Common use of Mediation/Arbitration Clause in Contracts

Mediation/Arbitration. Nothing contained herein shall prevent the Employer and Local 1167 from mutually agreeing to submit a timely grievance involving a discharge or suspension only to a mediator/arbitrator that has been mutually selected by the parties for a final and binding decision. A mediator/arbitrator, who has been selected to hear a discharge or suspension grievance, shall attempt to mediate a mutually agreeable resolution of the involved grievance. If the mediator/arbitrator is unable to achieve a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution of a grievance and/or arbitrator’s decision under this mediation/arbitration process shall be final and binding on all of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days of the conclusion of such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) day, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees in cases where he cannot make a decision as to who, in fact, is the losing party.

Mediation/Arbitration. Nothing contained herein ‌ a) Failing a settlement under the foregoing procedure of any grievance arising from the interpretation, application, administration of alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request is received within fifteen (15) business days after the decision under Step 2 is given or was due, the grievance shall prevent be deemed to have been abandoned. b) Either party, with the Employer and Local 1167 from mutually agreeing to submit written agreement of the other party, may request the assistance of a timely grievance involving a discharge or suspension only mediator prior to a mediator/arbitrator that has been mutually selected by the parties for grievance proceeding to arbitration. The mediation shall be conducted on a final without prejudice basis and binding decision. A mediator/arbitrator, who has been selected to hear shall not order a discharge or suspension grievance, shall attempt to mediate a mutually agreeable resolution of the involved grievancegrievance but make recommendations to the parties. If The request for mediation will be made within ten (10) business days after the mediator/arbitrator decision has been rendered at Step 2. c) The parties will agree on a mediator and will share equally in the costs of mediation. d) Where a request for mediation is unable to achieve a mediated resolution of such grievancemade, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution of time limits for a grievance and/or arbitrator’s decision under this to proceed to arbitration will be suspended. In the event the grievance is not resolved in mediation/, the time limits for a grievance to proceed to arbitration process shall be final and binding on all of will resume the parties to such grievanceday following the mediation meeting. e) Where practical, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, mediation will commence within seven thirty (730) calendar days of the conclusion grievance being submitted to mediation. f) In the event the grievance is not settled by mediation, the matter may then be referred to arbitration, in writing, by either party to this Agreement, within ten (10) business days of the last date of mediation. g) When either party requests that any matter may be submitted to arbitration as provided in the foregoing Article, it shall make such proceedingrequest in writing, addressed to the other party to this Agreement, and at the same time shall suggest possible arbitrators. A mediator/If the parties are unable to agree to an arbitrator within a period of ten (10) business days, either of them may ask the Minister request the Minister of Labour of the Province of Ontario to appoint an impartial arbitrator’s authority . 11.01 No person may be appointed as an arbitrator who has been involved in cases in an attempt to negotiate or settle the grievance, without the consent of the parties. 11.02 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the mediator/grievance procedure. 11.03 The arbitrator finds it necessary shall not be authorized to render a make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 11.04 The proceedings of the arbitration board will be expedited by the parties and the decision of the arbitrator will be final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In upon the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) day, parties hereto and the fee employee or employees concerned. 11.05 Each of the mediator/arbitrator shall be prorated and charged parties hereto equally between bears the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting expenses of the fees arbitrator. 11.06 The parties acknowledge that the time limits set out in cases where he cannot make both the grievance and arbitration procedures must be strictly complied with unless there is a decision as written agreement to who, extend them. Failure to so comply shall result in fact, is the losing partygrievance being deemed to have been abandoned.

Mediation/Arbitration. Nothing contained herein shall prevent Where the Employer Company and Local 1167 from mutually agreeing Union agree, a grievance which is not resolved at Step 2 may be submitted to Mediation/Arbitration in the following manner. (a) No later than twenty (20) working days following receipt of the Step 2 decision, or at any time following the expiry of the time limits for the rendering of a Step 2 decision, the Union may serve notice of its wish to submit the grievance to Mediation/Arbitration, in writing, to the Director of Labour and Employee Relations. The Company will respond to the notice within ten (10) working days following receipt. Failing agreement to proceed with Mediation/Arbitration, the grievance may be processed in accordance with Article 13.08; (b) As soon as possible following the serving of notice, the Company and Union will attempt to agree on an Arbitrator and the date for the hearing. Failing agreement, the grievance may be processed in accordance with Article 13.08; (c) The hearings will be held at a timely grievance involving a discharge or suspension only location agreed to a mediator/arbitrator that has been mutually selected by the parties; (d) A maximum of three (3) grievances will be heard at any one (1) hearing and will be heard in the order they were originally filed under Article 13.06(b) or 13.07; (e) The Company and Union will attempt to agree on a written statement of fact for each grievance prior to the hearing. In the event there is no agreement, the Company and Union will provide to the other party, at least five (5) days prior to the hearing, a written outline of the evidence they intend to present during the hearing. Such outline will be of sufficient particularity to permit the other party to prepare for the hearing; (f) The grievances will be presented during Mediation/Arbitration by a designated representative of the Union and a designated representative of the Company, neither of whom will be a lawyer; (g) The Arbitrator will determine their own procedures but will give full opportunity to the parties for to present evidence and make submissions in a final and binding decisionprocess consistent with the requirements of natural justice. A mediator/arbitratorWhere possible, who has been selected to hear a discharge or suspension grievance, shall the Arbitrator will attempt to mediate a mutually agreeable resolution settlement between the parties; (h) Where a settlement is mediated, minutes of settlement will be prepared and signed by the involved grievance. If parties; (i) Where a settlement is not mediated, the mediator/arbitrator is unable to achieve Arbitrator will issue a mediated resolution of such grievance, he is expressly authorized written award and will have the authority to render a final any decision which they consider just and binding arbitral equitable. Such decision on will be brief and to the grievance-in-question point and is hereby empowered and directed to do so. A will not be inconsistent with the provisions of this Agreement nor will it alter or modify any of its provisions; (j) The Arbitrator's decision or the mediated resolution of a grievance and/or arbitrator’s decision under this mediation/arbitration process shall settlement will be final and binding on all the Company, the Union and the employee(s) involved; (k) The Company and Union will share, equally, the expenses and fees of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days of the conclusion of such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) day, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees in cases where he cannot make a decision as to who, in fact, is the losing partyArbitrator.

Mediation/Arbitration. Nothing contained herein 14:01 The Parties are committed to the early settlement of grievances and as such mutually agree that the process of grievance mediation is a valuable tool in arriving at mutually agreeable grievance settlements. In this regard the Parties agree that by mutual agreement on a “case-by-case” basis, grievances may be referred to grievance mediation prior to the grievance being heard by a sole arbitrator as set out in this collective agreement. In such circumstances the Parties shall prevent by mutual agreement select the Employer grievance mediator and Local 1167 from mutually agreeing they shall jointly and equally bear the fees and the expenses of the grievance mediator. 14:02 If the grievance is not settled at Step 3 (Three), either Party may notify the other within a further period of ten (10) working days after receiving the written reply that it intends to submit proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the grievance, a timely grievance involving precise statement of the matter in dispute, and a discharge or suspension only to a mediator/arbitrator that has been mutually selected statement of the actual remedy sought by the parties for Party from a final and binding decision. A mediator/arbitratorsingle Arbitrator. 14:03 The single Arbitrator, who has been selected to hear a discharge or suspension grievanceunless otherwise agreed upon by the Parties, shall attempt to mediate be selected on a mutually agreeable resolution rotating basis from an agreed upon list of Arbitrators. In the involved grievance. If event that the mediator/arbitrator Arbitrator selected is unable to achieve hear the grievance within sixty (60) calendar days after the grievance has been referred to him or her, the grievance will be referred to the next Arbitrator in line. 14:04 Each Party shall bear the expenses of its own nominee to an Arbitration Board and the Parties shall jointly and equally bear the fees and expenses of the Chairperson, or single Arbitrator as the case may be. 14:05 In the event a mediated resolution Board of such grievanceArbitration or single Arbitrator deals with a matter relating to discharge, he suspension or disciplinary action, then the board or single Arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award it may deem just and reasonable which would be consistent with the terms of the Agreement. 14:06 Any Board of Arbitration or single Arbitrator shall not have any authority to make any decision which is expressly authorized inconsistent with the terms of this Agreement, nor to render a final add to or amend any of the terms of this Agreement. The jurisdiction of the Arbitration Board or single Arbitrator shall be strictly confined to dealing with the issue in dispute within the confines of the Agreement between the Parties and binding arbitral the type of relief sought as outlined in the notice of intention to proceed to arbitration. The decision on of the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution Board of a grievance and/or arbitrator’s decision under this mediation/arbitration process Arbitration or single Arbitrator shall be final and binding on all upon the Parties. The decision shall be unanimous or one reached by a majority of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms members of the Agreement. An arbitral board; provided, however, that if there is no majority decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days of the conclusion board, then the decision of such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a Chairperson shall constitute the final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) day, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees in cases where he cannot make a decision as to who, in fact, is the losing partyboard.

Mediation/Arbitration. Nothing contained herein Mediation Process 9.01 The Union and the Employer agree to undertake a mediation process to assist in resolving differences or disputes, except Exclusion grievances, arising between the Parties to this Agreement based upon the following: (a) If the Parties fail to resolve a grievance after Step 2, the grievance shall prevent normally be referred to the next pre-scheduled monthly mediation. Each Party reserves the right to opt out of the mediation process on a grievance-by-grievance basis, in exceptional cases. At each pre- scheduled monthly mediation, the Parties shall attempt to resolve all (b) The costs of the mediation shall be borne equally by the Employer and Local 1167 from mutually agreeing the Union. (c) Resolutions are on a without prejudice, without precedent basis, unless otherwise agreed to submit a timely grievance involving a discharge or suspension only to a mediator/arbitrator that has been mutually selected by the parties for a final and binding decision. A mediator/arbitrator, who has been selected to hear a discharge or suspension grievance, shall attempt to mediate Parties. (d) If a mutually agreeable acceptable resolution of is not reached, the involved grievancegrievance will proceed to arbitration. (e) The Parties will not be represented by legal counsel in the mediation process unless they agree otherwise. If The grievance may not be referred to arbitration before the mediator/arbitrator is unable . The mediator shall not be compellable as a witness in any subsequent proceeding relating to achieve a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution of a . (f) The time limits in the grievance and/or arbitrator’s decision under this mediation/arbitration process shall be final and binding on all of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days suspended until the completion of the conclusion mediation process. (g) Nothing in this Article shall restrict the right of any Party from referring a grievance to arbitration under Section 49 of the Labour Relations Act, 1995, but where no such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary referral is made, this mediation process shall normally be completed before any grievance is referred to render a final and binding arbitral decision arbitration, subject to paragraph 9.01(a). 9.02 The Parties shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than schedule one (1) grievance is submitted to mediation date every month with a mediator/arbitrator for resolution on any one (1) day, mediator from the fee following list; this list may be amended annually by agreement of the mediator/arbitrator Parties. If the Parties are unable to agree on changes to the mediator list, no changes shall be prorated and charged equally between made during the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting term of the fees in cases where he cannot make a decision as to who, in fact, is the losing partycollective agreement. a. Xxx Xxxxxxx b. Xxxxx Xxxxxxx c. Xxxxxxx Xxxxxxxxx d. Xxxxx Xxxxxxxx e. Xxxxx Xxxxxxx f. Xxxxx Xxxxxxxxx

Mediation/Arbitration. Nothing contained herein 24.1 If the Parties are unable to resolve a dispute arising out of or relating to this Agreement in accordance with the Section entitled “Dispute Resolution,” the Parties will in good faith attempt to resolve such dispute through non-binding mediation. The mediation shall prevent be conducted before a mediator acceptable to both sides, who shall be an attorney or retired judge practicing in the Employer areas of banking and/or information technology law. The mediation shall be held in Charlotte, N.C., provided, however, a dispute relating to infringement of Intellectual Property Rights or the Section entitled “Confidentiality and Local 1167 from mutually agreeing Information Protection” shall not be subject to submit this Section entitled “Mediation/Arbitration”. 24.2 Any controversy or claim, other than those specifically excluded, between or among the Parties not resolved through mediation under the preceding provision, shall at the request of a timely grievance involving Party be determined by arbitration. The arbitration shall be conducted by one independent arbitrator who shall be an attorney or retired judge practicing in the areas of banking and/or information technology law. The arbitration shall be held in Charlotte, N.C. in accordance with the United States Arbitration Act (9 U.S.C. 1 et seq.), notwithstanding any choice of law provision in this Agreement, and under the auspices and the Commercial Arbitration Rules of the American Arbitration Association. 24.3 Consistent with the expedited nature of arbitration, each Party will, upon the written request of the other Party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim on which the producing Party may rely in support of or in opposition to any claim or defense. At the request of a discharge or suspension only Party, the arbitrator shall have the discretion to order examination by deposition of witnesses to the extent the arbitrator deems such additional discovery relevant and appropriate. Depositions shall be limited to a mediator/arbitrator that has been mutually selected by the parties for a final and binding decision. A mediator/arbitrator, who has been selected to hear a discharge or suspension grievance, shall attempt to mediate a mutually agreeable resolution maximum of the involved grievance. If the mediator/arbitrator is unable to achieve a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution of a grievance and/or arbitrator’s decision under this mediation/arbitration process shall be final and binding on all of the parties to such grievance, including the grievant(s), three (3) per Party and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, held within seven thirty (730) calendar days of the conclusion making of such proceedinga request. A mediator/Additional depositions may be scheduled only with the permission of the arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a final , and binding arbitral decision for good cause shown. Each deposition shall be expressly limited to that provided a maximum of three (3) hours duration. All objections are reserved for in Paragraph A-1-(f) of this Articlethe arbitration hearing except for objections based on privilege and proprietary or confidential information. In Any dispute regarding discovery, or the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) dayrelevance or scope thereof, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne determined by the loser in a grievance in arbitrator, which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid conclusive. All discovery shall be completed within sixty (60) calendar days following the appointment of the arbitrator. 24.4 The arbitrator shall give effect to statutes of limitation in determining any claim, and any controversy concerning whether an issue is arbitrable shall be determined by the losing partyarbitrator. FurtherThe arbitrator shall follow the law in reaching a reasoned decision and shall deliver a written opinion setting forth findings of fact, conclusions of law and the mediator/rationale for the decision. The arbitrator shall reconsider the decision once upon the motion and at the expense of a Party. The Section of this Agreement entitled “Confidentiality and Information Protection” shall apply to the arbitration proceeding, all evidence taken, and the arbitrator’s opinion, which shall be Confidential Information of both Parties. Judgment upon the decision rendered by the arbitrator may order be entered in any court having jurisdiction. 24.5 No provision of this Section shall limit the right of a splitting Party to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration. The exercise of a remedy does not waive the right of either Party to resort to arbitration. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the fees in cases where he cannot make a decision as right of either Party to who, in fact, is submit the losing partycontroversy or claim to arbitration if the other Party contests such action for judicial relief.

Mediation/Arbitration. Nothing contained herein shall prevent The District and the Employer and Local 1167 from Association may mutually agreeing agree to submit a timely grievance involving a discharge or suspension only to a mediator/arbitrator that has been mutually selected by utilize the parties for a final and binding decision. A mediator/arbitrator, who has been selected to hear a discharge or suspension grievance, shall attempt to mediate a mutually agreeable resolution of the involved grievance. If the mediator/arbitrator is unable to achieve a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed to do so. A mediated resolution of a grievance and/or arbitrator’s decision under this mediation/arbitration process shall if the parties so choose, in accordance with the following process: 12.2.3.1 A grievance may be final and binding on all referred to mediation if the Association is not satisfied with the disposition of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms at Step Two (2) of the Agreement. An arbitral grievance procedure, or if no written decision pursuant to this mediation/arbitration procedure shall be issued, has been received from the District within the time limits prescribed in writing, Step Two (2). 12.2.3.2 The Association must notify the District in writing within seven five (75) calendar days workdays of the conclusion of Step Two (2) of the Association's desire to refer the grievance to mediation. The District shall respond to the Association whether or not the District agrees to the mediation of the grievance no later than two (2) workdays prior to the Association's contractual deadline for the submission of a grievance to arbitration or within five (5) workdays of receipt of the written notification, whichever is sooner. 12.2.3.3 The District and the Association must mutually agree to submit a grievance to mediation. If the parties agree to submit a grievance to mediation, then the timelines and procedures contained within the grievance procedure of this Agreement which provide for the submission of a grievance to binding arbitration, shall be held in abeyance until such proceedingtime as written notification of appeal is provided by the Association to the District in accordance with Section 12.2.3.11. A mediator/arbitrator’s authority in cases in The date on which written notification of appeal is filed by the Association with the District shall serve as the date from which the mediator/arbitrator finds it necessary timelines and procedures contained within this Agreement which provide for the of a grievance to render a final and binding arbitral decision arbitration shall be expressly limited enforced. 12.2.3.4 Within five (5) workdays following the agreement of the District and the Association to that provided for in Paragraph A-1-(fmediate the grievance, the Association shall so notify the Federal Mediation and Conciliation Service (FMCS) of this Articleor any agency mutually agreed by the parties. In Mediation shall be scheduled at the event that more than earliest possible date. Mediation conferences will take place at a mutually convenient location. 12.2.3.5 The grievant shall have the right to be present at the mediation conference. 12.2.3.6 There shall be one (1) grievance is submitted person from each party designated as spokesperson for that party at the mediation conference. 12.2.3.7 The mediator will have the authority to meet separately with either party but will not have the authority to compel the resolution of a mediator/arbitrator for resolution on any one (1) day, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees in cases where he cannot make a decision as to who, in fact, is the losing partygrievance.

Mediation/Arbitration. Nothing contained herein shall prevent Mediation Process 9.01 The Union and the Employer and Local 1167 from mutually agreeing agree to submit undertake a timely mediation process to assist in resolving differences or disputes, except Exclusion grievances, arising between the Parties to this Agreement based upon the following: (a) If the Parties fail to resolve a grievance involving after Step 2, the grievance shall normally be referred to the next pre-scheduled monthly mediation. Each Party reserves the right to opt out of the mediation process on a discharge or suspension only to a mediator/arbitrator that has been mutually selected by grievance- by-grievance basis, in exceptional cases. At each pre-scheduled monthly mediation, the parties for a final and binding decision. A mediator/arbitrator, who has been selected to hear a discharge or suspension grievance, Parties shall attempt to mediate a mutually agreeable resolution of resolve all grievances processed, but not resolved, through the involved grievancegrievance procedure in the preceding month. If the mediator/arbitrator number of grievances referred to mediation is unable impractical, the Parties may agree to achieve schedule an additional mediation with a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision mediator on the grievance-in-question and is hereby empowered and directed agreed list, or to do so. A mediated resolution of a grievance and/or arbitrator’s decision under this mediation/arbitration process shall be final and binding on all of the parties to such grievance, including the grievant(s), and shall be of no precedential or evidentiary value of whatsoever nature in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days of the conclusion of such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than defer one (1) or more grievances to the next monthly mediation. (b) The costs of the mediation shall be borne equally by the Employer and the Union. (c) Resolutions are on a without prejudice, without precedent basis, unless otherwise agreed to by the Parties. (d) If a mutually acceptable resolution is not reached, the grievance will proceed to arbitration, unless withdrawn or resolved subsequent to mediation. (e) The Parties will not be represented by legal counsel in the mediation process unless they agree otherwise. The grievance may be referred to arbitration before the mediator, with the mutual agreement of the Parties. The mediator shall not be compellable as a witness in any subsequent proceeding relating to the grievance. (f) The time limits in the grievance procedure shall be suspended until the completion of the mediation process. (g) Nothing in this Article shall restrict the right of any Party from referring a grievance to arbitration under Section 49 of the Labour Relations Act, 1995, but where no such referral is made, this mediation process shall normally be completed before any grievance is submitted referred to a mediator/arbitrator for resolution on any arbitration, subject to paragraph 9.01(a). 9.02 The Parties shall schedule one (1) daymediation date every month with a mediator from the following list; this list may be amended annually by agreement of the Parties. If the Parties are unable to agree on changes to the mediator list, no changes shall be made during the term of the collective agreement. a. Xxx Xxxxxxx b. Xxxxxxx Xxxxxxxxx c. Xxxxxxx Xxxx d. Xxxxx Xxxxxxx e. Xxxxxxx Xxxxxx f. Xxxxx Xxxxxxxx g. Xxxxxxxx Xxxxxxxx h. Xxxxxx Xxxxxx i. Xxxx Xxxxxx Subject to availability, one (1) mediator shall be appointed in the above rotation once every month, but if any mediator is unavailable, the fee Parties shall proceed to the next mediator on the list. Arbitration Process 9.03 If a grievance is not settled at mediation, the grievance may be taken to arbitration either under the provisions of Section 49 of the mediatorOntario Labour Relations Act or by a written notice signed by the President of the Union and given to the Associate Director, Employee Relations no later than fifteen (15) working days following receipt of the Employer’s written reply as required in Step 2 (Article 8 – Complaints/Grievances). With regard to the arbitration process, Arbitrators shall be selected from the following rotation which may be amended annually by agreement of the Parties: a. Xxxxx Xxxxxxx b. Xxxxxxx Xxxxxx c. Xxxxxxxx Xxxxxxxx d. Xxxxxxx Xxxxxxxxx e. Xxxxxxx Xxxxxxx f. Xxx Xxxxxxx g. Xxxxx Xxxxxxxx 9.04 One (1) arbitrator shall be prorated and charged equally between appointed from the involved grievances above rotation so that an arbitration is scheduled once every month. This frequency shall be altered by agreement of the Parties in writing, where appropriate, having regard for which the volume of cases that remain unresolved after Grievance Mediation. If any arbitrator is unavailable for a decision is rendereddate agreeable to the Parties, the Parties shall proceed to the next arbitrator on the list. The mediator/arbitrator fees Parties will make their best efforts to have arbitrations scheduled at least fourteen (14) months in advance, with an even distribution of dates among the listed arbitrators. 9.05 Cases referred to arbitration shall be borne assigned to arbitrators on the above list by mutual agreement of the loser in Parties. Such assignment shall take place within ten (10) working days following the grieving Party’s notice that the matter shall be referred to arbitration. If the Parties are unable to agree within ten (10) working days, the case 9.06 Notwithstanding Article 9.03 above, the Parties may agree to refer a grievance to a three (3) person Board of Arbitration. If the Party referring a grievance to arbitration proposes this, the written notice shall contain the name and address of the Party’s appointee to the Board. The responding Party shall advise whether it is in which he is required agreement with the appointment of a three (3) person Board of Arbitration, and if so, shall provide the name and address of its appointee to render the Board no later than ten (10) working days following receipt of the referring Party’s written notice. The two (2) appointees shall, within ten (10) working days, select an impartial chair who may or may not be on the list referenced in Article 9.03. Failing agreement within this time, either Party may request the Minister of Labour for the Province of Ontario to select a final and binding arbitral decisionChair. Should If the responding Party does not agree with the appointment of a dispute arise as to whothree-person board, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination grievance shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees dealt with in cases where he cannot make a decision as to who, in fact, is the losing partyaccordance with Articles 9.04 and 9.05.

Mediation/Arbitration. Nothing contained herein shall prevent If a dispute arises from or relates to this Agreement or the Employer breach thereof, and Local 1167 from mutually agreeing if the dispute cannot be settled through direct discussions, the parties agree to submit a timely grievance involving a discharge or suspension only endeavor first to a mediator/arbitrator that has been mutually selected settle the dispute by mediation administered by the parties for a final and binding decisionAmerican Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. A mediator/arbitratorThe Parties further agree that any unresolved controversy or claim arising out of or relating to this contract, who has been selected to hear a discharge or suspension grievancebreach thereof, shall attempt be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be New Orleans, Louisiana. Hearings will take place pursuant to mediate a mutually agreeable resolution the standard procedures of the involved grievanceCommercial Arbitration Rules that contemplate in person hearings. If The standard provisions of the mediator/arbitrator is unable Commercial Rules shall apply. Arbitrators will have the authority to achieve allocate the costs of the arbitration process among the Parties but will only have the authority to allocate attorneys' fees if a mediated resolution of such grievance, he is expressly authorized to render a final and binding arbitral decision on the grievance-in-question and is hereby empowered and directed particular law permits them to do so. A mediated resolution The award of a grievance and/or arbitrator’s decision under this mediation/arbitration process the arbitrators shall be accompanied by a reasoned opinion. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules ("Appellate Rules"); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final and binding on all until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the parties to such grievanceAppellate Rules, including by filing a Notice of Appeal with any AAA office. Following the grievant(s), and shall appeal process the decision rendered by the appeal tribunal may be of no precedential or evidentiary value of whatsoever nature entered in any other grievance arising under the terms of the Agreement. An arbitral decision pursuant to this mediation/arbitration procedure shall be issued, in writing, within seven (7) calendar days of the conclusion of such proceeding. A mediator/arbitrator’s authority in cases in which the mediator/arbitrator finds it necessary to render a final and binding arbitral decision shall be expressly limited to that provided for in Paragraph A-1-(f) of this Article. In the event that more than one (1) grievance is submitted to a mediator/arbitrator for resolution on any one (1) day, the fee of the mediator/arbitrator shall be prorated and charged equally between the involved grievances for which a decision is rendered. The mediator/arbitrator fees shall be borne by the loser in a grievance in which he is required to render a final and binding arbitral decision. Should a dispute arise as to who, in fact, is the losing party in any arbitration held pursuant to these provisions and the mediator/arbitrator is called upon to make a determination as to who, in fact, is the losing party, his additional fees, if any for making such a final determination shall be paid by the losing party. Further, the mediator/arbitrator may order a splitting of the fees in cases where he cannot make a decision as to who, in fact, is the losing partycourt having jurisdiction thereof.