Final Settlement of Disputes. 25.1 Provision shall be made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this Agreement governing rates of pay and working conditions which cannot otherwise be disposed of between Officers of the Corporation and the Union.
25.2 A grievance concerning the interpretation or alleged violation of this Agreement or an appeal by an employee that he has been unjustly disciplined or discharged and which is not settled at Step 3 may be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the regulations of that Office.
25.3 The request for arbitration must be made in writing within 45 calendar days following the decision rendered at the last step by filing notice thereof with the Canadian Railway Office of Arbitration and on the same date by transmission of copy of such filed notice to the other party.
25.4 The time limits provided under this Article may be extended by agreement between the designated National or Regional Representative of the Union and the Department Director, Labour Relations of the Corporation.
Final Settlement of Disputes. 33.1 Failing settlement in accordance with the last step of Article 32 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work.
33.2 The request for arbitration must be made in writing by either party to the other within 45 calendar days from the date the decision was rendered by the Company in the last step of the Grievance Procedure. If the request is not so made the matter will be considered to have been satisfactorily settled and shall not be processed to arbitration.
33.3 The party requesting arbitration shall submit with its request the names of three potential arbitrators. If the other party does not agree to at least one of the nominees so proposed, it shall in its turn submit within 21 calendar days to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator, and his selection shall be final.
33.4 At the hearing before the arbitrator, argument may be given orally or in writing, and each party may call such witnesses as it deems necessary.
33.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of the Agreement, are specifically excluded from the jurisdiction of the arbitrator, and he shall have no power to add to, or subtract from or modify any of the terms of the Agreement.
33.6 The arbitrator shall render his decision, in writing together with his written reasons to the parties concerned within 30 calendar days following the conclusion of the hearing.
33.7 The Company and the Guild shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally.
33.8 The time limits as provided herein may be extended by mutual agreement.
Final Settlement of Disputes. 35.1 All differences between the parties to this agreement concerning its meaning or violation which cannot be mutually adjusted shall be submitted to the Canadian Railway Office of Arbitration for final settlement without stoppage of work.
35.2 Request for arbitration must be made in writing within 60 days following the date decision is rendered at the final step of the grievance procedure.
Final Settlement of Disputes. 7.1 Provision shall be made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this agreement governing rates of pay and working conditions which cannot otherwise be disposed of between Officers of the Company and the Union.
7.2 A grievance concerning the interpretation or alleged violation of this agreement or appeals by employees that they have been unjustly disciplined or discharged and which are not settled at Step 3 may be referred by either party to the Canadian Railway Office of Arbitration and Dispute Resolutions for final and binding settlement without stoppage of work in accordance with the regulations of that Office.
7.3 The request for arbitration must be made in writing within 45 calendar days following receipt of the decision rendered at Step 3 of the grievance procedure by filing notice thereof with the Canadian Railway Office of Arbitration and Dispute Resolutions on the same date by transmission of a copy of such filed notice to the other party.
7.4 The time limits as provided herein may be extended by mutual agreement.
Final Settlement of Disputes. A grievance which is not settled at the Vice-President's 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.
Final Settlement of Disputes. 10.1 A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal by an employee that he/she has been unjustly disciplined or discharged, and which is not settled at the highest level of the grievance procedure, may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work.
10.2 A request for arbitration must be made in writing by either party to the other within 28 calendar days following the decision rendered at Step 3 of the Grievance Procedure.
10.3 The party requesting arbitration shall submit with its request the names of three arbitrators. If the other party does not agree to one of the nominees so proposed, it shall within 28 calendar days from receipt of such request submit to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator and his/her selection shall be final.
10.4 At the hearing before the arbitrator, argument may be given orally or in writing and each party may call such witnesses as it deems necessary.
10.5 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in, or additions to the scope of this Agreement are specifically excluded from the jurisdiction of the arbitrator, and he/she shall have no power to add to or subtract from, or modify any of the terms of this Agreement.
10.6 The hearing shall be held by the arbitrator in the offices of the Company at North Bay, Ontario unless the arbitrator deems it advisable because of special circumstances to hold the hearing elsewhere.
10.7 The Company and the Union shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator, but any general or common expenses, including the remuneration of the arbitrator, shall be divided equally.
10.8 The time limits as provided herein may be extended by mutual agreement.
Final Settlement of Disputes. 28.01 Provisions shall be made in the following manner, without stoppage of work, for final and binding settlement of differences or disputes, including personal grievances, which arise concerning application or interpretation of this collective agreement governing rates of pay and working conditions which cannot otherwise be settled or disposed of between Officers of the Company and Union.
28.02 A grievance concerning the interpretation or alleged violation of this collective agreement or an appeal opposing the discipline imposed on an employee or discharge, and which has not been settled at Step 2 of the grievance procedure (Article 27), may be referred by either party to the Canadian Railway Office of Arbitration and Dispute Resolution (CRO&DR) pursuant to the rules of that office, for final and binding settlement without stoppage of work.
28.03 A request for arbitration must be made in writing within sixty (60) calendar days from the date the decision is rendered in writing by the Company at Step 2 of the grievance procedure. Such request shall be made by providing notice thereof to the Canadian Railway Office of Arbitration and Dispute Resolution (CRO&DR) pursuant to the rules of that office, and at the same time, providing a copy to the other party. The request for arbitration shall contain or be accompanied with a joint statement of issue. If the parties cannot agree on a joint statement of issue, ex parte statements may be submitted.
28.04 The time limits as set out in this Article may be extended by mutual agreement.
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Final Settlement of Disputes. 25.1 Provision is made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this Agreement governing rates of pay and working conditions, which cannot otherwise be disposed of between officers of the Corporation and the Union.
25.2 A grievance concerning the interpretation or alleged violation of this Agreement or an appeal by an employee that he has been unjustly disciplined or discharged and which is not settled at Step 3, may be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the regulations of that office.
25.3 The request for arbitration must be made in writing within 45 calendar days following the decision rendered at the last step of the Grievance Procedure, by filing notice thereof with the Canadian Railway Office of Arbitration and on the same date by transmission of a copy of such filed notice to the other party.
25.4 The time limits as provided in this Article may be extended by mutual agreement.
26.1 Health and Welfare benefits will be provided in accordance with the amendments as set forth in the Memorandum of Agreement dated July 21, 2007.
Final Settlement of Disputes. A grievance or a number of grievances, by mutual consent, concerning the interpretation or alleged violation of this Agreement or appeal against discipline imposed, which has been processed in the manner and through each of the steps outlined in the Grievance Procedure and still has not been settled or disposed of may be referred by either of the signatories to this Agreement to one of the following arbitrators in rotation for final and binding settlement without work stoppage:
Final Settlement of Disputes. 7.1 All differences between the parties to this Agreement concerning its’ meaning or violation which cannot be mutually adjusted shall be submitted to the Canadian Railway Office of Arbitration and Dispute Resolution for final settlement without stoppage of work.
