Common use of Industry Troubleshooter Clause in Contracts

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

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-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 AnydecisionofanIndustryTroubleshooter 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 Korpesho Xxxxxx SectorXxxxxx