Common use of Use of attrition Clause in Contracts

Use of attrition. (c) The negotiations referred to in Clause 1 (a) shall commence within 20 days of the date of the notice specified in Clause 1 (b). If the negotiations do not result in mutual agreement within 60 calendar days of their commencement, the issue or issues remaining in dispute shall, within 20 days of the cessation of negotiations, be referred for mediation to Board of Review composed of two senior officers from each party. (d) The Board of review shall, within 30 days, make its findings and recommendations. If the Board is unable to arrive at a decision or if its recommendations are not agreeable to either party, the issue or issues remaining in dispute may be referred by either party to a single arbitrator whose decision shall be final and binding upon both parties. The request for arbitration shall be made in writing by either party to the other within seven days following the Board's findings. If the parties cannot agree on the selection of an arbitrator within seven days of the request for arbitration, the Minister of Labour shall be requested by the parties or either of them to appoint an arbitrator. The parties will prepare a joint statement of the issue or issues remaining in dispute to be submitted to the arbitrator. The arbitrator shall hear the dispute within 30 days from date of appointment and shall render his/her decision together with reasons therefore in writing within 30 days of the completion of the hearing. In the event that the parties cannot agree upon a joint statement of the issue or issues remaining in dispute either desiring arbitration may submit a separate statement and proceed to a hearing and the other party will be so informed. At the hearing before the arbitrator, argument may be presented orally or in writing, and each party may call such witnesses as it deems necessary. (e) The limits specified in Clauses (c) and (d) above may be extended by mutual agreement. (f) The decision of the Arbitrator shall be confined to the issue or issues placed before him and shall also be limited to measures for minimizing the significantly adverse effects of the proposed change upon employees who are affected thereby. (g) The Railway and the TCRC shall respectively bear any expenses each has incurred in the presentation of the case to the arbitrator but any general or common expenses including the remuneration of the arbitrator, shall be divided equally. (h) The changes referred to in Article 53.1 may not be made until the procedures for negotiation, and arbitration if necessary, have been completed. (i) The changes proposed by the Railway which can be subject to negotiation and arbitration under this Article do not include changes brought about by the normal application of the collective agreement, changes resulting from a decline in business activity, fluctuations in traffic, reassignment of work at home stations or other normal changes inherent in the nature of the work in which engineers are engaged. (j) The applicability of this Article to run-throughs and changes in home stations is acknowledged. A grievance concerning the applicability of this Article to other material changes in working conditions may be processed immediately to Step 2 of the grievance procedure as indicated in Article 57, but shall be presented to the President within 60 days from the date of the cause of the grievance.