FINDINGS OF THE ARBITRATOR(S. The findings of the Arbitrator(s) or the majority of the Board of Arbitrators as to the facts and as to the interpretation, application, administration or alleged violation of this Agreement, including the question as to whether the matter is arbitrable, shall be final, conclusive and binding upon all parties concerned, but in no event shall the arbitrator be authorized to alter, modify or amend any part of this Agreement. If an Arbitrator(s) decides that the Company failed to exercise its judgement pursuant to section 16.13 (Job Selection) in a fair and reasonable manner the Company shall fill the vacancy with the applicant having the greatest seniority, providing he has the ability, knowledge, training and skill to do the job. Where an Arbitrator(s) determines that an employee has been discharged or otherwise disciplined by the Company for just cause, the arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator(s) considers just and reasonable in all the circumstances.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, sp.ltc.gov.on.ca
