Powers and Procedure Clause Samples

Powers and Procedure. (a) Job Arbitrator (i) With respect to matters referred by either Party to the Job Arbitrator concerning which the Arbitrator has jurisdiction, a Summary decision, direction or order (herein called a “Summary Disposition”) shall be issued. A Summary Disposition shall be effective from the time of oral pronouncement but shall as soon as practicable be confirmed in writing by the Job Arbitrator. All Summary Dispositions shall be final and binding upon the Parties unless and until revoked or varied by the Joint Industry Labour Relations Committee or by the Industry Arbitrator upon re-hearing. Before making a Summary Disposition the Job Arbitrator may as deemed necessary or expedient, investigate, or act upon personal knowledge and experience, or upon information furnished by either or both of the Parties or by other persons believed by the Arbitrator to be qualified to give such information. If either Party shall, within five days (excluding Saturdays, Sundays and Recognized Holidays) of confirmation of the Summary Disposition by the Job Arbitrator, give notice in writing to the other Party of its desire to have the matter re-heard by the Joint Industry Labour Relations Committee, the Joint Industry Labour Relations Committee shall proceed to re-hear the matter and to attempt to render a decision satisfactory to both Parties. Any such decision of the Joint Industry Labour Relations Committee shall be deemed to be the Joint Industry Labour Relations Committee Award, which shall be final and binding upon the Parties hereto. If the Joint Industry Labour Relations Committee fails to make a decision satisfactory to both Parties within a further five (5) days (exclusive of Saturdays, Sundays or Recognized Holidays) from the time such notice was given, the matter may be referred to the Industry Arbitrator by either Party giving, within a further five (5) days, (exclusive of Saturdays, Sundays or Recognized Holidays) written notice to the Industry Arbitrator and to the other Party of its desire to have the matter re-heard by the Industry Arbitrator. The Industry Arbitrator shall proceed with all dispatch to re-hear the matter and to publish an Award. (ii) In the event no such notice shall be given as herein provided, the Summary Disposition shall be deemed to be the Arbitration Award, which shall be final and binding upon the Parties hereto.