Common use of Grievance Commissioner Clause in Contracts

Grievance Commissioner. The parties shall 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 hearing. of the hearing is to clarify the or facts At the hearing, the parties may make such further representations or adduce such evidence as the GrievanceCommissionermay or require, but the Grievance Commissioner be obligated to conform to the rules of evidence. The Grievance Commissioner must render his decision in writing without reasons to both parties within seven days of the conclusion of the hearings. Upon request by either party after his decision has been the Grievance Commissioner shall deliver brief but xxxxxxxxxxxxxxxx not form part of 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 parties. In the event it be decided that the suspension or shall of money 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. The parties shall 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 hearing. of the hearing is to clarify the or facts At the hearing, the parties may make such further representations or adduce such evidence as the GrievanceCommissionermay or require, but the Grievance Commissioner be obligated to conform to the rules of evidence. The Grievance Commissioner must render his decision in writing without reasons to both parties within seven days of the conclusion of the hearings. Upon request by either party after his decision has been the Grievance Commissioner shall deliver brief but xxxxxxxxxxxxxxxx suchreasonsshall not form part of 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 parties. In the event it be decided that the suspension or shall of money 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. As an alternative the regular Arbitration the parties shall have the option to a grievance to a Grievance following the of Grievance Procedure in the The Employer and the Union may in writing to the appointment of a person a single arbitrator to be known as a 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 shall have the powers and be subject to die same limitations 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 manner. The the summary of the Grievance Commissioner are set out in the following paragraphs. The decision of the Grievance Commissioner shall only be applicable in the case in and shall constitute a precedent nor by a precedent in future anything in the agreement, decision of the Grievance Commissioner shall: consistent with the provisions of Agreement. confined to the grievance referred to the Commissioner. Union and the shall each be for one- half the of the Grievance The parties shall meet at least provide Commissioner with the grievance. the replies and a on which they intend to rely. Such statements must be mailed not than ten (10) days prior before the of the hearing. can parties shall at (10) days 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. The purpose of the hearing is to clarify the or issues and facts in dispute. At the hearing, hearing the parties may make such further representations or adduce such evidence as the GrievanceCommissionermay Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence. The Grievance Commissioner must render his decision a in writing without reasons to both parties within seven days of the conclusion of the hearings. Upon request by either party after his xxxxx, decision has been the rendered, Grievance Commissioner shall deliver brief but xxxxxxxxxxxxxxxx such reasons shall not form part of his the 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 Grievance Commissioner is required the Union and the n to select an arbitrator. The findingsof the arbitrator shall mutually who shall act 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 parties. In the event it be decided that the suspension or shall of money 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 CompanyGrievance Commissioner.

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. 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 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 and 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 apply to the at hand and shall not constitute precedent or be used by either as precedent in any future However, with respect to the at hand, the Grievance Commissioner's decision shall be final and binding upon by the Company, the Union and the 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 (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 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 grievance. 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 to the Grievance Commissioner 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 grievance hearing. The purpose of the hearing is to clarify the issues or facts in dispute. At the hearing, the parties may make such further representations or adduce representationsor advance such evidence as the GrievanceCommissionermay Grievance Commissioner may permit or require, but the Grievance Commissioner shall not be obligated to conform to the rules of evidence. The Grievance Commissioner must render his decision in writing without reasons to both parties within seven days of the conclusion of the hearings. Upon request by either party after his decision has been the Grievance Commissioner shall deliver brief but xxxxxxxxxxxxxxxx not form part of 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 parties. In the event it be decided that the suspension or shall of money 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.