Common use of List and Jurisdiction of Arbitrators Clause in Contracts

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. When a grievance is referred to arbitration at a time other than during a week that the National Grievance Committee meets, the Party referring the case to arbitration shall canvas the availability of the arbitrators on the Parties' list to determine the next arbitrator in the rotation who is available to hear the case within the relevant time frame and shall inform that arbitrator and the other Party in writing of the name of that arbitrator and the date(s) that the case is to be heard or, where the arbitrator being assigned the case has multiple days available within the relevant time frame, of the dates that the case may be heard. If none of the arbitrators on the Parties' list of arbitrators is available to hear a case within the relevant time frame, the Party who referred the case to arbitration may opt to extend the relevant time frame for a specified period and have the assignment of the arbitrator proceed in accordance with the rotation process. If the Party who referred the case to arbitration does not opt to extend the relevant time frame, then the Parties will, by mutual agreement, within five (5) business days select an arbitrator who is not on the Parties' list. In such a situation, if the Parties are unable to agree on an arbitrator, the Parties shall request the Minister of Labour to appoint one. Each January, the Parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain twelve (12) names. In addition, each January, either Party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In addition to the process to be followed by the Grievance Procedure Arbitrator, 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 three (3) processes (expedited arbitration, full arbitration and mediation- arbitration), 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 cannot 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 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.

Appears in 3 contracts

Samples: Letter of Agreement, Collective Agreement, Letter of Agreement

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List and Jurisdiction of Arbitrators. By mutual agreement, the Parties 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 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 parties agree otherwise; as well, if, prior to the assignment of an arbitrator to a case, the Party 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 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 Partiesparties' 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 parties shall jointly inform the arbitrators on their list and shall request that each arbitrator provide the Parties parties with a list of available dates within the next one hundred and twenty (120) days. When a grievance is referred to arbitration at a time other than during a week that the National Grievance Committee meets, the Party party referring the case to arbitration shall canvas the availability of the arbitrators on the Partiesparties' list to determine the next arbitrator in the rotation who is available to hear the case within the relevant time frame and shall inform that arbitrator and the other Party party in writing of the name of that arbitrator and the date(s) that the case is to be heard or, where the arbitrator being assigned the case has multiple days available within the relevant time frame, of the dates that the case may be heard. If none of the arbitrators on the Partiesparties' list of arbitrators is available to hear a case within the relevant time frame, the Party party who referred the case to arbitration may opt to extend the relevant time frame for a specified period and have the assignment of the arbitrator proceed in accordance with the rotation process. If the Party party who referred the case to arbitration does not opt to extend the relevant time frame, then the Parties parties will, by mutual agreement, within five (5) business days select an arbitrator who is not on the Partiesparties' list. In such a situation, if the Parties parties are unable to agree on an arbitrator, the Parties parties shall request the Minister of Labour to appoint one. Each January, the Parties parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain twelve (12) names. In addition, each January, either Party party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In addition to the process to be followed by the Grievance Procedure Arbitrator, 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 three (3) processes (expedited arbitration, full arbitration and mediation- arbitration), each Party 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 Partyparty, by 5pm, at least two (2) business days prior to the first date of the hearing. The Parties parties can neither submit nor amend a Statement of Facts after the deadline and the Parties parties agree that the arbitrator cannot 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 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 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.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

List and Jurisdiction of Arbitrators. By mutual agreement, the Parties will compile a list of twelve fifteen (1215) arbitrators, eight nine (8) 9) 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 their 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 grievancesgrievances unless the Parties agree otherwise. 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, . If prior to the assignment of an arbitrator to a case, the referring 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 Within two (2) weeks of the conclusion of the a National Grievance Committee meetingmeeting at which a grievance is referred to arbitration, the co-chairs of the Committee Parties 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 Where either Party requires further time to confirm availability of witnesses for an arbitration, the arbitrators on their list and shall request that each arbitrator provide scheduling of the Parties with a list of available dates within arbitration will be extended by one week. In the next one hundred and twenty (120) days. When event a grievance is referred to arbitration at outside of a time other than during a week that the National Grievance Committee meetsmeeting, the Party referring Parties will meet to schedule the case to arbitration shall canvas within two (2) weeks of referral with the availability possibility of the arbitrators on the Parties' list to determine the next arbitrator in the rotation who is available to hear the case within the relevant time frame and shall inform that arbitrator and the other Party in writing of the name of that arbitrator and the date(s) that the case is to be heard or, where the arbitrator being assigned the case has multiple days available within the relevant time frame, of the dates that the case may be hearda one week extension as set out above. If none of the arbitrators on the Parties' list of arbitrators is available to hear a case within the relevant time frame, the Party who referred the case to arbitration may opt to extend the relevant time frame for a specified period and have the assignment of the arbitrator proceed in accordance with the rotation process. If the Party who referred the case to arbitration does not opt to extend the relevant time frame, then the Parties will, by mutual agreement, within five (5) business days select an arbitrator who is not on the Parties' list. In such a situation, if the Parties are unable to agree on an arbitrator, the Parties shall request the Minister of Labour to appoint one. Each January, the Parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain twelve fifteen (1215) names. In addition, each January, either Party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In addition to the process to be followed by the Grievance Procedure Arbitrator, there shall be three (3) mutually exclusive Where a mediation-arbitration processes: expedited arbitration, or full arbitration and mediation- arbitration. Where a hearing is scheduled under any one of the above three (3) processes (expedited arbitration, full arbitration and mediation- arbitration)scheduled, 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 cannot 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 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.

Appears in 2 contracts

Samples: Agreement and Rights 10, Collective Agreement

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List and Jurisdiction of Arbitrators. By mutual agreement, the Parties parties will compile a list of twelve (12) arbitrators, eight (8) of whom shall be based in Toronto. When Mhen 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 Mhen 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 Mhen 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 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 parties agree otherwise; as well, if, prior to the assignment of an arbitrator to a case, the Party 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 Mhere 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 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 Partiesparties' 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 parties shall jointly inform the arbitrators on their list and shall request that each arbitrator provide the Parties parties with a list of available dates within the next one hundred and twenty (120) days. When Mhen a grievance is referred to arbitration at a time other than during a week that the National Grievance Committee meets, the Party party referring the case to arbitration shall canvas the availability of the arbitrators on the Partiesparties' list to determine the next arbitrator in the rotation who is available to hear the case within the relevant time frame and shall inform that arbitrator and the other Party party in writing of the name of that arbitrator and the date(s) that the case is to be heard or, where the arbitrator being assigned the case has multiple days available within the relevant time frame, of the dates that the case may be heard. If none of the arbitrators on the Partiesparties' list of arbitrators is available to hear a case within the relevant time frame, the Party party who referred the case to arbitration may opt to extend the relevant time frame for a specified period and have the assignment of the arbitrator proceed in accordance with the rotation process. If the Party party who referred the case to arbitration does not opt to extend the relevant time frame, then the Parties parties will, by mutual agreement, within five (5) business days select an arbitrator who is not on the Partiesparties' list. In such a situation, if the Parties parties are unable to agree on an arbitrator, the Parties parties shall request the Minister of Labour to appoint one. Each January, the Parties parties will review the list of arbitrators and may, by mutual agreement, add or delete names, but must maintain twelve (12) names. In addition, each January, either Party party may unilaterally remove one (1) arbitrator who will be replaced by mutual agreement. In addition to the process to be followed by the Grievance Procedure Arbitrator, there shall be three (3) mutually exclusive arbitration processes: expedited arbitration, full arbitration and mediation- arbitration. Where Mhere a hearing is scheduled under any one of the above three (3) processes (expedited arbitration, full arbitration and mediation- arbitration), each Party 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 Partyparty, by 5pm, at least two (2) business days prior to the first date of the hearing. The Parties parties can neither submit nor amend a Statement of Facts after the deadline and the Parties parties agree that the arbitrator cannot 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 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 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.

Appears in 1 contract

Samples: Collective Agreement

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