Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable arbitrator/Board of Arbitration who shall have all the powers described in Part 1 of the Canada Labour Code.
Powers of an Arbitrator. The decision of the Arbitrator shall be made within ten (IO) working days of the conclusion of the hearings, or such longer periods as may be allowed by mutual agreement of the parties. The decision of the Arbitrator shall be final and binding. The Arbitrator shall establish his own rules of procedure but shall give full opportunity to the parties to present evidence and make representations, and to afford the opposing party adequate opportunity to cross-examine witnesses. The expenses and compensation of the Arbitrator shall be borne by the parties, by dividing the cost equally.
Powers of an Arbitrator. (1) The arbitrator shall have the following general powers:
(a) To determine whether there has been a breach of this Agreement.
(b) To make any appropriate award that gives effect to the Collective Agreement and to ensure compliance therewith.
(c) To determine the appropriate form of and the procedure to be followed at the arbitration proceedings.
(d) To make any order as to costs that he deems appropriate.
(2) The arbitrator shall have the power to make an award in the absence of a party who is alleged to have breached the Agreement, if-
(a) such party fails to appear in person or to be represented at the arbitration proceedings;
(b) proof is presented that such party has been notified of the proceedings: Provided that notice of the arbitration proceedings shall be deemed to have been given if proof is presented that written notification has been forwarded to such party-
(i) by registered mail to such party's last-known address and 14 days have elapsed since such notification has been mailed; or
(ii) by fax transmission to such party's last-known fax number; or
(iii) by hand delivery to such party's last-known business or residential address; or
(iv) an electronic mail has been sent to such party
(c) prima facie evidence has been presented to the arbitrator that the party in question has failed to comply with this Agreement.
(3) The arbitrator shall have the power to vary, rescind or amend any arbitration award made by him or any arbitrator . The arbitrator shall have this power if-
(a) the award was erroneously sought or erroneously made in the absence of any party affected by the award;
(b) the award is ambiguous or contains on obvious error or omission, but only to the effect of that ambiguity, error or omission;
(c) the award was granted as a result of a mistake common the parties to the proceedings. (d)
(4) If the arbitrator finds that any party to the dispute has failed to comply with a provision of any of the Council's Collective Agreements which are binding on that party, then the arbitrator shall, in addition to any other appropriate order, impose a fine on the non-compliant party in accordance with clause 52.
Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable of arbitration who shall have all the powers described in Part of the Canada Labour Code. Cost of Arbitration In respect of the cost of arbitration of grievances, the parties shall share equally the fee and expenses of the sole Arbitrator or the Chair of the Arbitration Board and, where applicable, each shall be responsible for the expenses of their respective nominee to the Board of Arbitration. The parties will agree to a list of arbitrators for each geographical area to whom grievances may be referred. This list shall be reviewed at the mid-point of the Collective Agreement and may be amended by mutual agreement. Each party will alternate in selecting an arbitrator to sit as a sole arbitrator or as a chair of the Arbitration Board from the appropriate list. In the event that the arbitrator selected by a party is unable to hear the grievance within ninety (90) days of the referral to arbitration, the party having made the selection may choose another arbitrator from the list.
Powers of an Arbitrator. A grievance referred to arbitration shall be determined by a mutually acceptable of arbitration who shall have all the powers described in Part of the Canada Labour Code. Cost of Arbitration In respect of the cost of arbitration of grievances, the parties shall share equally the fee and expenses of the sole Arbitrator or the Chair of the Arbitration Board and, where applicable, each party shall be responsible for the expenses of their respective nominee to the Board of Arbitration.