Selection of the Arbitrator a) Arbitration shall be by a single arbitrator.
b) The central parties shall select a mutually agreed upon arbitrator.
c) The central parties may refer multiple grievances to a single arbitrator.
d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator.
e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.
Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.
Xxxxxx of the Arbitrator It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement.
1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement.
2. The arbitrator shall have no power to rule on any of the following:
a. Actions taken by the Employer with respect to probationary employees including, but not limited to, discipline and discharge.
b. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law.
c. Any matter involving the content of an employee evaluation.
3. He/she shall have no power to change any practice, policy, or rule of the Employer nor to substitute his/her judgment for that of the Employer as to the reasonableness of any such practice, policy, rule, or any action taken by the Employer. His/her power shall be limited to deciding whether the Employer has violated the express articles or sections of this Agreement; and he/she shall not imply obligations and conditions binding upon the Employer from this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Employer.
4. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision, an arbitrator shall give due regard to the responsibility of management and shall so construe the Agreement that there will be no interference with such responsibilities, except as they may be specifically conditioned by this Agreement.
5. If either party disputes the arbitrability of any grievance under the terms of this Agreement, the arbitrator shall first determine the arbitrability of said dispute. By stipulation of the parties, the Arbitrator shall have the authority to concurrently hear both the jurisdictional issues and the merits of the dispute in the same proceeding. Should the Arbitrator determine that he/she is without jurisdiction to rule, the matter shall be dismissed without decision on the merits. Submission of jurisdictional issues to the Arbitrator shall not be regarded as a waiver by either party of its right to institute civil litigation contesting either the authority of the Arbitrator or any award allegedly rendered in excess of such authority.
6. There shall be no appeal from the arbitrator’s decision if within the scope of his/her authority as set forth above. It shall be final and binding on the Association, its members, the employee or employees involved and the Employer. Any litigation to vacate or enforce the Arbitrator’s decision must be initiated within six (6) months of the issuance of the Opinion and Award.
7. The fees and expenses of the arbitrator shall be shared equally by the Association and the Employer.
Selecting an Arbitrator The parties will select an arbitrator by mutual agreement or by alternately striking names supplied by the AAA, and will follow the Labor Arbitration Rules of the AAA unless they agree otherwise in writing.
Expenses of the Arbitrator The fees and expenses of the arbitrator and any other common expenses shall be shared equally by both parties.
Appointment of the Arbitrator When a Party has requested that a grievance be submitted to arbitration, an Arbitrator shall be selected from the agreed upon list outlined in Appendix B.
Jurisdiction of the Arbitrator The arbitrator shall have no power to alter, add to, subtract from the terms of this Agreement. The arbitrator's decision will be based upon the specific provisions of this Agreement. This arbitration provision shall be for grievances only.
Costs of the Arbitration Each party is responsible for its own attorney, expert, and other costs and fees unless applicable law requires otherwise. Each party is also responsible for one-half of any costs and fees charged by the arbitration organization and arbitrator(s) to administer the arbitration to the maximum extent permitted by law or rule. Where permissible by law, the prevailing party may be required to reimburse the other party for the costs and fees of the arbitration organization and arbitrator(s) in whole or in part by decision of the arbitrator(s) at the discretion of the arbitrator(s).
Single Arbitrator Either of the parties to this Agreement is, in such event, to notify the other party in writing of its desire to submit the matter in dispute to arbitration and if the recipient of the said notice and the party desiring the arbitration do not, within a period of ten (10) days after the receipt of the said notice, agree upon a single arbitrator the appointment of a single arbitrator shall be made by the Minister of Labour for the Province of Ontario upon the request of either party.
NO ARBITRATION Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.
