Stage III. 5.2.3.1 If the grievance is not resolved at Stage II, the grievance may be referred by either party to this Agreement to the President of the Union or his/her delegate and to the President or his/her delegate who shall endeavour to settle the grievance. If such reference is made, the referring party shall present to them a statement in writing setting out what the party considers the grievance to be. This stage shall not exceed seven (7) calendar days and shall conclude with a brief written statement or statements of position.
5.2.3.2 For the purposes of Stage III, the referral must be initiated by the Union on behalf of the employee.
Stage III. Should no settlement have occurred, the difference may be referred by the grieving party to an Arbitration Board for final and conclusive settlement.
Stage III. 12.5.1 Should no settlement be made, the difference may be referred by the grieving party (either the Association or the College) to a single arbitrator whose decision shall be final and binding and enforceable on all parties. Each party shall pay its own expenses and costs of arbitration and one-half of the compensation and expenses of the arbitrator.
12.5.2 Notwithstanding the foregoing, the College and the Association may, by mutual consent, waive the provision to refer the grievance to a single arbitrator and elect to take the grievance to an Arbitration Board for final and conclusive settlement. The Arbitration Board shall consist of 3 members. One member is to be appointed by the Association and one member by the College. The third member, who will be the Chair, will be appointed by the other 2. Failing agreement by them within 7 working days, either party may apply to the Minister of Labour to make such appointment. The decision of the arbitrators, or any 2 of them, made in writing, shall be final and binding on both parties. Each party shall pay: its own expenses and costs of arbitration; the remuneration and disbursements of its appointee to the Arbitration Board and one-half of the compensation and expenses of the Chair and of stenographic and other expenses of the Arbitration Board.
12.5.3 The arbitration decision shall be made and transmitted to both parties within 15 working days from the date of the appointment of the arbitrator/Arbitration Board Chair.
Stage III. If a resolution is not achieved in Stage II the grievance may be referred by the Association to the College President within five (5) working days from the date of the Vice President’s response in Stage II. The parties will endeavour to resolve the matter at this stage. The President shall render his/her decision within ten (10) working days.
Stage III. Failing resolution of the differences or dispute at Stage II, the matter may be referred to a Board of Arbitration constituted under the provisions of the Labour Relations Code. Arbitration proceedings may only be initiated by the grievor and must be commenced within sixty (60) calendar days after failure of settlement at Stage II. The said Board shall consist of a single arbitrator who shall be agreed to by both Parties, or failing agreement to be appointed by the Minister of Labour at the request of the Parties to the Agreement. The decision of the Board of Arbitration shall be final and binding on both Parties. Each Party shall pay one-half (1/2) of the fees and expenses of the Board of Arbitration. The Board of Arbitration shall complete its sitting and hand down its award within thirty (30) days of its appointment, except that this time may be extended with the mutual consent of the Employer and the Local Union. The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions thereof, and in reaching its decision it shall be bound by the terms and conditions of this Agreement.
Stage III. A. In the event that the aggrieved is not satisfied with the determination arrived at in Stage II, the Grievance Chairperson shall file a petition to the Board within ten (10) working days from the receipt of notification of the Stage II determination, and he/she shall subsequently deliver a copy of the petition to the secretary of the Board. Failure to file a petition to the Board within ten (10) working days shall be deemed to constitute an abandonment of the grievance and an assent to the Stage II determination.
B. The Board petition to be filed with the Board secretary shall contain at least the following:
1. An incorporation by reference of the Stage II petition and answer, copies of which shall be delivered to the Board secretary.
2. The date upon which the aggrieved was informed of the Stage II determination.
3. Any additional matters not otherwise set forth in the Stage II petition which the aggrieved wishes to call to the attention of the Board.
4. A description of the action requested to be taken or the relief requested to be granted by or from the Board.
5. The signature of the aggrieved shall constitute a certification of the above delineated items.
C. Promptly after the filing of the petition, the superintendent shall prepare a full and complete written report of his/her findings and determination made at the Stage II level, if one has not been previously prepared, and he/she shall file the findings with the Board and deliver a copy to the Grievance Chairperson.
D. Thereafter, the Board shall proceed to hear the matter as promptly as possible. The hearing shall be based upon the filed documents aforementioned, unless the Grievance Chairperson or the Stage II administrator requests the Board to schedule a hearing date for the presentation of other matters, in which event the Board shall do so. The Board shall then render its determination of the issue or issues presented by the grievance within fifteen (15) working days from the date of the filing of all papers or, in the case of a scheduled hearing, within fifteen (15) working days from the conclusion of the hearing.
E. Initially, the Board's determination may be rendered orally; finally, the determination must be rendered in writing to the parties involved.
Stage III. Failing a satisfactory solution at Stage II, the Union may, within five (5) working days of the Company response at Stage II, give written notice that the grievance is advanced to the General Manager. The General Manager or his designate along with the supervisory staff concerned and a representative of the Employee Relations Department, shall within ten (10) working days of receipt of such notification meet with the employee and the Union to discuss the grievance. The General Manager or his designate shall give his decision in writing within five (5) working days of the Stage III meeting. For purposes of this stage, the “Union” shall mean up to four members of the Union, including the Member Representative or designate.
Stage III. In the event that the grievance is not settled under stage II, it shall be referred to the Employer or his representative and the Union Committee accompanied by the Union President or his representative within (30) days from the date of the decision under stage II. A decision shall be rendered in writing within fifteen (15) days or within such further time as may be mutually agreed. If no decision is rendered within such time period, the grievance shall proceed to stage IV.
Stage III. In the event that the grievance is not settled in the above manner, it shall be referred to the General Manager of the Company or his Representative and a Union Committee accompanied by the Union President or his Representative within (30) days from the date of the decision under paragraph 8.04 above.
Stage III. If the grievant is not satisfied with the decision at Stage II, or if no decision has been rendered within ten (10) days of the Stage II hearing, then the grievance may be referred to the Board. Within ten (10) days of the receipt of an appeal, the Board will arrange for a hearing with the grievant or the Association to take place. Within five (5) days after the conclusion of the hearing, the Board shall provide its decision, together with the rationale for the decision, in writing to the grievant.
