Common use of Interest Arbitration Clause in Contracts

Interest Arbitration. (a) The parties agree that any unresolved matter resulting from collective bargaining under clause 36.03 will be referred to an arbitrator for final and binding determination in accordance with section 79 of the Canada Labour Code. (b) The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (15) calendar days and by written notification add other unresolved issues to be submitted to arbitration. (c) The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. (d) The arbitrator shall start hearing the parties as soon as possible after his or her appointment. (e) The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. (f) In making his or her decision, the arbitrator shall be bound by Article 35 including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause 36.02 and paragraph 36.03 (b) in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs 35.01 (f) and (g). The arbitrator will also consider the following: (i) the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; (ii) the labour market conditions; (iii) the cost of living; (iv) the economy in general. (g) The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles 1, 3, 35 and 36.

Appears in 1 contract

Samples: Collective Agreement

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Interest Arbitration. (a) The parties agree that any unresolved matter resulting from collective bargaining under clause 36.03 will be referred to an arbitrator for final and binding determination in accordance with section 79 of the Canada Labour Code. (b) . The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (15) calendar days and by written notification add other unresolved issues to be submitted to arbitration. (c) . The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. (d) . The arbitrator shall start hearing the parties as soon as possible after his or her appointment. (e) . The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. (f) . In making his or her decision, the arbitrator shall be bound by Article 35 including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause 36.02 and paragraph 36.03 (b) in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs 35.01 (f) and (g). The arbitrator will also consider the following: (i) : the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; (ii) ; the labour market conditions; (iii) ; the cost of living; (iv) ; the economy in general. (g) . The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles 1and Extension of Collective Agreement After its expiration, 3, 35 this collective agreement as amended by the parties or by decisions of arbitrators shall remain in full force and 36.effect until the signing of a new collective agreement or until the requirements of section of the Canada Labour Code have been met. APPENDIX “A” CHANGES TO A ROUTE

Appears in 1 contract

Samples: Collective Agreement

Interest Arbitration. (a) The parties agree that any unresolved matter resulting from collective bargaining under clause 36.03 will be referred to an arbitrator for final and binding determination in accordance with section 79 of the Canada Labour Code. (b) The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (15) calendar days and by written notification add other unresolved issues to be submitted to arbitration. (c) The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. (d) The arbitrator shall start hearing the parties as soon as possible after his or her appointment. (e) The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. (f) In making his or her decision, the arbitrator shall be bound by Article 35 including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause 36.02 and paragraph 36.03 (b) in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs 35.01 (f) and (g). The arbitrator will also consider the following:paragraph (i) the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; (ii) the labour market conditions; (iii) the cost of living; (iv) the economy in general. (g) The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles 1, 3, 35 and 36.

Appears in 1 contract

Samples: Collective Agreement

Interest Arbitration. (a) The parties agree that any unresolved matter resulting from collective bargaining under clause 36.03 will be referred to an arbitrator for final and binding determination in accordance with section 79 of the Canada Labour Code. (b) . The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (155) calendar days and by written notification add other unresolved issues to be submitted to arbitration. (c) . The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. (d) . The arbitrator shall start hearing the parties as soon as possible after his or her appointment. (e) . The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. (f) . In making his or her decision, the arbitrator shall be bound by Article 35 including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause 36.02 and paragraph 36.03 (b) in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs 35.01 (f) and (g). The arbitrator will also consider the following: (i) : the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; (ii) ; the labour market conditions; (iii) ; the cost of living; (iv) ; the economy in general. (g) . The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles 1, 3, 35 and 36.and

Appears in 1 contract

Samples: Collective Agreement

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Interest Arbitration. (a) The parties agree that any unresolved matter resulting from collective bargaining under clause 36.03 will be referred to an arbitrator for final and binding determination in accordance with section 79 of the Canada Labour Code. (b) The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (15) calendar days and by written notification add other unresolved issues to be submitted to arbitration. (c) The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. (d) The arbitrator shall start hearing the parties as soon as possible after his or her appointment. (e) The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. (f) In making his or her decision, the arbitrator shall be bound by Article 35 including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause 36.02 and paragraph 36.03 (b) in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs 35.01 (f) and (g). The arbitrator will also consider the following:paragraphs (i) the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; (ii) the labour market conditions; (iii) the cost of living; (iv) the economy in general. (g) The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles 1, 3, 35 and 36.

Appears in 1 contract

Samples: Collective Agreement

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