Common use of Grievance Commissioner Clause in Contracts

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. 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. In place of the Arbitration Procedure arbitration procedure outlined above, the parties agree to attempt to use a Grievance Commissioner 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 judgement on grievances referred to her/himthem. 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 board of Arbitration 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 the Agreement; and; (ii) be confined to the grievance referred to her/himthem. c) The Union and the Employer shall each be responsible for one-half (½) of the expenses of the and fees payable to the Grievance Commissioner. d) . The following rules shall govern the proceedings of the Grievance Commissioner: (id) When referring a grievance to the Grievance Commissioner, the parties shall provide her/him them with the Step 3 Three Summary (or as amended by agreement of the parties) and the decision of the Employer Representative Employer's representative at Step 3Three; (iie) 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 no less than ten (10) days before the commencement of the hearings hearing of the Grievance Commissioner; (iiif) At the hearing the parties may make such further presentations representations 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; (ivg) The Grievance Commissioner must render her/his their 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 a decision has been rendered, the Grievance Commissioner shall deliver brief reasons, but such reasons shall not form part of her/his their decision. In such case, that is the specific request for reasons, the additional costs shall be borne by the party(ies) requesting the information.

Grievance Commissioner. In place of As an alternative the regular Arbitration Procedure outlined above, the parties agree shall have the option to attempt a grievance to use a Grievance Commissioner as follows: a) following the of Grievance Procedure in the 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, who will set aside such time as may be by the to consider and determine the grievances referred hereunder for and binding arbitration. 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 die same limitations as an arbitrator pursuant to of the Collective Through Grievance parties desire the expeditious means for the effective disposition of which the have be handled in a Board manner. The the summary of Arbitration as stipulated the Grievance Commissioner are set out in this Collective Agreement save and except as expressly provided herein; b) the following paragraphs. The decision of the Grievance Commissioner shall only be applicable to 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 this Agreementthe 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 the Commissioner. Union and the Employer shall each be responsible for one-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 The parties shall provide her/him Commissioner with the Step 3 Summary (or as amended by agreement of grievance. the parties) replies 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 a on which they intend to reply provided that such are rely. Such statements must be mailed not less than ten (10) days before the commencement of the hearings hearing. parties shall at (10) days to the hearing date in order to determine what information or can be agreed upon prior to hearing in that a statement of provided to each party and the Grievance before the of the Grievance Commissioner; (iii) hearing. The purpose of the hearing is to the issues and facts in dispute. 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 a 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 xxxxx, decision has been rendered, the Grievance Commissioner shall deliver brief reasons, but such reasons shall not form part of her/his the decision. the Grievance Commissioner is required the Union shall mutually who shall act as Grievance Commissioner.

Grievance Commissioner. In place of (a) As an alternative to the Arbitration Procedure outlined above, procedure in (ii) or (iii) the parties agree may agree, in writing, to attempt refer a grievance(s) for final and binding arbitration 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 partiesselected by mutual agreement. The Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board an arbitrator appointed under (ii) or (iii) above. (b) The expeditious disposition of Arbitration as stipulated such grievance(s) shall be accomplished in this Collective Agreement save and except as expressly provided herein;the following summary manner: b(i) The decision of the Grievance Commissioner shall only be applicable confined to the case in question and grievance referred to him/her, considering one grievance at a time. Such decision 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 shall not alter, modify or amend 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 decision of the Grievance Commissioner shall apply only to the grievance so presented, considering one grievance at a time, and shall not constitute a precedent to be referred to by either party or used in any future arbitration. However, with respect to the individual grievance so presented, the decision shall be final and binding upon the Company, the Union, and the grievor. In view of this, a Policy grievance shall not be arbitrated under this 6.04 (iv). (iii) The fees and charges of the Commissioner shall be born equally by the two (2) parties hereto. (iv) The parties shall meet at least thirty days prior to the hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a joint Agreed Statement of Facts by the parties. In addition, a Joint Statement of Evidence will be prepared by both parties which will outline all facts and assertions that cannot be agreed upon that each other with additional concise party considers relevant and brief written representations on which they intend intends to reply call evidence in respect at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided that such are mailed not less than to the Grievance Commissioner at least ten (10) days before the commencement of the hearings grievance hearing. (v) The purpose of the Grievance Commissioner; (iii) hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations representations 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;. (ivvi) The Grievance Commissioner must shall be required to render her/his decision decision, in writing without reasons to both parties writing, together with brief written reasons, within seven (7) days of the conclusion of the hearings. Upon request hearing. (c) It is understood and agreed that grievance related to discipline (excluding suspension and termination) may be referred by either party after her/his but other cases may not be referred to a Grievance Commissioner without the mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement. (d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in this Agreement, either before a decision has been rendered, rendered by the Grievance Commissioner or at any time thereafter. (e) This system shall deliver brief reasons, but such reasons shall not form part of her/his decisionbe on a trial basis which may be discontinued by either party by giving written notice to the other.

Grievance Commissioner. In place of As an alternative to the Arbitration Procedure outlined above, regular arbitration procedure the parties agree shall have the option of mutually agreeing to attempt refer a post third step grievance to use a Grievance Commissioner as followsgrievance commissioner in the following procedure: (a) The Employer employer and the Union may agree in writing to the appointment of a person Xxxxxxx Xxxxxxx as a single arbitrator to be known as a Grievance Commissioner. The Grievance Commissioner shall 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 make a judgment on grievances determine grievance referred to her/him. The decision shall be him hereunder for final and binding on both partiesarbitration. The Grievance Commissioner grievance commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 18 - Grievance Procedure. (b) Through the grievance commissioner, the parties desire the expeditious means for the effective disposition of grievance which the parties have agreed may be handled in a Board summary manner. The rules governing the summary proceeding of Arbitration as stipulated the grievance commissioner are set out in this Collective Agreement save and except as expressly provided herein;the schedule hereto. b(c) The decision of the Grievance Commissioner grievance commissioner shall only be applicable to 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 this Agreementthe agreement, the decision of the Grievance Commissioner grievance commissioner shall: (i) be Be consistent with the provisions provision of this Agreement; andthe agreement. (ii) be Be confined to the grievance referred to her/him. c(d) The Union and the Employer shall each be responsible for one-half (½) of the expenses of the any fees payable to the Grievance Commissionergrievance commissioner. d(e) The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the Grievance Commissioner, the parties a grievance commissioner shall also provide her/him with the Step 3 Summary II summary (or as amended by agreement of the parties) and the decision decisions of the Employer Representative management representative at Step 3;II and Step III. (iif) The parties shall supply the Grievance Commissioner grievance commissioner and each other with additional concise and brief written representations representation 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;grievance commissioner. (iiig) The parties shall meet at least ten (10) days prior to the hearing day in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of facts can be written and provided to each party and the grievance commissioner before the commencement of the hearing. (h) The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing the parties may make such further presentations representations or adduce such evidence as the Grievance Commissioner grievance commissioner may permit or require, but the Grievance Commissioner grievance commissioner shall not be obligated to conform to the rules of evidence;. (ivi) The Grievance Commissioner 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 grievance commissioner shall deliver brief reasons, reasons but such reasons shall not form part of her/his decision.

Grievance Commissioner. In place 79.1 Grievance Commissioner may serve as an alternative to the mediation or regular arbitration procedure. The parties shall have the option of the Arbitration Procedure outlined above, the parties agree mutually agreeing to attempt refer a post fourth step grievance to use a Grievance Commissioner as followsin the following procedure: a) 79.2 The Employer Company and the Union may agree in writing to the appointment of a person or persons as a single arbitrator Arbitrator to be known as a Grievance Commissioner (where more than one, acting in rotation) will be set aside such time as may be requested by the Company and the Union to consider and determine grievances referred hereunder on a Without Prejudice and non-binding fashion. 79.3 Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of 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;are set out hereto. b) 79.4 The decision of the Grievance Commissioner shall only be applicable to in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. . 79.5 If the decision of the Grievance Commissioner is unacceptable to either party, the matter may be brought forward to Mediation or Arbitration. 79.6 Notwithstanding anything contained in this the Agreement, the decision of the Grievance Commissioner shall: (ia) be consistent with the provisions of this Agreement; and (iib) be confined to the grievance referred to him/her/him. c) 79.7 The Union and the Employer Company shall each be responsible for one-half (½) of the expenses of the any fees payable to the Grievance Commissioner. d) 79.8 The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the a Grievance Commissioner, the parties Commissioner shall also provide her/him with the Step 3 Summary summary (or as amended by agreement of the parties) and the decision decisions of the Employer Management Representative at Step 3;2, Step 3 and Step 4. (ii) 79.9 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;. 79.10 The parties shall meet at least ten (iii10) days prior to the hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing. 79.11 The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing the parties may make such further presentations representations 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) 79.12 The Grievance Commissioner must render her/his a 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 the decision has been rendered, the Grievance Commissioner shall deliver brief reasons, reasons but such reasons shall not form part of her/his decision.the decision.‌

Grievance Commissioner. In place of As an alternative to the Arbitration Procedure outlined aboveprocedure defined in Article 9, the parties may mutually agree to attempt to use a Grievance Commissioner as follows: a) the following: The Employer Company and the Union may hereby agree in writing to the appointment of a person as a single arbitrator to be known as a Grievance Commissioner. The Grievance Commissioner shall , who will set aside such time as may be request- ed by the Company and the Union to consider and make a judgment on determine grievances referred to herhim/him. The decision shall be her hereunder for final and binding on both partiesarbitration. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 9. Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances to be handled in a Board summary manner. The rules governing the summary proceedings of Arbitration as stipulated the Grievance Commissioner are set out in this Collective Agreement save and except as expressly provided herein; b) the schedule hereto. The decision of the Grievance Commissioner shall only be applicable to appli- cable in the case in question and shall not constitute a precedent xxxxx- xxxx nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this the Agreement, the decision deci- sion of the Grievance Commissioner shall: (i1) be consistent with the provisions of this Agreement; and (iithe Agreement 2) be confined to the grievance referred to herhim/him. c) her The Union and the Employer shall each be responsible for one-one- half (½) of the expenses of the any fees payable to the Grievance Commissioner. d) Com- missioner. The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the Grievance CommissionerCom- missioner, the parties shall also provide herhim/him her with the Step 3 Summary II summary (or as amended by agreement of the parties) and the decision decisions of the Employer Representative Management representative at the Step 3; (ii) II. The parties shall supply the Grievance Commissioner and each other with additional concise and brief written representations on which they intend to reply upon provided that such are mailed not less than ten (10) days before the commencement of the hearings hear- ings of the Grievance Commissioner; . The parties shall meet at least ten (iii10) days prior to the hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Griev- ance Commissioner before the commencement of the hearing. The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations rep- resentations or adduce such evidence as the Grievance Commissioner Com- missioner may permit or require, but the Grievance Commissioner Commis- sioner shall not be obligated to conform to the rules of evidence; (iv) . The Grievance Commissioner must render herhis/his her decision in writing without reasons to both parties within seven (7) days of the conclusion of the hearings. Upon request by either party party, after herhis/his her decision has been rendered, the Grievance Commissioner Com- missioner shall deliver brief reasons, reasons but such reasons shall not form part of herhis/his her decision.

Grievance Commissioner. In place 80.1 Grievance Commissioner may serve as an alternative to the mediation or regular arbitration procedure. The parties shall have the option of the Arbitration Procedure outlined above, the parties agree mutually agreeing to attempt refer a post fourth step grievance to use a Grievance Commissioner as followsin the following procedure: a) 80.2 The Employer Company and the Union may agree in writing to the appointment of a person or persons as a single arbitrator Arbitrator to be known as a Grievance Commissioner (where more than one, acting in rotation) will be set aside such time as may be requested by the Company and the Union to consider and determine grievances referred hereunder on a Without Prejudice and non-binding fashion. 80.3 Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a summary manner. The rules governing the summary proceedings of 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;are set out hereto. b) 80.4 The decision of the Grievance Commissioner shall only be applicable to in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. . 80.5 If the decision of the Grievance Commissioner is unacceptable to either party, the matter may be brought forward to Mediation or Arbitration. 80.6 Notwithstanding anything contained in this the Agreement, the decision of the Grievance Commissioner shall: (ia) be consistent with the provisions of this Agreement; and (iib) be confined to the grievance referred to him/her/him. c) 80.7 The Union and the Employer Company shall each be responsible for one-half (½) of the expenses of the any fees payable to the Grievance Commissioner. d) 80.8 The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the a Grievance Commissioner, the parties Commissioner shall also provide her/him with the Step 3 Summary summary (or as amended by agreement of the parties) and the decision decisions of the Employer Management Representative at Step 3;2, Step 3 and Step 4. (ii) 80.9 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;. 80.10 The parties shall meet at least ten (iii10) days prior to the hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing. 80.11 The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing the parties may make such further presentations representations 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) 80.12 The Grievance Commissioner must render her/his a 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 the decision has been rendered, the Grievance Commissioner shall deliver brief reasons, reasons but such reasons shall not form part of her/his the decision.

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 an arbitrator appointed to the regular arbitration procedures provided for herein. Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances which the parties have agreed may be handled in a Board summary manner. The rules governing the summary proceedings of Arbitration the Grievance Commissioner are set out as stipulated in this follows: The decision of the Grievance Commissioner shall be confined to the grievance referred to him or her. Such decision must be consistent with the provisions of the Collective Agreement save Agreement, and except as expressly provided herein; b) the Grievance Commissioner shall have no power to alter, modify or amend any part of the Collective Agreement. The decision of the Grievance Commissioner shall only be applicable apply to the case in question before him or her and shall not constitute a precedent nor or be used by either party as a precedent in any future cases. Notwithstanding anything contained However, with respect to the case in this Agreementquestion, the Grievance Commissioner’s decision shall be final and binding upon the Company, the Union and the employees represented by the Union, and shall represent full and final settlement of the Grievance Commissioner shall: (i) be consistent with the provisions of this Agreement; and (ii) be confined all matters relating to the grievance referred to her/him. c) in question. The Union and the Employer Company shall each be responsible for one-one half of any fees or expenses charged by the Grievance Commissioner. The parties shall meet at least thirty (½30) calendar days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine which facts can be agreed upon. All such facts will be put together in a joint Agreed Statement of Fact by the parties. In addition, a Joint Statement of Evidence will be prepared by the Parties which will outline all facts and assertions that cannot be agreed upon and that each party considers relevant and intends to call into evidence in respect of at the hearing of the expenses Case. Both the Statement of Fact and the fees payable statement of Evidence will be signed by both the Company and the Union and will be provided 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 Commissioner 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 least ten (10) calendar days before the commencement of the hearings grievance hearing. If either party fails to meet the requirement of Section (iv), the matter shall be referred to the regular arbitration procedure. The purpose of the Grievance Commissioner; (iii) hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations representations or adduce such evidence as the Grievance Commissioner may permit or requirebring forward evidence, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence; (iv) . The Grievance Commissioner must shall be required to render herhis/his decision her decision, in writing without reasons to both parties writing, together with brief written reasons, within seven (7) days of the conclusion of the hearingshearing. Upon request It is understood and agreed that grievances may not be referred to a Grievance Commissioner without the mutual agreement, in writing, of the Company and the Union. In the absence of such mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in the Collective Agreement. It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained in the Collective Agreement, either party after her/his before a decision has been rendered, rendered by the Grievance Commissioner shall deliver brief reasonscommissioner or at any time thereafter. April 9, but such reasons shall not form part of her/his decision.2004

Grievance Commissioner. In place of As an alternative to the Arbitration Procedure outlined above, regular arbitration procedure the parties agree shall have the option of mutually agreeing to attempt refer a post third step grievance to use a Grievance Commissioner as followsgrievance commissioner in the following procedure: (a) The Employer employer and the Union may agree in writing to the appointment of a person or persons as a single arbitrator to be known as a Grievance Commissioner. The Grievance Commissioner shall 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 make a judgment on grievances determine grievance referred to her/him. The decision shall be to (b) him hereunder for final and binding on both partiesarbitration. The Grievance Commissioner grievance commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 18 - Grievance Procedure. Through the grievance commissioner, the parties desire the expeditious means for the effective disposition of grievance which the parties have agreed may be handled in a Board summary manner. The rules governing the summary proceeding of Arbitration as stipulated the grievance commissioner are set out in this Collective Agreement save and except as expressly provided herein;the schedule hereto. b(c) The decision of the Grievance Commissioner grievance commissioner shall only be applicable to 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 this Agreementthe agreement, the decision of the Grievance Commissioner grievance commissioner shall: (i) be Be consistent with the provisions provision of this Agreement; andthe agreement. (ii) be Be confined to the grievance referred to her/him. c(d) The Union and the Employer shall each be responsible for one-half (½) of the expenses of the any fees payable to the Grievance Commissionergrievance commissioner. d(e) The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the Grievance Commissioner, the parties a grievance commissioner shall also provide her/him with the Step 3 Summary II summary (or as amended by agreement of the parties) and the decision decisions of the Employer Representative management representative at Step 3;II and Step III. (iif) The parties shall supply the Grievance Commissioner grievance commissioner and each other with additional concise and brief written representations representation on which they intend to reply provided that such are mailed not less than that ten (10) days before the commencement of the hearings of the Grievance Commissioner;grievance commissioner. (iiii) The parties shall meet at least ten (10) days prior to the hearing day in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of facts can be written and provided to each party and the grievance commissioner before the commencement of the hearing. The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing the parties may make such further presentations representations or adduce such evidence as the Grievance Commissioner grievance commissioner may permit or require, but the Grievance Commissioner grievance commissioner shall not be obligated to conform to the rules of evidence; (iv) . The Grievance Commissioner 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 grievance commissioner shall deliver brief reasons, reasons but such reasons shall not form part of her/his decision.

Grievance Commissioner. In place of the Arbitration Procedure arbitration procedure outlined above, the parties agree to attempt to may by agreement use a Grievance Commissioner 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 judgement 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 board of Arbitration as stipulated in this Collective Agreement arbitration here under 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 further cases. Notwithstanding anything contained in this the Agreement, the decision decisions of the Grievance Commissioner shall: (i) be consistent with the provisions of this Agreement; andagreement; (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 expensed and fees payable to the Grievance Commissioner. d) . The following rules shall govern the proceedings of the Grievance Commissioner: (ia) When referring a grievance to the Grievance Commissioner, Commissioner the parties shall provide her/him her with the Step 3 Summary Three summary (or as amended by agreement of the parties) and the decision of the Employer Representative representative at Step 3Three; (iib) 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 no less than that ten (10) days before the commencement of the hearings hearing of the Grievance Commissioner; (iiic) At the hearing the parties may make such further presentations representations 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; (ivd) The Grievance Commissioner must shall render her/his her decision in writing without reasons writing, with reasons, to both parties within seven (7) days of as soon as possible following 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 decisionhearing(s).

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 meet at least ten (10) days prior to the hearing date in order to what information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearings of hearing. the Grievance Commissioner; (iii) hearing is to clarify the or facts At the hearing hearing, the parties may make such further presentations representations or adduce such evidence as the Grievance Commissioner may permit GrievanceCommissionermay 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 suchreasonsshall not form part of her/his decision. Any matter so to arbitration shall be held by an arbitrator tobe selected from a panel of three (3)to be proposed by the party the grievance. all members of this be rejected, the other party shall submit a of 3) from which one shall be selected. such an arbitrator a cannot be agreed upon, the matter shall be referred to the Minister of Labour of the province of Ontario, and he shall be requested in writing by both the Union and the n to select an arbitrator. The findingsof the arbitrator as to and as to the violation of the provisions of this Agreement, an question as to whether a is arbitrable, shall be con and binding upon the Company,the _- and the employees, but in no event, shall the arbitrator be authorized to alter, or amend any part of this Agreement. The Union the Company shall each be res one- half of the expensesand feespayable to arbitrator which shall be such as he may reasonably Should any seniority employee be suspended or from his employment after the date hereof that such suspension or is not for just cause, such ion or discharge s a matter to be dealt under the provisions of this Agreement respecting. adjustment of Any such mattersmust be at Step of the grievance procedure within (3)regular days after the date of such suspension or discharge and not Any matter not to the grievance within (3) day time limit not be under this Agreement between the In the event it be decided that the suspension or dischargeof any employee is without just cause, the Company employee and pay full compensation (less b the employee during the time lost) at the employee's hour y rate for the time lost limited, however, to a of forty per Upon there shall be deemed to have been no break in such employee's continuous service with the Company.

Grievance Commissioner. In place of (a) As an alternative to the Arbitration Procedure outlined above, procedure in (ii) or (iii) the parties agree may agree, in writing, to attempt refer a grievance(s) for final and binding arbitration 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 partiesselected by mutual agreement. The Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board an arbitrator appointed under (ii) or (iii) above. (b) The expeditious disposition of Arbitration as stipulated such grievance(s) shall be accomplished in this Collective Agreement save and except as expressly provided herein;the following summary manner: b(i) The decision of the Grievance Commissioner shall only be applicable confined to the case in question and grievance referred to him/her, considering one grievance at a time. Such decision 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 shall not alter, modify or amend 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 decision of the Grievance Commissioner shall apply only to the grievance so presented, considering one grievance at a time, and shall not constitute a precedent to be referred to by either party or used in any future arbitration. However, with respect to the individual grievance so presented, the decision shall be final and binding upon the Company, the Union, and the grievor. In view of this, a Policy grievance shall not be arbitrated under this 6.04 (iv). (iii) The fees and charges of the Commissioner shall be born equally by the two (2) parties hereto. (iv) The parties shall meet at least thirty days prior to the hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a joint Agreed Statement of Facts by the parties. In addition, a Joint Statement of Evidence will be prepared by both parties which will outline all facts and assertions that cannot be agreed upon that each other with additional concise party considers relevant and brief written representations on which they intend intends to reply call evidence in respect at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and will be provided that such are mailed not less than to the Grievance Commissioner at least ten (10) days before the commencement of the hearings grievance hearing. (v) The purpose of the Grievance Commissioner; (iii) hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations representations 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;. (ivvi) The Grievance Commissioner must shall be required to render her/his decision decision, in writing without reasons to both parties writing, together with brief written reasons, within seven (7) days of the conclusion of the hearings. Upon request hearing. (c) It is understood and agreed that grievance related to discipline (excluding suspension and termination) may be referred by either party after her/his but other cases may not be referred to a Grievance Commissioner without the mutual agreement, all grievances will be referred for final and binding determination pursuant to the regular arbitration procedure set out in this Agreement. (d) It is understood and agreed that any grievance that is mutually agreed to be referred to a Grievance Commissioner cannot be unilaterally withdrawn by the Company or the Union from that process and referred to arbitration pursuant to the regular arbitration procedure contained n this Agreement, either before a decision has been rendered, rendered by the Grievance Commissioner or at any time thereafter. (e) This system shall deliver brief reasonsbe on a trial basis which may be discontinued by either party by giving written notice to the other. (f) In the event that an arbitrator has not been agreed upon in either 6.04(ii), but such reasons (iii) or (iv) above within 30 calendar days of the notice to arbitrate the party seeking arbitration shall, within a further 10 calendar days, apply to the Minister of Labour for the appointment of an arbitrator. Failure to apply for an appointment by the Minister within that time shall not form part be deemed to be abandonment of her/his decisionthe grievance.

Grievance Commissioner. In place of (1) As an alternative to the Arbitration Procedure outlined aboveregular arbitration procedure, the parties agree will have the option of mutually referring a post fourth step grievance to attempt to use a Grievance Commissioner as followsin the following procedure: a) a. The Employer and the Union may hereby agree in writing to the appointment of a person as a single arbitrator to be known as a Grievance Commissioner, who will set aside such time as may be requested by the Employer and the Union to consider and determine grievances referred to him/her hereunder for final and binding arbitration. 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 will have the same powers and be subject to the same limitations as an arbitrator under this Article. b. Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances to be handled in a Board summary manner. The rules governing the summary proceedings of Arbitration as stipulated the Grievance Commissioner are set out in this Collective Agreement save and except as expressly provided herein;the schedule hereto. b) c. The decision of the Grievance Commissioner shall will only be applicable to in the case in question and shall will not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this the Agreement, the decision of the Grievance Commissioner shall: (i) will: i. be consistent with the provisions of this Agreement; and (the Agreement ii) . be confined to the grievance referred to him/her/him. c(2) The Union and the Employer shall will each be responsible for one-one half (½1/2) of the expenses of the any fees payable to the Grievance Commissioner. d(3) The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the Grievance Commissioner, the parties shall will also provide herhim/him her with the Step 3 Summary 4 summary (or as amended by agreement of the parties) and the decision decisions of the Employer Management Representative at the Step 3;3 and Step 4. (ii4) The parties shall will 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;. (iii5) The parties will meet at least ten (10) days prior to the hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing. (6) The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations representations or adduce such evidence as the Grievance Commissioner may permit or require, but the Grievance Commissioner shall will not be obligated to conform to the rules of evidence;. (iv7) The Grievance Commissioner must render herhis/his her decision in writing without reasons to both parties within seven (7) days of the conclusion of the hearings. Upon request by either party party, after herhis/his her decision has been rendered, the Grievance Commissioner shall will deliver brief reasons, reason but such reasons shall reason will not form part of herhis/his her decision.

Grievance Commissioner. In place of As an alternative to the Arbitration Procedure outlined above, procedure in or the parties agree may agree, in writing, to attempt refer a for final and binding arbitration 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 partiesselected by mutual agreement. The Grievance Commissioner shall have the same powers and be subject to the same limitations as a Board an arbitrator appointed under or above. The expeditious disposition of Arbitration as stipulated such shall be accomplished in this Collective Agreement save and except as expressly provided herein; b) the following summary manner: The decision of the Grievance Commissioner shall only be applicable confined to the case in question and grievance referred to considering one grievance at a time. Such decision 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 shall not alter, modify or amend this Agreement; and (ii) be confined . The decision of the Grievance Commissioner shall apply only to the grievance so presented, considering one grievance at a time, and shall not constitute a precedent to be referred to her/him. cby either party or used in any future arbitration. However, with respect to the individual grievance so presented, the decision shall be final and binding upon the Company, the Union, and the In view of this, a Policy grievance shall not be arbitrated under this The fees and charges of the Commissioner shall be born equally by the two (2) parties hereto. The parties shall meet at least thirty days prior to the hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts will be put together in a joint Agreed Statement of Facts by the parties. In addition, a Joint Statement of Evidence will be prepared by both parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect at the hearing of the case. Both the Agreed Statement of Fact and the Statement of Evidence will be signed by both the Company and the Union and the Employer shall each will be responsible for one-half (½) of the expenses of the fees payable provided 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 Commissioner 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 least ten (10) days before the commencement of the hearings grievance hearing. Thepurpose of the Grievance Commissioner; (iii) hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations representations 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. In place of As an alternative to the Arbitration Procedure outlined aboveregular arbitration procedure provided for herein, 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 jointly refer 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 grievance for final and binding on both 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. Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances, which the parties have agreed, may be handled in a Board summary manner. The rules governing the summary proceedings of Arbitration the Grievance Commissioner are set out as stipulated in this follows: The decision of the Grievance Commissioner shall be confined solely to the at hand. Such decision must be consistent with the provisions of the Collective Agreement save and except as expressly provided herein; b) the Grievance Commissioner shall have no power to alter, modify or amend any part of this agreement. The decision of the Grievance Commissioner shall only be applicable apply to the case in question at hand and shall not constitute a precedent nor or be used by either party as a precedent in any future cases. Notwithstanding anything contained in this AgreementHowever, with respect to the at hand, the Grievance Commissioner's decision of shall be final and binding upon by the Grievance Commissioner shall: (i) be consistent with Company, the provisions of this Agreement; and (ii) be confined to the grievance referred to her/him. c) The Union and the Employer employees represented by the Union. The Company and the Union shall each be responsible for one-half of any fees or expenses charged by the Grievance Commissioner. The parties shall meet at least thirty (½30) days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts shall be put together in a Joint Agreed Statement of Fact by the parties. In addition, a Joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each party considers relevant and intends to call evidence in respect of at the hearing of the expenses grievance. Both the Agreed Statement of Fact and the fees payable Statement of Evidence will be signed by both the Company and the Union and will be provided 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 Commissioner 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 least ten (10) days before the commencement of the hearings grievance hearing. The purpose of the Grievance Commissioner; (iii) hearing is to clarify the issues or facts in dispute. At the hearing hearing, the parties may make such further presentations or adduce representationsor advance 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. In place of 9:01 As an alternative to the regular Arbitration Procedure outlined aboveprocedure, the parties agree shall have the option of to attempt refer a post third step grievance to use a Grievance Commissioner as followsin the following procedure: (a) The Employer 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 , who will set aside such time as may be requested by the employer and the Union to consider and make a judgment on determine grievances referred to her/him. The decision shall be him hereunder for final and binding on both partiesarbitration. The Grievance Commissioner shall have the same powers and be subject to the same limitations as an arbitrator under Article 8. (b) Through the Grievance Commissioner, the Parties desire the expeditious means for the effective disposition of grievances which the Parties have agreed may be handled in a Board of Arbitration as stipulated in this Collective Agreement save and except as expressly provided herein;summary manner. b(c) The decision of the Grievance Commissioner shall only be applicable to 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 this the Agreement, the decision of the Grievance Commissioner shall: (i) be consistent with the provisions of this the Agreement; and (ii) be confined to the grievance referred to him / her/him. c(d) The Union and the Employer employer shall each be responsible for one-half (½) of the expenses of the any fees payable to the Grievance Commissioner. d(e) The following rules shall govern the proceedings of the Grievance Commissioner: (i) When Parties, when referring to a grievance to the Grievance Commissioner, the parties shall also provide her/him with the Step 3 Summary II summary (or as amended by agreement of the parties) and the decision decisions of the Employer Management Representative at the Step 1 and Step 3;. (iif) The parties 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;. (iiig) The Parties shall meet at least ten (10) days prior to the hearing date in order to determine what information or facts can be agreed upon prior to the hearing in order that a statement of the facts can be written and provided to each party and the Grievance Commissioner before the commencement of the hearing. (h) The purpose of the hearings is to clarify the issues or facts in dispute. At the hearing hearing, the parties Parties may make such further presentations representations 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;. (ivi) The Grievance Commissioner must render her/his decision in writing without reasons to both parties Parties within seven (7) days of the conclusion of the hearings. Upon request by either party party, after her/his decision has been rendered, the Grievance Commissioner shall deliver brief reasons, reasons but such reasons shall not form part of her/his decision. (j) Time allowances throughout this grievance procedure may be extended by mutual agreement between the Parties.

Grievance Commissioner. In place of (a) As an alternative to the Arbitration Procedure outlined aboveregular arbitration procedure provided for herein, the parties agree may agree, in writing, to attempt jointly refer a grievance for final and binding arbitration to use a Grievance Commissioner as follows: a) The Employer and selected by mutual agreement of 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 an arbitrator appointed pursuant to the regular arbitration procedures provided for herein. (b) Xx. Xxxxxxx Xxxxxxx shall be designated by the Company and the Union as the Commissioner to hear and determine these cases. Should, for any reason, Xx. Xxxxxxx Xxxxxxx become unavailable, a Board new Grievance Commissioner shall be selected by written mutual agreement of Arbitration the Company and the Union to hear and determine these cases. (c) Through the Grievance Commissioner, the parties desire an expeditious means for the effective disposition of grievances, 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 as stipulated in this follows: (i) The decision of the Grievance Commissioner shall be confined solely to the grievance(s) at hand. Such decision must be consistent with the provisions of the Collective Agreement save and except as expressly provided herein;the Grievance Commissioner shall have no power to alter, modify or amend any part of this Agreement. b(ii) The decision of the Grievance Commissioner shall only be applicable apply to the case in question grievance(s) at hand and shall not constitute a precedent nor or be used by either party as a precedent in any future casesgrievance(s). Notwithstanding anything contained in this AgreementHowever, with respect to the grievance(s) at hand, the Grievance Commissioner's decision of shall be final and binding upon the Grievance Commissioner shall: (i) be consistent with Company, the provisions of this Agreement; and (ii) be confined to the grievance referred to her/him. c) The Union and the Employer employees represented by the Union. (iii) The Company and the Union shall each be responsible for one-one half (½1/2) of the any fees or expenses of the fees payable to charged by 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; (iiiv) The parties shall supply meet at least thirty (30) days prior to the scheduled hearing date set by the Grievance Commissioner in order to determine what facts can be agreed upon. All such facts shall be put together in a Joint Agreed Statement of Facts by the parties. (v) In addition, a Joint Statement of Evidence will be prepared by the parties which will outline all facts and assertions that cannot be agreed upon that each other with additional concise party considers relevant and brief written representations on which they intend intends to reply provided that such are mailed not less than ten (10) days before call evidence in respect of at the commencement hearing 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 decisiongrievance.

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. (Cont’d.) (c) The Union and the Employer shall each be responsible for one-half (½1/2) 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. In place of (1) As an alternative to the Arbitration Procedure outlined aboveregular arbitration procedure, the parties agree will have the option of mutually referring a post fourth step grievance to attempt to use a Grievance Commissioner as followsin the following procedure: a) a. The Employer and the Union may hereby agree in writing to the appointment of a person as a single arbitrator to be known as a Grievance Commissioner, who will set aside such time as may be requested by the Employer and the Union to consider and determine grievances referred to him/her hereunder for final and binding arbitration. 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 will have the same powers and be subject to the same limitations as an arbitrator under this Article. b. Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances to be handled in a Board summary manner. The rules governing the summary proceedings of Arbitration as stipulated the Grievance Commissioner are set out in this Collective Agreement save and except as expressly provided herein;the schedule hereto b) c. The decision of the Grievance Commissioner shall will only be applicable to in the case in question and shall will not constitute a precedent nor be used by either party as a precedent in future cases. Notwithstanding anything contained in this the Agreement, the decision of the Grievance Commissioner shall: (i) will: i. be consistent with the provisions of this Agreement; and (the Agreement ii) . be confined to the grievance referred to him/her/him. c(2) The Union and the Employer shall will each be responsible for one-one half (½1/2) of the expenses of the any fees payable to the Grievance Commissioner. d(3) The following rules shall govern the proceedings of the Grievance Commissioner: (i) When parties, when referring a grievance to the Grievance Commissioner, the parties shall will also provide herhim/him her with the Step 3 Summary 4 summary (or as amended by agreement of the parties) and the decision decisions of the Employer Management Representative at the Step 3; (ii) The parties shall supply the Grievance Commissioner 3 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 decisionStep 4.