Common use of Final Settlement of Disputes Clause in Contracts

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.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Final Settlement of Disputes. 10.1 A grievance concerning the interpretation or alleged violation of this Agreementagreement, 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 agreement, are specifically excluded from the jurisdiction of the arbitrator, arbitrator and he/she shall have no power to add to or subtract from, or modify any of the terms of this Agreementagreement. 10.6 The hearing shall be held by the arbitrator in the offices of the Company company at North Bay, Ontario unless the arbitrator deems it advisable because of special circumstances to hold the hearing elsewhere. 10.7 The Company company and the Union 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.the 10.8 The time limits as provided herein may be extended by mutual agreement.mutual

Appears in 1 contract

Samples: Collective Agreement

Final Settlement of Disputes. 10.1 A grievance concerning the interpretation or alleged violation of this Agreementagreement, 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 t o a single arbitrator for final and binding settlement without stoppage of work. 10.2 . A request for arbitration must be made in i n writing by either party to t o 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 t o the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to t o be appointed, the Minister of Labour shall be requested to select an arbitrator and his/her selection shall be final. 10.4 At . A t 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 t o the scope of this Agreement agreement, are specifically excluded from the jurisdiction of the arbitrator, arbitrator and he/she shall have no power to add to t o or subtract from, or modify any of the terms of this Agreement. 10.6 agreement. The hearing shall be held by the arbitrator in the offices of the Company company at North Bay, Ontario unless the arbitrator deems it advisable because of special circumstances to t o hold the hearing elsewhere. 10.7 . The Company company and the Union 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.

Appears in 1 contract

Samples: Collective Agreement

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Final Settlement of Disputes. 10.1 A grievance concerning the interpretation or alleged violation of this Agreementagreement, 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 agreement, are specifically excluded from the jurisdiction of the arbitrator, 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 agreement. The hearing shall be held by the arbitrator in the offices of the Company company at North Bay, Ontario unless the arbitrator deems it advisable because of special circumstances to hold the hearing elsewhere. 10.7 . The Company company and the Union 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.

Appears in 1 contract

Samples: Collective Agreement

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