Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: (a) an Owner Operator grievance within seven (7) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2 (b); (b) a Company grievance within seven (7) calendar days after the meeting with the Union representative; (c) a Union grievance within seven (7) calendar days after the meeting with the Company's representative. (d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an Arbitration Board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (l) of whom shall be selected from Management and one (l) from the Local Unions. A notice of intent to arbitrate under the foregoing provisions shall contain the name of the aggrieved party's appointee to the Board of Arbitration and within seven (7) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their appointee. A third member to act as Chairman shall be appointed by the respective appointees. Should either party fail to name their appointee within the required seven (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date of their appointment, either party or their appointee shall request the Provincial Minister of Labour to make the appropriate appointment.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
(a) an Owner Operator An employee grievance within seven fourteen (714) calendar days after the General Area Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2 (b6.2(b);
(b) a A Company grievance within seven fourteen (714) calendar days after the meeting with the Union representative;
(c) a A Union grievance within seven fourteen (714) calendar days after the meeting with the Company's representative.
(d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an Arbitration Board a single Arbitrator as outlined below. .
e) Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving either party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Committee Panel established for this purpose by the Company and by the Local UnionsUnion. The Ontario Joint Grievance Committee Panel will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration single Arbitrator established under the following provisions. The Ontario Joint Grievance Committee Panel shall be comprised of two (2) persons, one (l1) of whom shall be selected from Management management and one (l1) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn;
f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing.
g) A notice of intent to arbitrate under the foregoing provisions provision shall contain the name of the aggrieved party's appointee to the Board of Arbitration and within ’s proposed Arbitrator. Within seven (7) calendar days from the receipt of the such notice of intent to arbitrate, the other party must in turn name their appointeeeither agree with the proposed Arbitrator or propose an alternative Arbitrator. A third member to act as Chairman shall be appointed by If the respective appointees. Should either party parties fail to name their appointee agree on the choice of an Arbitrator within the required seven (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date reasonable period of their appointmenttime, either party or their appointee shall may request the Provincial or Federal Minister of Labour to make the appropriate appointmentappoint a single arbitrator.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
(a) an Owner Operator An employee grievance within seven fourteen (714) calendar days after the General Manager or his his/her designate has rendered a decision or failed to render a decision as provided for in Section 6.2 7.2 (b);
(b) a Company A Union grievance within seven fourteen (714) calendar days after the meeting with the Union representativeRepresentative;
(c) a A Union grievance within seven fourteen (714) calendar days after the meeting with the Company's representative.Representative;
(d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an Arbitration Board as outlined below. Before submitting the grievance to arbitration, Arbitration the dispute shall, if requested by the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Company and by the Local UnionsUnion(s). The Joint Grievance Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following foregoing provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (l1) of whom shall be selected from Management and one (l1) from the Local UnionsUnion(s). A notice It is further agreed that the Company and the Local Union(s) shall name only experienced representatives who are engaged in the day to day administration of intent similar Agreements as nominees to arbitrate under the foregoing provisions shall contain Joint Grievance Committee as required. It is understood that in the name selection of the aggrieved party's appointee representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event any Joint Grievance Committee is unable to render a majority decision, the Board of Arbitration and grieving party must within seven fourteen (714) calendar days from the receipt of the notice of intent date the Joint Grievance Committee declares a deadlock, unless they wish to arbitratewithdraw the grievance, the other party must proceed to Arbitration as outlined in turn name their appointee. A third member to act as Chairman shall be appointed by the respective appointees. Should either party fail to name their appointee within the required seven Section 7.5 (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date of their appointment, either party or their appointee shall request the Provincial Minister of Labour to make the appropriate appointment.e);
Appears in 1 contract
Samples: Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
(a) an Owner Operator employee grievance within seven (7) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2 (b);
(b) a Company grievance within seven (7) calendar days after the meeting with the Union representative;
(c) a Union grievance within seven (7) calendar days after the meeting with the Company's representative.
(d) Should should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an Arbitration Board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (l1) of whom shall be selected from Management and one (l1) from the Local Unions. A notice of intent to arbitrate under the foregoing provisions shall contain the name of the aggrieved party's appointee to the Board of Arbitration and within seven (7) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their appointee. A third member to act as Chairman shall be appointed by the respective appointees. Should either party fail to name their appointee within the required seven (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date of their appointment, either party or their appointee shall request the Provincial Federal Minister of Labour to make the appropriate appointment.
Appears in 1 contract
Samples: Collective Agreement