Common use of Internal Arbitration Process Clause in Contracts

Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co- operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. 1. During the term of this Collective Agreement, the parties will undertake to utilize the Internal Arbitration Procedure for any grievance that remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. 2. The internal arbitration process will consist of a single arbitrator to be decided by mutual consent by the Company and Local Union so involved. 3. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of a sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by a sole arbitrator is final and binding. 4. Either party can request the Internal Arbitration Procedure within twenty-five (25) working days following the written response of the Company as referred to in Clause 8.03. The request must be in writing to the other party. 5. In order for a grievance to be heard via this procedure, both parties must provide their consent. Failing such agreement, the grievance will be processed through the normal arbitration process outlined in the Collective Agreement. 6. When a single arbitrator is to be used to hear the grievance, the Company and the Local Union so involved will mutually agree upon the selection of such arbitrator. 7. The rules which apply to a sole arbitrator are as follows: a) A sole arbitrator shall not decide a dispute without a hearing. b) The decision of a sole arbitrator shall be confined to the grievance referred to him and must be consistent with the provisions of the Collective Agreement, a sole arbitrator shall have no power to alter, modify or amend any part of the Collective Agreement. c) The decision of a sole arbitrator shall only apply to the case before him and shall not constitute a precedent or be used by either party as a precedent for any future cases. d) The sole arbitrator's decision shall be final and binding upon the Company, the Union and the grievor represented by the Union. 8. The arbitrator retains all powers vested by the Canada Labour Code. Without limiting the generality of the arbitrator's discretion he may become involved in seeking agreement between the parties with respect to the facts to whatever extent the arbitrator deems appropriate and may make whatever determinations are necessary in respect of such matters as time allocation, the need to hear witnesses and the accessibility of documenting evidence without the necessity of formal proof. 9. a) In all discharge and discipline cases, the initial onus of proof lies with the Company to substantiate the penalty.

Internal Arbitration Process. The Company and the Union agree to promote good relations and a climate of co-operation, and that such co- operation requires efficient and effective dispute resolution mechanisms. The parties hereby agree to an Internal Arbitration Procedure. 1. During the term of this Collective Agreement, the parties will undertake to utilize the Internal Arbitration Procedure for any grievance that remains unresolved after passing through all the steps of the formal grievance procedure with the exception of arbitration. 2. The internal arbitration process will consist of a single arbitrator to be decided by mutual consent by the Company and Local Union so involved. 3. The parties agree that the Internal Arbitration Procedure is an informal and accelerated dispute resolution mechanism to facilitate a speedy settlement of the grievance. The function of a sole arbitrator is to hear disputes and to render decisions in accordance with the provisions of the Collective Agreement. The arbitrator has the same judicial powers as an outside Board of Arbitration established under the Collective Agreement and a decision rendered by a sole arbitrator is final and binding. 4. Either party can request the Internal Arbitration Procedure within twenty-five (25) working days following the written response of the Company as referred to in Clause 8.03. The request must be in writing to the other party. 5. In order for a grievance to be heard via this procedure, both parties must provide their consent. Failing such agreement, the grievance gr ievance will be processed through the normal arbitration process outlined in the Collective Agreement. 6. When a single arbitrator is to be used to hear the grievance, the Company and the Local Union so involved will mutually agree upon the selection of such arbitrator. 7. The rules which apply to a sole arbitrator are as follows: a) A sole arbitrator shall not decide a dispute without a hearing. b) The decision of a sole arbitrator shall be confined to the grievance referred to him and must be consistent with the provisions of the Collective Agreement, a sole arbitrator shall have no power to alter, modify or amend any part of the Collective Agreement. c) The decision of a sole arbitrator shall only apply to the case before him and shall not constitute a precedent or be used by either party as a precedent for any future cases. d) The sole arbitrator's decision shall be final and binding upon the Company, the Union and the grievor represented by the Union. 8. The arbitrator retains all powers vested by the Canada Labour Code. Without limiting the generality of the arbitrator's discretion he may become involved in seeking agreement between the parties with respect to the facts to whatever extent the arbitrator deems appropriate and may make whatever determinations are necessary in respect of such matters as time allocation, the need to hear witnesses and the accessibility of documenting evidence without the necessity of formal proof. 9. a) In all discharge and discipline cases, the initial onus of proof lies with the Company to substantiate the penalty.