Common use of Selection of an Arbitrator Clause in Contracts

Selection of an Arbitrator. 15.01 If the Union and Co-operative cannot reach a settlement, then at the request of either party, the grievance shall be submitted to an Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten (10) calendar days in respect of the selection of an Arbitrator by the parties involved in the dispute, the matter shall be referred to the Manitoba Labour Board, who shall appoint an Arbitrator. 15.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute. 15.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 15.07 It is agreed that the expenses of the Arbitrator shall be borne equally by the Co-operative and the Union.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Selection of an Arbitrator. 15.01 30.01 If the Union and Co-operative the Employer cannot reach a settlementan agreement, then at the upon request of either party, the grievance shall be submitted to an a single Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement Agreement cannot be reached within ten seven (107) calendar days in respect of to the selection of an Arbitrator by the parties involved in the disputeinvolved, the matter shall be referred to the Manitoba Labour Board, Board who shall appoint an said Arbitrator. No Arbitrator will be deemed willing to act unless they are willing to convene a hearing within twenty-eight (28) calendar days of their appointment. 15.02 30.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 30.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that Agreement and shall render their decision within thirty (30) calendar days from the last day of the hearing. 30.04 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining determination of a subject matter not covered by or arising during the term of this Agreement. 15.05 30.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s Employer's action or to reinstate the employee with full, part or no full back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 30.06 The findings and decision of the Arbitrator, on all arbitrable questions, shall be binding and enforceable on all parties involved. 30.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations operations, as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 15.07 It is agreed that the 30.08 The expenses and fee of the Arbitrator shall be borne equally by the Co-operative and parties to the Unionarbitration proceedings. 30.09 Single Arbitrators agreed to: • Xxxxxx Xxxxxxxxx • Xxxxx Xxxxx • Xxxx Xxxxxx • Xxxxx Xxxxx

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Selection of an Arbitrator. 15.01 If the Union and Co-operative cannot reach a settlementsettlement as per Article 14, then at the request of either party, the grievance shall be submitted to an Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten (10) calendar days in respect of the selection of an Arbitrator by the parties involved in the dispute, the matter shall be referred to the Manitoba Labour Board, who shall appoint an Arbitrator. 15.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute. 15.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer offer, and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions decision of the Arbitrator on all arbitrable questions shall be final, enforceable final and binding upon all parties concerned. In reaching a decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator shall is not be vested with the power to change, modify or alter this Agreement in any of the terms of this Agreementits parts. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted The Arbitrator shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary endeavour to any provisions hand down their decision within thirty (30) calendar days of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreementarbitration. 15.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 15.07 15.06 It is agreed that the expenses of the Arbitrator shall be borne equally by the Co-operative and the Union.

Appears in 3 contracts

Samples: Union Collective Agreement, Collective Agreement, Collective Agreement

Selection of an Arbitrator. 15.01 14.01 If the Union and Co-operative the Company cannot reach a settlement, then at the upon request of either party, party the grievance shall be submitted to an Arbitrator. The parties shall attempt select a mutually acceptable person to agree upon the appointment of act as an Arbitrator to hear and determine the matters in disputeArbitrator. If agreement cannot be reached on the appointment of an Arbitrator within ten seven (107) calendar days in respect of the selection of an Arbitrator by or a longer period mutually agreed upon, the parties involved in the dispute, the matter shall be referred to then request the Manitoba Labour Board, who shall Board to appoint an Arbitrator. The Arbitrator shall not be deemed to be willing to act unless they are in a position to convene a hearing within twenty-eight (28) days from the date of their selection. The decision of the Arbitrator shall be given within a period of twenty- one (21) days after the closing of the arbitration hearing. 15.02 14.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 14.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the . 14.04 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 14.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operativeCompany’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 14.06 The findings and decisions of the Arbitrator shall be binding and enforceable on all parties involved. 14.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 14.08 The expenses and fees of the Arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. 14.09 At the request of either party, the Company and the Union agree that at any time prior to the hearing date for an Arbitration they may voluntarily agree to use a mutually acceptable Mediator in their attempts to resolve the grievance. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept their suggested settlement to the matter in dispute. All expenses and fees that may be incurred by such Mediator shall be borne equally by the Company and the Union. Unless otherwise mutually agreed to between the Company and the Union, this procedure may only be used in situations where grievance mediation services are not available through provincial legislation.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Selection of an Arbitrator. 15.01 28.01 If the Union and Co-operative the Employer cannot reach a settlement, then at the request of either party, the grievance shall be submitted to an Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten seven (107) calendar days in respect of to the selection of an Arbitrator by the parties involved in the disputeinvolved, the matter shall be referred to the Manitoba Labour Board, Board who shall appoint an Arbitratorarbitrator. 15.02 28.02 Unless otherwise mutually agreed to between the Union and the Employer, an Arbitrator must hear and determine all matters in dispute within sixty (60) calendar days of their appointment. 28.03 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 28.04 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem they deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the . 28.05 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 28.06 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 28.07 The findings and decisions of the Arbitrator shall be binding and enforceable on all parties involved. 28.08 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any the grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 28.09 The expenses and fees of the Arbitrator shall be borne equally by the Co-operative and parties to the Unionarbitration proceedings.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Selection of an Arbitrator. 15.01 13.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxxx Xxxx Xxxxx Xxxxxxxx Xxxxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in his turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act he shall not again be requested to act as the appointment arbitrator until his name comes up again on the regular rotation of an Arbitrator to hear and determine the matters in disputepanel. If agreement canThe arbitrator shall not be reached deemed to be willing to act unless he is in the position to convene the hearing within ten twenty-eight (1028) calendar days in respect from the date of his selection. Should any arbitrator listed above not be willing to convene a hearing within twenty-eight (28) days from the selection date of an Arbitrator by selection, the parties involved in the dispute, the matter shall be referred to may request the Manitoba Labour Board, who shall Board appoint an Arbitratorarbitrator who is willing to convene a hearing within twenty- eight (28) days of their selection. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 15.02 13.02 The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 13.03 The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . 13.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 13.05 In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem s/he deems equitable. 15.06 13.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 13.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 13.08 The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. 13.09 The parties, by mutual consent, may refer any matter to a three member arbitration board, consisting of one (1) nominee of each party and a chairperson, who shall be the Unionnext arbitrator from the panel named in Article 13.01.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Selection of an Arbitrator. 15.01 29.01 If the Union and the Co-operative cannot reach a settlement, then at the request of either partyparty as per Article 28, the grievance shall be submitted to an Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten seven (107) calendar days in respect of to the selection of an Arbitrator by the parties involved in the disputeinvolved, the matter shall be referred to the Manitoba Labour Board, Board who shall appoint an Arbitratorarbitrator. 15.02 29.02 Unless otherwise mutually agreed to between the Union and the Co- operative, an Arbitrator must hear and determine all matters in dispute within sixty (60) calendar days of their appointment. 29.03 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 29.04 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem they deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the . 29.05 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 29.06 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 29.07 The findings and decisions of the Arbitrator shall be binding and enforceable on all parties involved. 29.08 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any the grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 29.09 The expenses and fees of the Arbitrator shall be borne equally by the Co-operative and parties to the Unionarbitration proceedings.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 25.01 If the Union and Co-operative the Employer cannot reach a settlementan agreement, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxxx Xxxxx Xxxxx Xxxx If any individual of the above noted panel, who has been requested in their turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act they shall not again be requested to act as the appointment arbitrator until their name comes up again on the regular rotation of an Arbitrator the panel. The arbitrator shall not be deemed to hear and determine be willing to act unless they are in the matters in disputeposition to convene the hearing within twenty-eight (28) days from the date of their selection. If agreement cannot be reached within ten (10) calendar days in respect none of the selection of an Arbitrator by above noted arbitrators is prepared to have the parties involved in the disputehearing within this time period, the matter shall be referred to the Manitoba Labour Board, Board who shall will appoint an Arbitratorarbitrator willing to hear the matter within twenty-eight (28) days. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 15.02 25.02 The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 25.03 The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . 25.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 25.05 In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 25.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 25.07 It is the intention of the parties that this Article section shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 25.08 The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative and parties to the Unionarbitration proceedings.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Selection of an Arbitrator. 15.01 14.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, party the grievance shall be submitted to an Arbitrator. The parties shall attempt select a mutually acceptable person to agree upon the appointment of act as an Arbitrator to hear and determine the matters in disputeArbitrator. If agreement cannot be reached on the appointment of an Arbitrator within ten seven (107) calendar days in respect of the selection of an Arbitrator by or a longer period mutually agreed upon, the parties involved in the dispute, the matter shall be referred to then request the Manitoba Labour Board, who shall Board to appoint an Arbitrator. The Arbitrator shall not be deemed to be willing to act unless they are in a position to convene a hearing within twenty-eight (28) days from the date of their selection. The decision of the Arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 15.02 14.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 14.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the . 14.04 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 14.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operativeCompany’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 14.06 The findings and decisions of the Arbitrator shall be binding and enforceable on all parties involved. 14.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 14.08 The expenses and fees of the Arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. 14.09 In the interest of settling a grievance prior to an arbitration hearing, the parties may mutually request the assistance of a grievance Mediator from the Province of Manitoba Conciliation Services. In the event the costs of the Mediator are not borne by the Province of Manitoba, the expenses and fees of the UnionMediator shall be borne equally by the parties to the arbitration proceedings.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 8.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxx Xxxxx Xxxxxxx Xxxxx If any individual of the above noted panel, who has been requested in his/her turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act s/he shall not again be requested to act as the appointment arbitrator until his/her name comes up again on the regular rotation of an Arbitrator to hear and determine the matters in disputepanel. If agreement canThe arbitrator shall not be reached deemed to be willing to act unless s/he is in the position to convene the hearing within ten twenty-eight (1028) calendar days in respect from the date of his/her selection. The decision of the selection of an Arbitrator by the parties involved in the dispute, the matter arbitrator shall be referred to given within a period of twenty-one (21) days after the Manitoba Labour Board, who shall appoint an Arbitratorclosing of the arbitration hearing. 15.02 (a) The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 (b) The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem s/he deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a his/her decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . (c) The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 (d) In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem s/he deems equitable. 15.06 (e) The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. (f) It is the intention of the parties that this Article section shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the (g) The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. (h) In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services, so long as the cost is borne by the Province of Manitoba. If the cost will not be borne by the Province of Manitoba, the parties may by mutual agreement, request a mediator and the Unionexpenses and fees of the mediator shall be borne equally by the parties.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Selection of an Arbitrator. 15.01 13.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxxx XxXxxxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxxx If any individual of the above noted panel, who has been requested in his turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act he shall not again be requested to act as the appointment arbitrator until his name comes up again on the regular rotation of an Arbitrator to hear and determine the matters in disputepanel. If agreement canThe arbitrator shall not be reached deemed to be willing to act unless he is in the position to convene the hearing within ten twenty-eight (1028) calendar days in respect from the date of his selection. Should any arbitrator listed above not be willing to convene a hearing within twenty-eight (28) days from the selection date of an Arbitrator by selection, the parties involved in the dispute, the matter shall be referred to may request the Manitoba Labour Board, who shall Board appoint an Arbitratorarbitrator who is willing to convene a hearing within twenty- eight (28) days of their selection. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 15.02 13.02 The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 13.03 The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . 13.04 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 13.05 In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem s/he deems equitable. 15.06 13.06 The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. 13.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the 13.08 The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. 13.09 The parties, by mutual consent, may refer any matter to a three member arbitration board, consisting of one (1) nominee of each party and a chairperson, who shall be the Unionnext arbitrator from the panel named in Article 13.01.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 8.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxxxxx Xxxxx If any individual of the above noted panel, who has been requested in his/her turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act s/he shall not again be requested to act as the appointment arbitrator until his/her name comes up again on the regular rotation of an Arbitrator to hear and determine the matters in disputepanel. If agreement canThe arbitrator shall not be reached deemed to be willing to act unless s/he is in the position to convene the hearing within ten twenty-eight (1028) calendar days in respect from the date of his/her selection. The decision of the selection of an Arbitrator by the parties involved in the dispute, the matter arbitrator shall be referred to given within a period of twenty-one (21) days after the Manitoba Labour Board, who shall appoint an Arbitratorclosing of the arbitration hearing. 15.02 (a) The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 (b) The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem s/he deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a his/her decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . (c) The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 (d) In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem s/he deems equitable. 15.06 (e) The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. (f) It is the intention of the parties that this Article section shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the (g) The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. (h) In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services, so long as the cost is borne by the Province of Manitoba. If the cost will not be borne by the Province of Manitoba, the parties may by mutual agreement, request a mediator and the Unionexpenses and fees of the mediator shall be borne equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 29.01 If a grievance is not resolved under the Union and Co-operative cannot reach a settlement, grievance procedure then at the upon request of either party, the grievance shall be submitted to an Arbitrator, who shall be chosen in rotation starting from the top of the following list: (1) Xxxxx Xxxxx (2) Xxxxx Xxxx 29.02 An arbitrator referred to above, who has been requested to act as the arbitrator when the grievance is withdrawn or resolved by the parties, shall act as the arbitrator on the subsequent arbitration. The parties shall attempt Should the arbitrators referred to agree upon the appointment of an Arbitrator above be unable or unwilling to hear and determine the matters in dispute. If agreement cannot be reached convene a hearing within ten forty-five (1045) calendar days in respect of their appointment, either party to the selection of an Arbitrator by the parties involved in the dispute, the matter shall be referred arbitration may at that time proceed to the Manitoba Labour Board, Board to have another arbitrator appointed who shall appoint an Arbitratorcan meet the forty-five (45) calendar day requirement. 15.02 29.03 The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 29.04 The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem he or she deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a decision, the Arbitrator arbitrator shall be solely governed by the provisions of this Agreement. It is distinctly understood that Agreement and shall render a decision within thirty (30) calendar days from the Arbitrator last day of the hearing. 29.05 The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall must present an arbitrable issue under this Agreement and shall not depend on or involve an any issue or contention by either party that which is contrary to any provisions provision of this Agreement, or which involves the determining determination of a subject matter not covered by or arising during the term of this Agreement. 15.05 29.06 In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem he or she deems equitable. 15.06 It is the intention 29.07 The decision of the parties that this Article shall provide a peaceful method of adjusting all grievances so that there arbitrator shall be no suspension or interruption of normal operations as a result of final and binding on both parties and on any grievancesemployee affected by it. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 15.07 It is agreed that the arbitrator's expenses of the Arbitrator shall be borne equally one half by the Co-operative Employer and one half by the Union. 29.08 The time limits fixed in the arbitration procedure may be extended by written agreement by the parties.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 8.01 If the Union and Co-operative the Company cannot reach a settlementan adjustment, then at the upon request of either party, the grievance shall be submitted to an Arbitratorarbitrator. The parties arbitrator herein set forth on a rotating basis: Xxxxx Xxxxxxxx Xxxxx Xxxxxx Xxxxxx Xxxxxxxxx If any individual of the above noted panel, who has been requested in his/her turn to act as an arbitrator, shall attempt be unable or unwilling to agree upon act s/he shall not again be requested to act as the appointment arbitrator until his/her name comes up again on the regular rotation of an Arbitrator to hear and determine the matters in disputepanel. If agreement canThe arbitrator shall not be reached deemed to be willing to act unless s/he is in the position to convene the hearing within ten twenty-eight (1028) calendar days in respect from the date of his/her selection. The decision of the selection of an Arbitrator by the parties involved in the dispute, the matter arbitrator shall be referred to given within a period of twenty- one (21) days after the Manitoba Labour Board, who shall appoint an Arbitratorclosing of the arbitration hearing. 15.02 (a) The person selected as Arbitrator arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 (b) The Arbitrator arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem s/he deems essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a his/her decision, the Arbitrator arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator . (c) The arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement Agreement, and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 15.05 (d) In the event of termination, discharge or suspension of an employee, the Arbitrator arbitrator shall have the right to sustain the Co-operative’s Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem s/he deems equitable. 15.06 (e) The findings and decisions of the arbitrator shall be binding and enforceable on all parties involved. (f) It is the intention of the parties that this Article section shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this ArticleAgreement. 15.07 It is agreed that the (g) The expenses and fees of the Arbitrator arbitrator shall be borne equally by the Co-operative parties to the arbitration proceedings. (h) In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services, so long as the cost is borne by the Province of Manitoba. If the cost will not be borne by the Province of Manitoba, the parties may by mutual agreement, request a mediator and the Unionexpenses and fees of the mediator shall be borne equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

Selection of an Arbitrator. 15.01 30.01 If the Union and Co-operative the Employer cannot reach a settlementan agreement, then at the upon request of either party, the grievance shall be submitted to an a single Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement Agreement cannot be reached within ten seven (107) calendar days in respect of to the selection of an Arbitrator by the parties involved in the disputeinvolved, the matter shall be referred to the Manitoba Labour Board, Board who shall appoint an said Arbitrator. 15.02 30.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration consideration, or be a person who has a personal or financial interest in either party to the dispute. 15.03 30.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. 15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a their decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that Agreement and shall render their decision within thirty (30) calendar days from the last day of the hearing. 30.04 The Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that which is contrary to any provisions of this Agreement, or which involves the determining determination of a subject matter not covered by or arising during the term of this Agreement. 15.05 30.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s Employer's action or to reinstate the employee with full, part or no full back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 15.06 30.06 The findings and decision of the Arbitrator, on all arbitrable questions, shall be binding and enforceable on all parties involved. 30.07 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances grievances, so that there shall be no suspension or interruption of normal operations operations, as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 15.07 It is agreed that the 30.08 The expenses and fee of the Arbitrator shall be borne equally by the Co-operative and parties to the Unionarbitration proceedings.

Appears in 1 contract

Samples: Collective Agreement

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