Common use of Health & Welfare Benefit Dispute Resolution Process Clause in Contracts

Health & Welfare Benefit Dispute Resolution Process. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: (a) The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. (b) Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. (c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. (d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. (e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. (f) The arbitrators for this process shall be: Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx If additional arbitrators are necessary, I shall remain seized to appoint these, if the parties are unable to agree. (g) The arbitrator shall render a decision within ten (10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. (h) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. (i) This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. (j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights of rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. (k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case. (l) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx Xxxxxxxxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.

Health & Welfare Benefit Dispute Resolution Process. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: (a) The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. (b) Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. (c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of or arbitrators hereinafter provided. (d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. (e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. (f) The arbitrators for this process shall be: Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx If additional arbitrators are necessary, I shall remain seized to appoint these, if the parties are unable to agree. (g) The arbitrator shall render a decision within ten (10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. (h) The fees and expenses of or the arbitrator shall be shared equally by the Employer employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. (i) This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer employer to obtain insurance insurance, which includes an agreement by the insurer to be bound by the process. If the Employer employer fails to obtain the agreement of an insurer, the grievance shall proceed as a though it is a self-insured benefit. (j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights of rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. (k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case. (l) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx Xxxxxxxxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.

Health & Welfare Benefit Dispute Resolution Process. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: (a) The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. (b) Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. (c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list lis1 of arbitrators hereinafter provided. (d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. (e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. (f) The arbitrators for this process shall be: Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx If additional arbitrators are necessary, I shall remain seized to appoint these, if the parties are unable to agree. (g) The arbitrator shall render a decision within ten (10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. (hg) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. (ih) This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. (ji) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights of rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. (kj) The decision of the arbitrator shall not have any value as a precedent in a subsequent case. (lk) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement Agreement, such. grievances shall be referred to the grievance procedure in the collective agreement. (I) Any such dispute already under way, in respect of which an arbitrator has not been appointed, shall proceed under this process. This process shall commence immediately for all other grievancesself-insured benefits. Upon the expiry of any contracts of insurance for benefits, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx Xxxxxxxxx, such approval this process shall also apply to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.insured benefits. Collective Agreement Carllngview Manor Page 35

Health & Welfare Benefit Dispute Resolution Process. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows: (a) The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers. (b) Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance. (c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided. (d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate. (e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute. (f) The arbitrators parties shall appoint a Sole Arbitrator for this process shall be: Xxxxx Xxxxxxxxx Xxxxx Xxxxxxx process. If additional arbitrators are necessary, I shall remain seized to appoint these, if the parties are unable fail to agreeagree on an arbitrator, either one of them may request the Office of Administration, Ministry of Labour of the Province of Ontario to select an arbitrator. (g) The arbitrator shall render a decision within ten (10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given. (h) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured. (i) This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then also apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit. (j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights of rights of judicial review is to avoid the cost and expense associated with the exercise of these rights. (k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case. (l) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxxxx Xxxxxxxxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.