STEP In the event the Director of Human Resources or designate and the National Representative and Unit Chair are unable to reach a resolve in STEP either party may, by notice in writing given to the other, within twenty (20) days, submit the grievance to final and binding arbitration. The notice of the party referring the matter to arbitration shall include the name of the proposed sole arbitrator, which is to be mutually agreed upon. If the parties are unable to agree on the selection of an arbitrator within twenty (20) working days once formal notice is given, the Federal Minister of Labour shall be requested to appoint the Arbitrator. The Company and the Union local shall each pay one-half of the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. Arbitrator The arbitrator shall not be authorized to alter, modify, or amend the provisions of this Agreement nor to make any decision inconsistent therewith. Where the Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. Time Limits Any time limit mentioned under the grievance procedure shall be counted as working days, excluding Saturdays, Sundays and Statutory Holidays. The time limits imposed upon either party of any STEP in the Grievance Procedure may be extended by mutual written agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be denied on an arbitrary basis. Where no reply is given to a grievance within the time limits specified, and no extension was agreed to, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next step in the Grievance Procedure. Grievances involving the discharge or discipline of an employee may be submitted at STEP of the grievance procedure. The Company shall have the right to file a grievance in writing signed by the Director of Human Resources or designate, with the Union within ten (10) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Company. A meeting will be held with the Union within ten (10) days of the presentation of the grievance and the Union shall give the Company its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty (20) working days of the date the Company received the Union’s reply. The Union shall have the right to file a ‘policy’ grievance in writing with the Company within ten (10) working days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within ten (10) working days of the presentation of the grievance and the Company shall give the Union its written reply to the grievance in ten (10) working days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within twenty
