Common use of Pre-Arbitration Process Clause in Contracts

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to (h) No lawyers shall be permitted to participate in the JGP proceedings

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may shall be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or /spokesman for the Union, Union or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into in to the matter within ten (10) days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five (5) days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidaysholidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten (10) days (excluding Saturdays, Sundays, and Statutory Holidaysholidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may shall then refer the matter toto Arbitration within ten (10) days (excluding Saturdays, Sundays, and holidays) of the receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to to Arbitration within 10 days (hexcluding Saturdays, Sundays, and Statutory Holidays) No lawyers shall be permitted to participate in of receipt of the JGP proceedingsrecommendations.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served.serve (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter toto Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings

Appears in 1 contract

Samples: Collective Agreement

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 5 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or /spokesman for the Union, Union or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter toto Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings 13.05 If the grievance is not concluded pursuant to Clause l3.03, within five (5) working days, or pursuant to the pre-arbitration procedure at 13.04, then either of the parties may notify the other party in writing of its desire to submit the difference to arbitration, and the notice shall contain a statement of the difference and the name of the first party's appointee to an arbitration board. The recipient of the notice shall within five (5) working days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5) working days of the appointment of the second appointee, appoint a third person who shall be the chairman. 13.06 If the recipient of the notice fails to appoint an arbitrator with the time limits under Clause l3.05, the appointment shall be made by the Minister of Labour upon the request of either party. If the two appointees fail to agree upon a chairman within the time limit under Clause l3.05, the appointment shall be made by the Minister of Labour upon the request of either party. 13.07 The arbitration board shall hear and determine the difference and shall issue an award in writing and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority is the award of the arbitration board, but if there is no majority, the decision of the chairman governs and it shall be deemed to be the award of the board. 13.08 Each party to the difference shall bear the expense of its respective appointee to the arbitration board and the two parties shall bear equally the expenses of the chairman. 13.09 The arbitration board by its decision shall not alter, amend or change the terms of the Collective Agreement. 13.10 In lieu of this "Arbitration Board" referred to in Articles l3.05 through l3.09, a single arbitrator in accordance with the Alberta Labour Relations Code may be instituted by mutual agreement of the parties.

Appears in 1 contract

Samples: Collective Agreement

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Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter to (h) No lawyers shall be permitted to participate in the JGP proceedings

Appears in 1 contract

Samples: Collective Agreement

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or spokesman for the Union, or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into the matter within ten days (excluding Saturdays, Sundays, and Statutory Holidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten days (excluding Saturdays, Sundays, and Statutory Holidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may then refer the matter toto Arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidays) of receipt of the JGP recommendations. (h) No lawyers shall be permitted to participate in the JGP proceedings

Appears in 1 contract

Samples: Collective Agreement

Pre-Arbitration Process. (a) If a grievance has not been resolved following the preceding steps of the Grievance Procedure, the grievance shall be referred to a Joint Grievance Panel (JGP), unless one of the parties to the grievance serves notice of an intention to bypass the JGP in favour of referring the matter directly to arbitration. (b) In the event a party serves notice of an intention to bypass the Joint Grievance Panel, the matter may shall be referred to arbitration within 10 days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of such notice being served. (c) Such Joint Grievance Panel will consist of two appointees of the Employer and two appointees of the Union. No person shall be appointed who has a direct personal interest in the subject matter of the grievance, and/or has had a direct personal involvement in earlier attempts to settle the grievance. No representative of, or /spokesman for the Union, Union or for the subject Registered Employers’ Organization shall be appointed. (d) The Joint Grievance Panel shall hold a hearing into in to the matter within ten (10) days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of being appointed and shall issue their recommendation forthwith, but in any event within three days (excluding Saturdays, Sundays, and Statutory Holidaysholidays) of the date the hearing was held. (e) Each of the parties shall advise the other, within five (5) days of receipt of the recommendation (excluding Saturdays, Sundays, and Statutory Holidaysholidays), as to whether they accept or reject the recommendation. (f) In the event the parties to the grievance accept the recommendation of the JGP, the grievance shall accordingly be resolved, and the parties shall implement the recommendation within ten (10) days (excluding Saturdays, Sundays, and Statutory Holidaysholidays), or in any event in accordance with such other implementation schedule as may be included in the JGP recommendations. (g) In the event either Party determines that it is not prepared to accept the recommendation of the JGP, either Party may shall then refer the matter to (h) No lawyers shall be permitted to participate in the JGP proceedings.

Appears in 1 contract

Samples: Collective Agreement

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