List and Jurisdiction of Arbitrators. By mutual agreement, the Parties will compile a list of twelve (12) arbitrators, eight (8) of whom shall be based in Toronto. When a grievance is referred to arbitration, the next arbitrator in the rotation who is available to hear the case within the relevant time frame (as defined below) shall be assigned the case and the hearing scheduled within the relevant time frame. The initial order of the list of arbitrators shall be alphabetical by last name unless otherwise agreed. When an arbitrator is assigned a case, his or her name shall move to the bottom of the list except that all arbitrators on the list who are based in the city where the hearing is to take place shall be considered before the other arbitrators on the list are to be considered. When more than one grievance is referred to arbitration during the same week of National Grievance Committee meetings or in other circumstances on the same day, arbitrators will be assigned to the cases chronologically based on the dates of the grievances. For the purposes of assigning an arbitrator, the relevant time frame for a case to be heard unless otherwise specified in the Collective Agreement shall be: the first hearing day shall be between sixty (60) and one hundred and twenty (120) days of the date of referral to arbitration, unless the Parties agree otherwise; as well, if, prior to the assignment of an arbitrator to a case, the Party referring the case to arbitration indicates that it wishes at the outset to have a specified number of hearing days scheduled, all those hearing days, where possible, will be scheduled within the one hundred and twenty (120) days. Where the arbitrator assigned a case has multiple days available within the relevant time frame, the hearing shall be scheduled on one or more of those available dates on the day or days mutually agreed to by the Parties or where there is no agreement on the day or days determined by that arbitrator. At the conclusion of the National Grievance Committee meeting, the co-chairs of the Committee shall jointly review the availability of arbitrators from the Parties' list, shall identify the assignment of arbitrators required by this Article for the cases referred to arbitration during the week's meetings and shall identify the dates of the hearings. The Parties shall jointly inform the arbitrators on their list and shall request that each arbitrator provide the Parties with a list of available dates within the next one hundred and twenty (120) days. W...
List and Jurisdiction of Arbitrators. By mutual agreement, the parties will compile a list of ten (10) arbitrators. When a grievance is referred to arbitration, the first available arbitrator on the list, in the rotation, will be assigned the case. If none of the arbitrators on the list is available to hear the case within the relevant time frame, the parties will, by mutual agreement, select an arbitrator who is not on the list. Notwithstanding the foregoing, the parties may, in any event and by mutual agreement, choose an arbitrator not on the list. Each January, the parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain ten (10) names. In addition, each January, either party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In any case, if the parties are unable to agree on an arbitrator, the parties shall request the Minister of Labour to appoint one. There shall be three (3) mutually exclusive arbitration processes: expedited arbitration, full arbitration and mediation-arbitration. Where a hearing is scheduled under any one of the above processes, each party will submit to the arbitrator a brief statement of facts outlining the issue(s) in dispute. The statement of facts must be submitted to the arbitrator and other party, by 5pm, at least two (2) business days prior to the first date of the hearing. The parties can neither submit nor amend a statement of facts after the deadline and the parties agree that the arbitrator can not review or consider a statement of facts or amended statement of facts that is submitted after the deadline. In arriving at a decision in any of of these processes, including where the dispute relates to a dismissal or layoff, the arbitrator shall be limited to the consideration of the issue(s) as outlined in the prescribed grievance form and the statement of facts before him or her. The arbitrator shall render a decision according to the terms and provisions of this Collective Agreement. The arbitrator shall not in any way amend, modify, extend or change any of the provisions of this Collective Agreement.
