Troubleshooter. Arbitrators agreed to by the parties shall be scheduled on a rotating basis to conduct expedited hearings as necessary on the following basis:
1. Either party may refer grievances to this process upon providing the other party with three (3) weeks notice of a grievance being referred. Both parties must agree before a grievance is placed on the troubleshooter agenda.
2. Only grievances where the parties have shared all relevant information regarding the grievance, and all reliance documents and facts have been exchanged, shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner.
3. New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow a fair opportunity for analysis and reply.
4. Interpretation grievances or grievances regarding the discharge of employees shall not be referred to this process unless mutually agreed by both parties.
5. Decisions of the Troubleshooter shall be in writing but shall be without prejudice, non-precedent setting and shall not be publicized.
6. Legal counsel shall not be used by either party.
7. The parties shall develop other procedures or guidelines as necessary.
8. Each party shall pay for half of the arbitrator’s fees and expenses.
Troubleshooter. Xxxxx Xxxxxxxx, Xxxxx Xxxxx, Xxxxx Xxxxxx or any other individual agreed by the parties, shall be scheduled on a rotating basis to conduct expedited hearings on the following basis:
1. Either party may refer grievances to this process upon providing the other party with three (3) weeks’ notice of a grievance being referred. Both parties must agree before a grievance is placed on the troubleshooter agenda.
2. Only grievances where the parties have shared all relevant information regarding the grievance and all reliance documents and facts have been exchanged shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner.
3. New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow a fair opportunity for analysis and reply.
4. Decisions of the troubleshooter shall be in writing but shall be without prejudice, non- precedent setting and shall be publicized.
Troubleshooter a. If a grievance is referred to arbitration under Article 4.02, the parties may agree, before selecting an Arbitrator, to refer the matter to a mutually acceptable Troubleshooter. Where this occurs, the Troubleshooter will, within thirty (30) days of his/her appointment or such longer period as the parties may agree,
i. define the issue(s) in dispute between the parties;
ii. investigate such issues, using a procedure determined by the Troubleshooter after consulting with the parties;
iii. attempt to mediate a settlement of the dispute; and
iv. if a settlement cannot be reached, make written, non-binding recommendations to resolve the dispute.
b. Upon receipt of the Troubleshooter’s recommendations, the parties shall meet to discuss the recommendations. At any time during such discussions, either party may notify the other that it wishes to resume the arbitration process described in Article 4.02.
c. During the period between the Troubleshooter’s appointment and the conclusion of the parties’ discussions regarding the Troubleshooter’s recommendations, time shall not run in respect of the grievance and arbitration procedure.
d. The recommendations will not be introduced as evidence or have standing in any arbitration or other legal procedure.
e. The Troubleshooter will not be compellable as a witness in any arbitration or other legal procedure that may result from the troubleshooting process.
f. Article
Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or regarding the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Agreement, Xxxx XxXxxxxxxx, Xxxx Xxxxxx, Xxxx Xxxxxx or Xxxxxx Xxxxxxxx if they are available within thirty (30) working days, or a substitute agreed to by the parties, will, at the request of either party:
A) Investigate the difference;
B) Define the issue in dispute, and
C) Make written recommendations to resolve the difference; within twenty (20) days of receipt of the request, and for those twenty (20) days from the date of their appointment, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on a Troubleshooter within a period of thirty (30) days, either party may apply to the Minister of Labour for the Province of British Columbia for the appointment of a Troubleshooter. The cost of the Troubleshooter will be shared by the parties.
Troubleshooter. Before the appointment of an Arbitration Board, and by mutual agreement of the parties, a grievance may be referred to a Troubleshooter as provided in Article 15.
Troubleshooter. A troubleshooter would have a role as both an investigator and/or a mediator. The Union and the Employer could, by agreement, request the assistance of a troubleshooter in investigating and/or mediating any dispute between them. A dispute would be any matter defined as a grievance under the Collective Agreement, or any other matter which the parties agree would be a dispute for the purpose of the troubleshooting process. Any process would be established by the troubleshooter, but it would be our intent the process would be informal. As part of this, neither party would be represented by legal counsel. If the parties agree to a troubleshooting process, any time limits under the grievance procedure would be extended for the duration of the troubleshooting process. The process would be without prejudice and privileged. Any of the following individuals could be a troubleshooter for us, with the selection by agreement, and with the availability of the individual being a primary factor in the selection process: X. Xxxxxx X. Xxxxxxx
Troubleshooter. The Parties agree to using a Troubleshooter Process as follows:
a. Either Party may refer a grievance to this process, by providing the other Party with three (3) weeks’ notice of a grievance being referred.
b. Both Parties must agree to use of the Troubleshooter process for the grievance outlined in (a) above.
c. Xxxxx Xxxxxx, Xxxxx Xxxxx or Xxxx Xxxxx (or any other individual agreed by the Parties) shall be scheduled as required to hear the grievance on an expedited basis.
d. The Parties agree to share all relevant information regarding the grievance in advance of the troubleshooting hearing.
e. The Parties will make every effort to develop a Statement of Agreed Facts.
f. Decisions of the Troubleshooter will be in writing and binding on the Parties with respect to the grievance before the Troubleshooter. However, the decision will not be precedent setting and shall be without prejudice and shall not be publicized.
g. Legal counsel shall not be used by either Party when using this Troubleshooter process.
h. The Parties shall bear equally the fees and expenses of the Troubleshooter.
Troubleshooter. (a) If the Parties agree, rather than referring a matter(s) to formal grievance arbitration, they may utilize the alternative dispute resolution on a without prejudice and non-citable basis. This process will assign a troubleshooter to hear grievances/disputes on an informal basis who is empowered to engage in a mediated process for resolving such grievances/disputes.
(b) Process: The Parties will agree on the number of grievances/disputes to be put to the troubleshooter on a given, scheduled, day. The parties will each give a concise 10-15 minute overview of the case to the troubleshooter, with their argument on the requested outcome. Mediation will be undertaken and directed by the troubleshooter. If no mediated agreement can be achieved between the parties on a given grievance/dispute, the troubleshooter will deliver a concise, written, decision within 30 days of hearing to the Parties on the matter. Decisions are without prejudice and are non-citable.
(c) Referral to Arbitration: Either party is entitled to take the original grievance/dispute to arbitration if they so choose and in accordance with the grievance-arbitration provisions of the agreement. The troubleshooter’s decision cannot be raised in the subsequent arbitration unless the Parties agree to put the decision before the arbitrator.
(d) The Parties agree to utilize any of the following to serve as troubleshooter: Xxxx Xxxxxxxx; Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxx.
Troubleshooter. An Arbitrator as per the Registrar of Arbitrators, agreed by the parties, shall be scheduled to conduct expedited hearings on the following basis:
a) Either party may refer grievances to this process upon providing the other party with three (3) weeks’ notice of a grievance being referred. Both parties must agree before a grievance is placed on the troubleshooter agenda.
b) Only grievances where the parties have shared all relevant information regarding the grievance and all reliance documents and facts have been exchanged shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner.
c) New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow a fair opportunity for analysis and reply.
d) Decisions of the troubleshooter shall be in writing but shall be without prejudice, non- precedent setting and shall not be publicized.
e) Legal counsel shall not be used by either party.
f) It is understood that the Troubleshooter costs are split on a 50/50% basis by the parties.
Troubleshooter. If a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, Xxxxxxxxxx Xxxxxxx or Xxxx XxXxxxxxxx, or a substitute agreed to by the parties shall at the request of either party In performing this function, the troubleshooter will:
(a) investigate the difference,
(b) define the issue in the difference, and
(c) make written recommendations to resolve the difference within thirty (30) days of the date of receipt of the request and, for those thirty (30) days from that date, time does not run in respect of the grievance procedure.
