Grievance Commissioner. The Employer and Union may mutually agree in writing to invoke the Commissioner Process rather than proceed to arbitration as set out in this Collective Agreement. All cases referred to arbitration where an employee has a grievance concerning discipline will only be referred to a Grievance Commissioner if the Employer and the Union agree in writing on all the facts. The parties may also agree to group grievances before a single Grievance Commissioner. A Grievance Commissioner (where more than one, acting in rotation) will set aside such time as may be requested by the Employer and the Union to consider and determine grievances referred to them. A Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board of Arbitration hereunder, save and except as expressly provided in 9.18 to 9.22 hereof.
Grievance Commissioner. In place of the Arbitration Procedure outlined above, the parties agree to attempt to use a Grievance Commissioner as follows:
a) The Employer and the Union may agree in writing to the appointment of a person as a single arbitrator to be known as a Grievance Commissioner. The Grievance Commissioner shall consider and make a judgment on grievances referred to her/him. The decision shall be final and binding on both parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board of Arbitration as stipulated in this Collective Agreement save and except as expressly provided herein;
b) The decision of the Grievance Commissioner shall only be applicable to the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this Agreement, the decision of the Grievance Commissioner shall:
(i) be consistent with the provisions of this Agreement; and
(ii) be confined to the grievance referred to her/him.
c) The Union and the Employer shall each be responsible for one-half (½) of the expenses of the fees payable to the Grievance Commissioner.
d) The following rules shall govern the proceedings of the Grievance Commissioner:
(i) When referring a grievance to the Grievance Commissioner, the parties shall provide her/him with the Step 3 Summary (or as amended by agreement of the parties) and the decision of the Employer Representative at Step 3;
(ii) The parties shall supply the Grievance Commissioner and each other with additional concise and brief written representations on which they intend to reply provided that such are mailed not less than ten (10) days before the commencement of the hearings of the Grievance Commissioner;
(iii) At the hearing the parties may make such further presentations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence;
(iv) The Grievance Commissioner must render her/his decision in writing without reasons to both parties within seven (7) days of the conclusion of the hearings. Upon request by either party after her/his decision has been rendered, the Grievance Commissioner shall deliver brief reasons, but such reasons shall not form part of her/his decision.
Grievance Commissioner. As an alternative to the regular arbitration procedure (clause 17(a) through (f)) the parties shall have the option of mutually agreeing to refer a Step Three grievance to a Grievance commissioner. The selection of the commissioner shall also be by mutual agreement between the Union and the Company. The decision of the Grievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in the Agreement, the decision of the Grievance Commissioner shall:
Grievance Commissioner. A Grievance Commissioner to be selected by mutual consent of the parties from time to time will set aside each month or other period such time as may be requested by the Company and the Local Union to consider and determine grievances and direct differences referred to him for final and binding arbitration. A Grievance Commissioner shall have the same powers and be subject to the same limitations as a Single Arbitrator except as provided in paragraphs (b) to (e) hereof.
Grievance Commissioner. The Employer and the union agree that upon joint application of the parties, a private Grievance Settlement/Mediation Officer may be called in to attempt to effect a settlement between the parties in respect to any unresolved grievance. The parties further agree that this process is not meant to delay the prompt processing of any grievance and that the expenses of the Grievance Settlement Officer/Mediator shall be shared 50/50 between the parties.
Grievance Commissioner. As an alternative to the regular arbitration procedure, the parties shall have the option of mutually agreeing to refer a post third step grievance to a Grievance Commissioner in the following procedure:
Grievance Commissioner. As an alternative to the regular arbitration procedure provided for herein, the parties may agree in writing to jointly refer a grievance for final and binding arbitration to a Grievance Commissioner selected by mutual agreement of the parties. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator appointed pursuant to the regular arbitration procedures provided for herein.
Grievance Commissioner. The Company and Union may agree in writing to the appointment of a person or persons as a single arbitrator to be known as a Grievance Commissioner hereunder. All cases referred to arbitration where an employee has a grievance concerning either discipline received by him or overtime not paid to him will be referred to a Grievance Commissioner if the Company and the Local Union agree in writing on all the facts to be placed before the Grievance Commissioner. With respect to overtime cases, either party may elect to have the matter heard at arbitration if it considers the issues involved to be of precedential importance. A Grievance Commissioner (where more than one, acting in rotation) will set aside each month such time as may be requested by the Company and the Union to consider and determine grievances referred to him hereunder for final and binding arbitration. A Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board of Arbitration hereunder, save and except as expressly provided in paragraphs 8.02 to 8.05 hereof.
Grievance Commissioner. In addition, they shall supply the Grievance Commissioner and each other with brief written representations on which they intend to rely provided that such are mailed not less than ten days before the commencement of the hearings of the Grievance Commissioner.
Grievance Commissioner. A Grievance Commissioner to be selected by mutual consent of the parties from time to time will set aside each month or other period such time as may be requested by the Company and the Local Union to consider and determine grievances and direct differences referred to him for final and binding arbitration. A Grievance Commissioner shall have the same powers and be subject to the same limitations as a Single Arbitrator except as provided in paragraphs to (e) hereof. Through the Grievance Commissioner the parties desire the expeditious means for the effective disposition of grievances and direct differences which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of the Grievance Commissioner are set out in Schedule hereto. The decision of the Grievance Commissioner shall be applicable only to the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this Agreement the decision of the Grievance Commissioner shall: be consistent with the provisions of this Agreement. be confined to the grievance or direct difference referred to him.
