievances. A dispute which has not been settled by a majority vote at the hearing of the Joint Committee of Appeal may be referred by either party to a single Arbitrator for final and binding settlement. The party requesting arbitration must so notify the other party in writing within calendar days following the date the decision was rendered.