S tep III Sample Clauses

S tep III. If a grievance still remains unsettled, the Association may (within ten

S tep III. Within ten (10) days after receipt of the decision, or failing a reply within twenty-six (26) days of submitting the grievance at Step II, the Association shall notify the Chairperson of the Board and the Superintendent of Human Resources Services by letter of its desire to proceed to arbitration. Within five (5) days after notification by the Association to the Board of a decision to proceed to Arbitration, each party will appoint a nominee to an Arbitration Board and advise the other party in writing of the name of its nominee. The two nominated arbitrators shall confer and determine if the grievance can be resolved. Failing resolution they shall appoint a chairperson within five (5) days of their appointment. In the event of default by either party in nominating its representative to the Arbitration Board, the other party may apply to the Labour Relations Board who shall have the power to effect such appointment. Each of the parties shall bear the expense of the arbitrator nominated by it and the parties shall jointly bear the expense of the Chairperson. The Arbitrators shall not have the power to alter or change any of the provisions of the Collective Agreement, or to give any decisions inconsistent with the terms and provisions of said agreement and/or any provincial statutes or regulations. All parties involved shall expedite the proceedings of the Arbitration Board. The decision of the majority of the Board shall then be final and binding on all parties. If there is no majority decision of the Board, then the decision of the Chairperson shall be final and binding. Where the parties mutually agree, the grievance may be referred to Mediation/Arbitration in accordance with Section 50 of the Ontario Labour Relations Act. An Arbitration Board shall not consider a grievance unless it has been properly carried through all previous steps of the grievance procedure, or unless the party opposing the grievance has refused to participate in the earlier stages of the grievance procedure. After Step II, any actions taken by mutual consent to expedite the grievance procedure are encouraged. Any steps in these procedures expedited or by-passed by written consent between the parties shall be considered to have been carried out. Notwithstanding the above, the parties may mutually agree to a sole arbitrator to hear the grievance.