Interest Arbitration. 4:01 If, after notice is given according to 3:02, the parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name of the person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen (15) days of the appointment of the second of them, shall appoint a third member to the Board of Arbitration who shall be the Chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail to agree on the appointment of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third member, as the case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the Chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment; (b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment. 4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters. 4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Interest Arbitration. 4:01 If, after 17.01 In the event that either party elects to modify or amend this Agreement and gives notice is given according to 3:02bargain in accordance with the Agreement, the parties do not arrive agree that they may at any time after a revision thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name Section 40 of the person appointed to such arbitration board by the Labour Relations Act. Each party sending the notice.
4:02 The party receiving notice shall, within fifteen ten (1510) days of receiving the noticeafter such a mutual agreement is effected, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointeeappointee to the Arbitration Board. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between the parties to arbitration as contemplated by Section 40, notwithstanding the expiry of this Collective Agreement.
17.02 The two (2) appointees named by the parties, so selected shall appoint within fifteen five (155) days of the appointment of the second of them, shall appoint latter appointee a third member to the Board of Arbitration (3rd) who shall be the Chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the Chairperson. If either party receiving notice fails to appoint a member of such arbitration board an appointee or where if the two (2) appointees of the parties fail to agree on upon a Chairperson, the appointment shall be made in either event by the Minister of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the matter and shall issue a party to this decision setting forth the new Collective Agreement, Agreement and the decision shall appoint a member on behalf be final and binding upon the parties and any nurse affected by it. The decision of the party failing to make majority shall be the appointmentdecision of the Arbitration Board, or but if there is no majority the decision of the Chairperson shall appoint a third member, as the case may be, and where the case requires shall appoint bothgovern.
4:05 Where either member 17.03 Each of the parties shall bear the expenses of the appointee appointed to by or for it and the arbitration board or parties shall share equally the expense of the Chairperson of the arbitration board if any.
17.04 If a person ceases to be a member of the arbitration board Board of Arbitration by reason of his/her resignation, death or otherwise before it has completed its work work, the party whose point of view was represented by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, shall within five (5) days appoint a new member in his/her place provided that if the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the following manner:
provisions of this Article within five (a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (105) days of the occurrence his/her withdrawing.
17.05 The Board of the circumstances giving rise Arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the necessity of making a new appointment;
(b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases Board necessary to be decided in order to conclude a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally Agreement between the parties.
4:08 Such arbitration board shall, within thirty (30) days after . In the completion event that the provisions of hearings, or within such longer period as may be agreed upon this Article are invoked by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and then the parties, upon receipt provisions of the award, shall forthwith prepare a this Collective Agreement giving shall remain in full force and effect to beyond the award; and the parties shall execute the expiry date of this Collective Agreement and deliver, each to until the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the then current Collective previous Agreement.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Interest Arbitration. 4:01 If, after 17.01 In the event that either party elects to modify or amend this Agreement and gives notice is given according to 3:02bargain in accordance with the Agreement, the parties do not arrive agree that they may at any time after a revision thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name Section 34C of the person appointed to such arbitration board by the Labour Relations Act. Each party sending the notice.
4:02 The party receiving notice shall, within fifteen ten (1510) days of receiving the noticeafter such a mutual agreement is effected, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointeeappointee to the Arbitration Board. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between the parties to arbitration as contemplated by Section 34C, notwithstanding the expiry of this Collective Agreement.
17.02 The two (2) appointees named by the parties, so selected shall appoint within fifteen five (155) days of the appointment of the second of them, shall appoint latter appointee a third member to the Board of Arbitration (3rd) who shall be the Chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the Chairperson. If either party receiving notice fails to appoint a member of such arbitration board an appointee or where if the two (2) appointees of the parties fail to agree on upon a Chairperson, the appointment shall be made in either event by the Minister of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the matter and shall issue a party to this decision setting forth the new Collective Agreement, Agreement and the decision shall appoint a member on behalf be final and binding upon the parties and any nurse affected by it. The decision of the party failing to make majority shall be the appointmentdecision of the Arbitration Board, or but if there is no majority the decision of the Chairperson shall appoint a third member, as the case may be, and where the case requires shall appoint bothgovern.
4:05 Where either member 17.03 Each of the parties shall bear the expenses of the appointee appointed to by or for it and the arbitration board or parties shall share equally the expense of the Chairperson of the arbitration board if any.
17.04 If a person ceases to be a member of the arbitration board Board of Arbitration by reason of his/her resignation, death or otherwise before it has completed its work work, the party whose point of view was represented by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, shall within five (5) days appoint a new member in his/her place provided that if the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the following manner:
provisions of this Article within five (a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (105) days of the occurrence his/her withdrawing.
17.05 The Board of the circumstances giving rise Arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the necessity of making a new appointment;
(b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases Board necessary to be decided in order to conclude a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally Agreement between the parties.
4:08 Such arbitration board shall, within thirty (30) days after . In the completion event that the provisions of hearings, or within such longer period as may be agreed upon this Article are invoked by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and then the parties, upon receipt provisions of the award, shall forthwith prepare a this Collective Agreement giving shall remain in full force and effect to beyond the award; and the parties shall execute the expiry date of this Collective Agreement and deliver, each to until the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the then current Collective previous Agreement.
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If, after notice is given according to 3:02, If the parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May March 31, 20182011, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name of the person appointed to such arbitration board by the party sending the notice.
4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen (15) days of the appointment of the second of them, shall appoint a third member to the Board of Arbitration who shall be the Chairperson chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail to agree on the appointment of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third member, as the case may be, and where the case requires shall appoint both.
4:05 Where either member appointed to the arbitration board or the Chairperson chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment;
(b) With respect to the Chairpersonchairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If, after notice is given according to 3:02, the parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 20182021, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name of the person appointed to such arbitration board by the party sending the notice.
4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen (15) days of the appointment of the second of them, shall appoint a third member to the Board of Arbitration who shall be the Chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail to agree on the appointment of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his their absence the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third member, as the case may be, and where the case requires shall appoint both.
4:05 Where either member appointed to the arbitration board or the Chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment;
(b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his their absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If, after 17.01 In the event that either party elects to modify or amend this Agreement and gives notice is given according to 3:02bargain in accordance with the Agreement, the parties do not arrive agree that they may at any time after a revision thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name Section 40 of the person appointed to such arbitration board by the Labour Relations Act. Each party sending the notice.
4:02 The party receiving notice shall, within fifteen ten (1510) days of receiving the noticeafter such a mutual agreement is effected, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointeeappointee to the Arbitration Board. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between the parties to arbitration as contemplated by Section 40, notwithstanding the expiry of this Collective Agreement.
17.02 The two (2) appointees named by the parties, so selected shall appoint within fifteen five (155) days of the appointment of the second of them, shall appoint latter appointee a third member to the Board of Arbitration (3rd) who shall be the Chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the Chairperson. If either party receiving notice fails to appoint a member of such arbitration board an appointee or where if the two (2) appointees of the parties fail to agree on upon a Chairperson, the appointment shall be made in either event by the Minister of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the matter and shall issue a party to this decision setting forth the new Collective Agreement, Agreement and the decision shall appoint a member on behalf be final and binding upon the parties and any nurse affected by it. The decision of the party failing to make majority shall be the appointmentdecision of the Arbitration Board, or but if there is no majority the decision of the Chairperson shall appoint a third member, as the case may be, and where the case requires shall appoint bothgovern.
4:05 Where either member 17.03 Each of the parties shall bear the expenses of the appointee appointed to by or for it and the arbitration board or parties shall share equally the expense of the Chairperson of the arbitration board if any.
17.04 If a person ceases to be a member of the arbitration board Board of Arbitration by reason of their resignation, death or otherwise before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either partywork, the party shall appoint a new member whose point of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment;
(b) With respect to the Chairperson, the remaining members of view was represented by such arbitration board person shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.five
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If, after notice is given according to 3:02, the parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 20182024, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name of the person appointed to such arbitration board by the party sending the notice.
4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen (15) days of the appointment of the second of them, shall appoint a third member to the Board of Arbitration who shall be the Chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail to agree on the appointment of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his their absence the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third member, as the case may be, and where the case requires shall appoint both.
4:05 Where either member appointed to the arbitration board or the Chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointmentnewappointment;
(b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his their absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointmenthisappointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to eachto the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If, after notice is given according to 3:02, If the parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May March 31, 20182014, either party may notify the other party in writing of a desire to submit the specific issues in dispute to a Board of Arbitration and the notice shall contain the name of the person appointed to such arbitration board by the party sending the notice.
4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen (15) days of the appointment of the second of them, shall appoint a third member to the Board of Arbitration who shall be the Chairperson chairperson thereof.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail to agree on the appointment of a third member of such arbitration board within the time specified, the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third member, as the case may be, and where the case requires shall appoint both.
4:05 Where either member appointed to the arbitration board or the Chairperson chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment;
(b) With respect to the Chairpersonchairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; and if there is no majority decision, the decision of the Chairperson chairperson shall be the decision of such arbitration board.
4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement giving effect to the award; and the parties shall execute the Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement
Interest Arbitration. 4:01 If29.01 Notwithstanding any provision in the Labour Relations Act, after notice is given according to 3:021995 by which the Employer could lawfully lock out the member of the bargaining unit or by which the volunteers could lawfully engage in a strike, the parties do Employer shall not arrive lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may notify any time prior to the other party in writing settlement of a desire renewal Agreement to submit replace this Agreement.
29.02 If the specific issues in dispute to a Board of Arbitration Employer and the notice Association are unable to conclude a renewal Agreement in their negotiations, and after such time as a conciliation officer has been appointed and met with the parties and was unable to assist the parties to reach an agreement, the renewal Agreement shall contain the name of the person be settled by a sole Arbitrator jointly appointed to such arbitration board by the party sending the notice.
4:02 The party receiving notice shall, within fifteen (15) days of receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee. The two appointees named by the parties, within fifteen in a manner as described herein.
29.03 Upon the expiration of the Agreement, or upon the request of either party for a Ministry of Labour appointed conciliator, all terms and conditions of employment shall be frozen and shall remain frozen until such time as a renewal Agreement is ratified by the respective parties or an award is issued by the Arbitrator.
29.04 Within twenty-one (1521) calendar days after the last meeting with the conciliation officer, the parties shall each submit, in writing, the names, address, telephone and facsimile numbers of their recommendations for an Arbitrator.
29.05 Within ten (10) calendar days of the appointment receipt of the second of themother party’s recommendations, the parties shall appoint a third member meet to the Board of Arbitration who shall be the Chairperson thereofjointly choose an Arbitrator.
4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of 29.06 If the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board.
4:04 Where the party receiving notice fails to appoint a member of such arbitration board or where the two appointees of the parties fail are unable to agree on to an Arbitrator, a request for the appointment of a third member sole Arbitrator shall be submitted to the Ministry of such arbitration board within Labour.
29.07 The Arbitrator shall determine his own procedure but shall give the time specifiedparties full opportunity to present their evidence and make their submissions.
29.08 In making its decision, the Chief Justice Arbitrator shall take into consideration all factors it considers relevant.
29.09 The Arbitrator shall be advised, in writing, of all matters upon which the Province parties have agreed and of Manitoba, or all matters in his absence the Chief Justice of the Court of Queen’s Bench, upon the request of dispute.
29.10 The Arbitrator shall determine all matters in dispute and shall issue a party decision in writing with respect to this Collective Agreement, all such matters. The Arbitrator shall appoint a member on behalf of the party failing to make the appointment, or shall appoint a third memberinclude, as part of its decision, the case may be, matters upon which the parties have agreed and where have so advised the case requires shall appoint bothArbitrator as provided above.
4:05 Where either member appointed to the arbitration board or the Chairperson of the arbitration board ceases to be a member of the arbitration board before it has completed its work by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner:
(a) With respect to the nominee to the board of either party, the party shall appoint a new member of the arbitration board within ten (10) days of the occurrence of the circumstances giving rise to the necessity of making a new appointment;
(b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board;
(c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both;
(d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment.
4:06 29.11 The decision of the majority of the members of such arbitration board shall be the decision of such arbitration board; Arbitrator, and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board.
4:07 Each party all matter previously agreed to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties.
4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters.
4:09 The award or order of such arbitration board is binding on the parties, shall constitute the Agreement between the Employer and the parties, upon receipt Association.
29.12 The Arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the award, shall forthwith prepare a above noted Collective Agreement giving effect to the award; and until such time as the parties shall execute have finalized the Collective Agreement and deliver, each to document with their respective signatures.
29.13 The parties will jointly share the other, a copy cost of the executed Collective AgreementArbitrator.
4:10 Unless the arbitration board otherwise orders, the award shall become effective as and from the date of the expiry of the then current Collective Agreement.
Appears in 1 contract
Samples: Collective Agreement