Common use of MEDIATION – ARBITRATION PROCESS Clause in Contracts

MEDIATION – ARBITRATION PROCESS. (a) The process will begin with the signing of this Collective Agreement and remain in effect until either party gives sixty (60) days written notice that they want to end the agreement, grievances already slated for hearing must be followed through on regardless of notice given. (b) The parties will agree on two (2) arbitrators in each Province to hear mutually agreed upon cases to be brought forward to mediation-arbitration. The Union shall select one (1) arbitrator and the Corporation shall select one (1) arbitrator. (c) The selected arbitrators shall be used on a rotational basis within each region. (d) Once a Province has five (5) or more non-dismissal grievances that they mutually agree to proceed with a date shall be set to hold a hearing. The cases scheduled for Mediation- Arbitration will be agreed upon by the parties no later than the 15th of the preceding month when such is possible. (e) Any and all fees charged by, or costs incurred by, the Mediator- Arbitrator, shall be shared equally between the Corporation and the Local Union. (f) Any settlements reached in the mediation phase shall be without prejudice to either party, and shall not be regarded as an admission of liability by either the Corporation or the Union. (g) Should any dispute not be settled in the mediation phase, it may be progressed by either the Corporation or the Union to the expedited arbitration phase. (h) The jurisdiction of the Mediator-Arbitrator shall extend and be limited to solely the mediation and expedited arbitration of specific disputes respecting the meaning or alleged violation of any one or more provisions of a valid subsisting collective agreement between the Union and the Corporation, or pertinent legislation, including any claims related to such provisions than an employee/ Owner Operator has been unjustly or excessively disciplined. (i) This special mediation-expedited arbitration process will be conducted in accordance with the instructions of the Mediator-Arbitrator, or as otherwise agreed to by the parties at the time of the commencement of the proceedings. (j) Should a case not be resolved by mediation, either party may refer the matter to the Mediator-Arbitrator for final and binding resolution. The submissions of the parties shall be limited to oral presentations are limited to a maximum duration of thirty (30) minutes (including rebuttal) for each party, per case. (k) Each party reserves the right to submit evidence in support of their presentations. (l) Representations and arguments during this special process of mediation-arbitration shall be restricted and limited for each case, to no more than two (2) spokespersons for the Union and two (2) spokespersons for the Corporation, per case. Legal council will not be allowed to attend on behalf of either party. (m) The cases referred to the Mediator-Arbitrator for mediation and final and binding resolution shall be limited to those specifically agreed upon beforehand, in writing, by the Union and Corporation. The cases will be presented to the Mediator-Arbitrator in date order: i.e.: from the oldest to the most recent. (n) Each case referred to the Mediator-Arbitrator for expedited arbitration will be numbered consecutively by the Mediator-Arbitrator and he shall provide his or her decision orally immediately following the presentation of each case, unless otherwise agreed to between the Corporation and the Union. At the request of either of the parties, the Mediator-Arbitrator shall provide the parties with a short, written summary of his or her decision(s) within thirty (30) days of the special proceedings, or as otherwise agreed to by the parties. (o) The decisions of the Mediator-Arbitrator on any case referred to him or her for final and binding resolution under this process will not be used by the parties hereto for the purpose of establishing precedents or jurisprudence for the handling any future cases of a like or similar nature and neither party may rely on any of these cases to support a claim that the issue had been definitely settled by a decision in any other case. The Mediator-Arbitrator shall not, in any case, add to, subtract from, modify, rescind, or disregard any provision of the Collective Agreement. (p) Each decision of the Mediator-Arbitrator, which is made under the jurisdiction of this memorandum of agreement, shall be final and binding upon the Corporation and the Union, as well as the employee or Owner Operator involved. (q) The Corporation and the Union agree that the powers of the Mediator-Arbitrator are restricted by and to these rules notwithstanding any other agreement to the contrary. The Mediator-Arbitrator shall not have the power to modify these agreed upon rules without the consent of both the Corporation and Union. (r) In the event that the parties encounter difficulties in implementing the decision(s) of the Mediator-Arbitrator, the Corporation and the Union agree that the Mediator-Arbitrator will remain seized of each of the cases presented to him for arbitration. (s) The decision of the Mediator-Arbitrator shall not be subject to appeal by-the Corporation, the Union, or the employee or Owner Operator involved. (t) These special mediation-arbitration sessions will be held at times and locations as mutually agreed upon by the parties. (u) The foregoing shall apply to all National and Provincial Collective agreements or Appendices.

MEDIATION – ARBITRATION PROCESS. (a) The process will begin with VOLUNTARY)‌ 13.01 Notwithstanding the signing of grievance procedure in this Collective Agreement and remain in effect until either party gives sixty (60) days written notice that they want to end the collective agreement, the parties to the collective agreement may, at any time, agree to refer one or more grievances already slated under the collective agreement to a single mediator-arbitrator for hearing must be followed through on regardless the purpose of notice givenresolving the grievances in an expeditious and informal manner. (b) 13.02 The parties will agree on two (2) arbitrators in each Province shall not refer a grievance to hear mutually a mediator-arbitrator unless they have agreed upon cases to be brought forward the nature of any issues in dispute. 13.03 A mediator/arbitrator appointed under the above Article shall begin proceedings within 45 days of referral to mediation-arbitration. The Union shall select one (1) arbitrator and the Corporation shall select one (1) arbitrator. (c) The selected arbitrators shall be used on a rotational basis within each region. (d) Once a Province has five (5) or more non-dismissal grievances that they mutually agree to proceed with a date shall be set to hold a hearing. The cases scheduled for Mediation- Arbitration will be agreed upon by the parties no later than the 15th of the preceding month when such is possible. (e) Any and all fees charged by, or costs incurred by, the Mediator- Arbitrator, shall be shared equally between the Corporation and the Local Union. (f) Any settlements reached in the mediation phase shall be without prejudice to either party, and shall not be regarded as an admission of liability by either the Corporation or the Union. (g) Should any dispute not be settled in the mediation phase, it may be progressed by either the Corporation or the Union to the expedited arbitration phase. (h) The jurisdiction of the Mediator-Arbitrator shall extend and be limited to solely the mediation and expedited arbitration of specific disputes respecting the meaning or alleged violation of any one or more provisions of a valid subsisting collective agreement between the Union and the Corporation, or pertinent legislation, including any claims related to such provisions than an employee/ Owner Operator has been unjustly or excessively disciplined. (i) This special mediation-expedited arbitration process will be conducted in accordance with the instructions of the Mediator-Arbitrator, or as otherwise agreed to by the parties at the time of the commencement of the proceedings. (j) Should a case not be resolved by mediation, either party may refer the matter to the Mediator-Arbitrator for final and binding resolution. The submissions of the parties shall be limited to oral presentations are limited to a maximum duration of thirty (30) minutes (including rebuttal) for each party, per case. (k) Each party reserves the right to submit evidence in support of their presentations. (l) Representations and arguments during this special process of mediation-arbitration shall be restricted and limited for each case, to no more than two (2) spokespersons for the Union and two (2) spokespersons for the Corporation, per case. Legal council will not be allowed to attend on behalf of either party. (m) The cases referred to the Mediator-Arbitrator for mediation and final and binding resolution shall be limited to those specifically agreed upon beforehand, in writing, by the Union and Corporation. The cases will be presented to the Mediator-Arbitrator in date order: i.e.: from the oldest to the most recent. (n) Each case referred to the Mediator-Arbitrator for expedited arbitration will be numbered consecutively by the Mediator-Arbitrator and he shall provide his or her decision orally immediately following the presentation of each case, unless otherwise agreed to between the Corporation and the Union. At the request of either of the parties, the Mediator-Arbitrator shall provide the parties with a short, written summary of his or her decision(s) within thirty (30) days of the special proceedings, or as otherwise later date is agreed to by the parties. (o) 13.04 The decisions mediator-arbitrator may adopt such procedures as are necessary to allow an expeditious resolution of the Mediatorissue in dispute. Decisions by a mediator-Arbitrator on any case referred arbitrator may be made in such a manner as the mediator-arbitrator chooses; however, a written decision shall be made at the request of either party. 13.05 In every such case, the arbitrator shall issue a brief written decision no later than 20 days from the date of the hearing. This opportunity applies for the duration of lay off as long as recall rights exist for the laid off employee. Any severance pay owed to him or her such employee in the event of lay off is not payable for final and binding resolution the duration of time during which the employee is accessing part time hours under this process provision. If the employee has not been recalled to full-time employment as of expiration of his recall rights, his/her severance pay entitlement will not be used by based on the parties hereto for the purpose of establishing precedents or jurisprudence for the handling any future cases of employee’s entitlement to severance pay as a like or similar nature full time employee and neither party may rely on any of these cases to support a claim that the issue had been definitely settled by a decision in any other case. The Mediator-Arbitrator shall not, in any case, add to, subtract from, modify, rescind, or disregard any provision will be paid as of the Collective Agreement. (p) Each decision expiration of recall rights. On payment of severance pay, any subsequent access to part time employment is only on the mutual agreement of the Mediator-Arbitrator, which is made under the jurisdiction of this memorandum of agreement, shall be final employer and binding upon the Corporation and the Union, as well as the employee or Owner Operator involvedemployee. (q) The Corporation and the Union agree that the powers of the Mediator-Arbitrator are restricted by and to these rules notwithstanding any other agreement to the contrary. The Mediator-Arbitrator shall not have the power to modify these agreed upon rules without the consent of both the Corporation and Union. (r) In the event that the parties encounter difficulties in implementing the decision(s) of the Mediator-Arbitrator, the Corporation and the Union agree that the Mediator-Arbitrator will remain seized of each of the cases presented to him for arbitration. (s) The decision of the Mediator-Arbitrator shall not be subject to appeal by-the Corporation, the Union, or the employee or Owner Operator involved. (t) These special mediation-arbitration sessions will be held at times and locations as mutually agreed upon by the parties. (u) The foregoing shall apply to all National and Provincial Collective agreements or Appendices.