Common use of Stage Three Clause in Contracts

Stage Three. The Arbitration Phase If the Union chooses to refer the grievance to arbitration, the Union shall notify the Company, in writing, of its: a) Appointee to the arbitration board and/or b) Willingness to choose a single arbitrator c) The nature of the grievance, the clause or clauses of this Agreement upon which the grievance is based and the remedy requested. d) Within five (5) working days after receipt of notification as provided in 14.05, the Company receiving notice shall: i) advise the Union of its appointee to the arbitration board or, ii) Advise that it is willing to accept a single arbitrator. If so, both the parties will endeavour to mutually agree upon a person to act in such capacity. e) If the parties fail to appoint their respective members within the time limits specified above (14.06 a) or 14.06 b)), appointment shall be made by the Provincial Minister responsible for Labour Issues upon the request of either party. f) Where each party has established an appointee to a board of arbitration, the appointees shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the chair. If the two (2) appointees are unable to agree upon the choice of a chair within the time limit specified, they shall request the Provincial Minister responsible for Labour issues to appoint a chair. g) If the single arbitrator, either member of the arbitration board, or the chair thereof, refuses to act or is or becomes incapable of acting, a new single arbitrator, new board member or chair shall be appointed in accordance with the above procedure within five (5) working days of receipt of notice of inability or unwillingness to act. If either party fails to appoint an alternate member or if the members fail to agree upon a chair, the appointment shall be made by the Provincial Minister responsible for Labour issues upon the request of either party. h) Each party appointing a member shall bear the expense of its member and shall bear one-half (½) of the expenses of the chair of the arbitration board, or single arbitrator. i) No person shall be appointed as a member or chair of an arbitration board if the person is directly affected by the difference, or if the person has been involved in an attempt to negotiate or settle the difference. j) The arbitration board or single arbitrator shall hear and determine the grievance and shall issue an award in writing. In the case of an arbitration board, the decision of the majority is the award of the arbitration board, but if there is no majority, the decision of the chair shall be the award of the arbitration board. The decision of the arbitration board or the single arbitrator is final and binding upon the parties. k) The arbitration board or single arbitrator may quash, confirm or vary any action taken respecting suspension, discipline or discharge. l) The grievance arbitration board or single arbitrator, by its decision, shall not alter, amend or change the terms of the Collective Agreement. The grievance arbitration board shall endeavour to issue its award no later than sixty (60) calendar days from the conclusion of the hearing. Where both parties agree, the time limits may be extended.

Stage Three. The Arbitration Phase If the Union chooses to refer the grievance to arbitration, the Union shall notify the Company, in writing, of its: a) Appointee to the arbitration board and/or b) Willingness to choose a single arbitrator c) The nature of the grievance, the clause or clauses of this Agreement upon which the grievance is based and the remedy requested. d) Within five (5) working days after receipt of notification as provided in 14.05, the Company receiving notice shall: i) advise the Union of its appointee to the arbitration board or, ii) Advise that it is willing to accept a single arbitrator. If so, both the parties will endeavour to mutually agree upon a person to act in such capacity. e) If the parties fail to appoint their respective members within the time limits specified above (14.06 a) or 14.06 b)), appointment shall be made by the Provincial Minister responsible for Labour Issues upon the request of either party. f) 2013 – 2015 EPC Where each party has established an appointee to a board of arbitration, the appointees shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the chair. If the two (2) appointees are unable to agree upon the choice of a chair within the time limit specified, they shall request the Provincial Minister responsible for Labour issues to appoint a chair. OR / IBEW 1007 Collective Agreement 42 of 89 14.07 (cont. ) g) If the single arbitrator, either member of the arbitration board, or the chair thereof, refuses to act or is or becomes incapable of acting, a new single arbitrator, new board member or chair shall be appointed in accordance with the above procedure within five (5) working days of receipt of notice of inability or unwillingness to act. If either party fails to appoint an alternate member or if the members fail to agree upon a chair, the appointment shall be made by the Provincial Minister responsible for Labour issues upon the request of either party. . h) Each party appointing a member shall bear the expense of its member and shall bear one-half (½) of the expenses of the chair of the arbitration board, or single arbitrator. i) No person shall be appointed as a member or chair of an arbitration board if the person is directly affected by the difference, or if the person has been involved in an attempt to negotiate or settle the difference. . j) The arbitration board or single arbitrator shall hear and determine the grievance and shall issue an award in writing. In the case of an arbitration board, the decision of the majority is the award of the arbitration board, but if there is no majority, the decision of the chair shall be the award of the arbitration board. The decision of the arbitration board or the single arbitrator is final and binding upon the parties. . k) The arbitration board or single arbitrator may quash, confirm or vary any action taken respecting suspension, discipline or discharge. l) The grievance arbitration board or single arbitrator, by its decision, shall not alter, amend or change the terms of the Collective Agreement. The grievance arbitration board shall endeavour to issue its award no later than sixty (60) calendar days from the conclusion of the hearing. Where both parties agree, the time limits may be extended.