Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, Xxxxx XxXxxxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxxx, or a substitute agreed to by the parties, shall at the request of either party:
Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, Xxxx Xxxxxxxxxx, Xxxxx Xxxxxx, Xxxxx Ready, Xxxxx Xxxxxxxxx or a substitute agreed to by the parties, shall by the mutual agreement of the parties:
(a) Investigate the difference
(b) Define the issue in the difference, and
(c) Make written recommendations to resolve the difference within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on an Industry Troubleshooter within a period of thirty (30) calendar days from the date this Collective Agreement is awarded, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person. The parties shall jointly bear the cost of the troubleshooter.
Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, Xxxxx XxXxxxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxxx, or a substitute agreed to by the parties, shall at the request of either party:
A) investigate the difference,
B) define the issue in the difference, and
C) make written recommendations to resolve the difference, within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on an Industry Troubleshooter within a period of thirty (30) days, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person. Failing settlement at this step, the grievance may be referred to arbitration.
Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, Xxxxxx Xxxxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxxxx Xxxx or a substitute agreed to by the parties, shall by the mutual agreement of the parties:
(a) Investigate the difference,
(b) Define the issue in the difference, and
(c) Make written recommendations to resolve the difference within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. The parties shall jointly bear the cost of the Troubleshooter.
Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, , or a substitute agreed to by the parties shall, at the request of either party:
(a) investigate the difference;
(b) define the issue in the difference; and
(c) make written recommendations to resolve the difference; within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. Unless mutually agreed otherwise, disputes may be referred to industry troubleshooter only after the completion of Step 4 of the grievance procedure.
Industry Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee or to the interpretation, application, or alleged violation of this agreement including any question as to whether a matter is arbitral, during the term of the collective agreement, such difference may be referred to an Industry Troubleshooter. In the event the parties are unable to agree on an Industry Troubleshooter within a period of 30 calendar days, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person. The parties will endeavour to reach an agreed to statement of facts prior to the hearing. The recommendation from a Troubleshooter shall not be binding without mutual agreement by the parties.
Industry Troubleshooter. Where the parties mutually agree and a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, an industry troubleshooter agreed to by the parties, shall:
a) investigate the difference,
b) define the issue in the difference,
c) attempt to mediate the difference with the parties to achieve a mutually agreeable binding resolution, and
d) if unsuccessful in reaching a resolution, make written recommendations to resolve the difference. within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on an individual to act as an Industry Troubleshooter, either party may refer the issue to arbitration consistent with Article 9 of this agreement.
Industry Troubleshooter. It is agreed that the Troubleshooter process is the final step to this Professional Responsibility Clause.
Industry Troubleshooter. Unless mutually agreed otherwise, disputes may be referred to the Industry Troubleshooter only after the completion of Step 2 of the grievance procedure. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleges violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of this Collective Agreement, Xxxxx Xxxxxxxx, Xxxx Xxxxxx, Xxxx Xxxxxx and Xxxx Xxxxxxxx or a substitute agreed to by the parties, shall at the request of either party:
A) investigate the difference,
B) define the issue in the difference, and C) make written recommendations to resolve the difference, within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on any Industry Troubleshooter within a period of thirty (30) days from the date of signing this Collective Agreement, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person. Failing settlement at this step, the grievance may be referred to Arbitration.
Industry Troubleshooter a) Where the parties agree to invoke the use of an Industry Troubleshooter the appropriate process will apply. This process will only apply when both parties agree to utilize the Industry Troubleshooter, should both parties not agree, then the Arbitration process will take place.
b) As the process is intended to be non-legal, legal counsel will not represent either party during this process. All presentations should be short and concise and are to include a comprehensive opening statement.
c) Prior to rendering a decision, the Industry Troubleshooter may assist the parties in mediating a resolution to the grievance(s). Where mediation fails or is not appropriate, a decision shall be rendered as contemplated within and may include an immediate verbal award if the parties so agree, with a formal written award to follow. The decision of the Industry Troubleshooter is to be completed and delivered in ten (10) working days of the hearing.
d) The Industry Troubleshooter shall have the power and authority to conclusively settle the dispute and their decision shall be binding on both parties. The Industry Troubleshooter shall not have the power to change the Collective Agreement or alter, modify or amend any of its provisions. The Industry Troubleshooter shall have the power to dispose of the grievance in any manner they deem just and equitable.
e) Any decision of an Industry Troubleshooter will be with prejudice. There will be no precedent set for future cases to be heard the same way.
f) If either party believes that the Industry Troubleshooter has erred in law or if either party feels that the Industry Troubleshooter’s decision has altered the Collective Agreement, either party will have the opportunity to proceed to Arbitration.
g) The parties will agree to a list of Industry Troubleshooters to hear cases and be jointly responsible for the expenses of the Industry Troubleshooter.
h) Industry Troubleshooters will be: Xxxx Xxxxxxxx Xxxxxx Sector
