Common use of Interest Arbitration Clause in Contracts

Interest Arbitration. 27.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters could lawfully engage in a strike, the City shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 If the City and the 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 be settled by a sole arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 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. 27.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitrator. 27.05 Within ten (10) calendar days of receipt of the other parties’ recommendations, the parties shall meet to jointly choose an arbitrator. 27.06 If the parties are unable to agree to an arbitrator, a request for the appointment of a sole arbitrator shall be submitted to the Minister of Labour. 27.07 The arbitrator shall determine their own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 In making its decision, the arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The City’s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City is located, and; e. The City’s ability to attract and retain qualified volunteer firefighters. 27.10 The arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 The arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator as provided above. 27.12 The decision of the arbitrator, and all matters previously agreed to by the parties, shall constitute the Agreement between the City and the Association. 27.13 The arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures.

Interest Arbitration. 27.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City Employer could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters could lawfully engage in a strike, the City Employer shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 If the City Employer and the 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 be settled by a sole arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 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. 27.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitrator. 27.05 Within ten (10) calendar days of receipt of the other parties’ parties‟ recommendations, the parties shall meet to jointly choose an arbitrator. 27.06 If the parties are unable to agree to an arbitrator, a request for the appointment of a sole arbitrator shall be submitted to the Minister of Labour. 27.07 The arbitrator shall determine their his own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 In making its decision, the arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters volunteers in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The City’s Employer‟s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s arbitrator‟s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City Employer is located, and; e. The City’s Employer‟s ability to attract and retain qualified volunteer firefighters. 27.10 The arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 The arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator as provided above. 27.12 The decision of the arbitrator, and all matters previously agreed to by the parties, shall constitute the Agreement between the City Employer and the Association. 27.13 The arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures.

Interest Arbitration. 27.01 26.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City Employer could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters volunteers could lawfully engage in a strike, the City Employer shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 26.02 If the City Employer and the Association are unable to conclude a renewal Agreement in their negotiations, and after such time as a conciliation Officer officer has been appointed and met with the parties and was unable to assist the parties to reach an agreement, the renewal Agreement shall be settled by a sole arbitrator Arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 26.03 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. 27.04 26.04 Within twenty-twenty one (21) calendar days after the last meeting with the conciliation Conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitratorArbitrator. 27.05 26.05 Within ten (10) calendar days of receipt of the other parties’ party’s recommendations, the parties shall meet to jointly choose an arbitrator. 27.06 26.06 If the parties are unable to agree to an arbitratorArbitrator, a request for the appointment of a sole arbitrator Arbitrator shall be submitted to the Minister Ministry of Labour. 27.07 26.07 The arbitrator Arbitrator shall determine their his own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 26.08 In making its decision, the arbitrator Arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The City’s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City is located, and; e. The City’s ability to attract and retain qualified volunteer firefighters. 27.10 26.09 The arbitrator Arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 26.10 The arbitrator Arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator Arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator Arbitrator as provided above. 27.12 26.11 The decision of the arbitratorArbitrator, and all matters previously agreed to by the parties, shall constitute the Agreement between the City Employer and the Association. 27.13 26.12 The arbitrator Arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures. 26.13 The parties will jointly share the cost of the Arbitrator.

Interest Arbitration. 27.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City Employer could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters volunteers could lawfully engage in a strike, the City Employer shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 If the City Employer and the Association are unable to conclude a renewal Agreement in their negotiations, and after such time as a conciliation Officer officer has been appointed and met with the parties and was unable to assist the parties to reach an agreement, the renewal Agreement shall be settled by a sole arbitrator Arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 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. 27.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitratorArbitrator. 27.05 Within ten twenty-one (1021) calendar days of receipt of the other parties’ party’s recommendations, the parties shall meet to jointly choose an arbitrator. 27.06 If the parties are unable to agree to an arbitratorArbitrator, a request for the appointment of a sole arbitrator Arbitrator shall be submitted to the Minister Ministry of Labour. 27.07 The arbitrator Arbitrator shall determine their own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 In making its decision, the arbitrator Arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The City’s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City is located, and; e. The City’s ability to attract and retain qualified volunteer firefighters. 27.10 27.09 The arbitrator Arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 27.10 The arbitrator Arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator Arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator Arbitrator as provided above. 27.12 27.11 The decision of the arbitratorArbitrator, and all matters previously agreed to by the parties, shall constitute the Agreement between the City Employer and the Association. 27.13 27.12 The arbitrator Arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures. 27.13 The parties will jointly share the cost of the Arbitrator.

Interest Arbitration. 27.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City Employer could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters Volunteer Firefighters could lawfully engage in a strike, the City Employer shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 If the City Employer and the 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 be settled by a sole arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 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. 27.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitrator. 27.05 Within ten (10) calendar days of receipt of the other parties’ recommendations, the parties shall meet to jointly choose an arbitrator. 27.06 If the parties are unable to agree to an arbitrator, a request for the appointment of a sole arbitrator shall be submitted to the Minister of Labour. 27.07 The arbitrator shall determine their own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 In making its decision, the arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters Volunteer Firefighters and other comparable volunteer firefighters Volunteer Firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The CityEmployer’s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City Employer is located, and; e. The CityEmployer’s ability to attract and retain qualified volunteer firefightersVolunteer Firefighters. 27.10 The arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 The arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator as provided above. 27.12 The decision of the arbitrator, and all matters previously agreed to by the parties, shall constitute the Agreement between the City Employer and the Association. 27.13 The arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures.

Interest Arbitration. 27.01 29.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City Employer could lawfully lock out the members member of the bargaining unit or by which the volunteer firefighters volunteers could lawfully engage in a strike, the City Employer shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement. 27.02 29.02 If the City Employer and the Association are unable to conclude a renewal Agreement in their negotiations, and after such time as a conciliation Officer officer has been appointed and met with the parties and was unable to assist the parties to reach an agreement, the renewal Agreement shall be settled by a sole arbitrator Arbitrator jointly appointed by the parties, in a manner as described herein. 27.03 29.03 Upon the expiration of the Agreement 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 partiesparties or an award is issued by the Arbitrator. 27.04 29.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Officerofficer, the parties shall each submit, in writing, the names, addressesaddress, telephone and facsimile numbers of their recommendations for an arbitratorArbitrator. 27.05 29.05 Within ten (10) calendar days of receipt of the other parties’ party’s recommendations, the parties shall meet to jointly choose an arbitratorArbitrator. 27.06 29.06 If the parties are unable to agree to an arbitratorArbitrator, a request for the appointment of a sole arbitrator Arbitrator shall be submitted to the Minister Ministry of Labour. 27.07 29.07 The arbitrator Arbitrator shall determine their own procedure but shall give the parties full opportunity to present their evidence and make their submissions. 27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator. 27.09 29.08 In making its decision, the arbitrator Arbitrator shall take into consideration all factors it considers relevant, including the following: a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed; b. The City’s ability to pay in light of its fiscal situation; c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased; d. The economic situation in Ontario and in the part of Ontario where the City is located, and; e. The City’s ability to attract and retain qualified volunteer firefighters. 27.10 29.09 The arbitrator Arbitrator shall be advised, in writing, of all matters upon which the parties have agreed and of all matters in dispute. 27.11 29.10 The arbitrator Arbitrator shall determine all matters in dispute and shall issue a decision in writing with respect to all such matters. The arbitrator Arbitrator shall include, as part of its decision, the matters upon which the parties have agreed and have so advised the arbitrator Arbitrator as provided above. 27.12 29.11 The decision of the arbitratorArbitrator, and all matters matter previously agreed to by the parties, shall constitute the Agreement between the City Employer and the Association. 27.13 29.12 The arbitrator Arbitrator shall remain seized of all matters referenced in its decision and have jurisdiction over any disputes arising from the wording of the above noted Collective Agreement until such time as the parties have finalized the document with their respective signatures. 29.13 The parties will jointly share the cost of the Arbitrator.