Common use of Referral to Arbitrator Clause in Contracts

Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator, pursuant to Clause 9.2 (Assignment of a Single Arbitrator) within 30 days of receipt of the Employer’s response. The Arbitrator will review the complaint and the Employer’s response. The Arbitrator may make a decision based on these documents and, if they determine that there is no basis for a complaint or if there are insufficient particulars, may dismiss the complaint. Where the Arbitrator determines there is sufficient reason to conduct a mediation/arbitration hearing, the Arbitrator shall hear and determine any dispute between the parties over the interpretation, application, or alleged violation of this clause. Hearings shall be conducted in an expedited, non-precedential basis so as to give those involved a fair hearing. The Arbitrator may admit any evidence deemed necessary or appropriate. The Arbitrator will determine their own process and may:

Referral to Arbitrator. If the response is not acceptable to the complainant or respondent, the Union may refer the matter, in writing, to an arbitrator, pursuant to Clause 9.2 (Assignment of a Single Arbitrator) arbitrator within 30 days of receipt of the Employer’s response. The parties will mutually agree to the appointment of an arbitrator. The Arbitrator will review the complaint and the Employer’s response. The Arbitrator may make a decision based on these documents and, if they determine that there is no basis for a complaint or if there are insufficient particulars, may dismiss the complaint. Where the Arbitrator determines there is sufficient reason to conduct a mediation/arbitration hearing, the Arbitrator shall hear and determine any dispute between the parties over the interpretation, application, or alleged violation of this clause. Hearings shall be conducted in an expedited, non-precedential basis so as to give those involved a fair hearing. The Arbitrator may admit any evidence deemed necessary or appropriate. The Arbitrator will determine their own process and may: