Common use of Troubleshooter Clause in Contracts

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

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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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- 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

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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- 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

Appears in 1 contract

Samples: Collective Agreement

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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- 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. ArticleArticle 4.05 applies with respect to expenses and costs of the Troubleshooter.

Appears in 1 contract

Samples: Collective Agreement

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