Selection of an Arbitrator. The parties will reach agreement on a mutually acceptable arbitrator as needed. If agreement cannot be obtained between the parties then either party can apply to the Minister of Labour to have an arbitrator appointed.
Selection of an Arbitrator. 15.01 If the Union and Co-operative cannot reach a settlement, then at the request of either party, the grievance shall be submitted to an Arbitrator. The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten (10) calendar days in respect of the selection of an Arbitrator by the parties involved in the dispute, the matter shall be referred to the Manitoba Labour Board, who shall appoint an Arbitrator.
15.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute.
15.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as deem essential to a full understanding and determination of the issues involved.
15.04 The findings and decisions of the Arbitrator on all arbitrable questions shall be final, enforceable and binding upon all parties concerned. In reaching a decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator shall not be vested with the power to change, modify or alter any of the terms of this Agreement. The Arbitrator may, however, interpret the provisions of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement.
15.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Co-operative’s action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable.
15.06 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article.
15.07 It is agreed that the expenses of the Arbitrator shall be borne equally by the Co-operative and the Union.
Selection of an Arbitrator. 27.01 After one of the parties indicates they are taking the matter to arbitration, the matter shall be referred to a single Arbitrator as indicated in Article 27.
Selection of an Arbitrator. If the Union and the Employer cannot agree upon an acceptable arbitrator, they shall forward a joint written request to the Federal Mediation and Conciliation Service to provide a list of names of seven arbitrators. However, the Employer and the Union may stipulate to using an arbitrator supplied by the Board of Personnel Appeals, AAA or another mutually-agreeable source. Each party shall alternately strike names from the list until only one name remains. The remaining person shall be designated the arbitrator. A coin toss shall be used to determine which party shall strike the first name from the list. The party losing the coin toss shall strike the first name.
Selection of an Arbitrator. (a) Any matter submitted to arbitration shall be heard and determined by a single impartial arbitrator mutually selected by the Union and the Company. The parties shall agree to a master list composed of fifty (50) arbitrators from which panels shall be arranged and arbitrators selected. Arbitrators may be removed from the master list by written notice from either party to the other. Replacement of an arbitrator removed from the master list (either by death of the arbitrator or in accordance with this subparagraph) shall be by mutual agreement of the parties.
(b) If no arbitrator has been mutually agreed upon within sixty (60) days following the date of the Company's receipt of the notice of election to arbitrate and no extension of time has been mutually agreed upon, the Union may, within the following sixty (60) day period, apply to the American Arbitration Association to obtain a list of three (3) arbitrators (all of whom will be members of the National Academy of Arbitrators). One (1) of the three (3) arbitrators on this list will be selected by the parties. If this selection cannot be made, the American Arbitration Association will appoint one (1) of the three (3) arbitrators from the list referenced above to hear the case.
(c) The compensation and expenses of the arbitrator and the general administrative expenses of the arbitration shall be borne equally by the Company and the Union. Each party shall be responsible for payment for time consumed by and the expenses of its representatives and witnesses.
Selection of an Arbitrator. (Non-Expedited arbitration) The parties shall first attempt to mutually agree on the selection of an arbitrator The parties will first attempt to mutually agree on an arbitrator within seven (7) days of the invocation of Arbitration. If the parties are unable to agree on a selection within the seven (7) days, either party may request a list of seven (7) appropriately experienced arbitrators from the American Arbitration Association (“AAA”).
Selection of an Arbitrator. 15.01 The parties shall attempt to agree upon the appointment of an Arbitrator to hear and determine the matters in dispute. If agreement cannot be reached within ten (10) calendar days in respect of the selection of an Arbitrator by the parties involved in the dispute, the matter shall be referred to the Manitoba Labour Board, who shall appoint an Arbitrator.
15.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute.
15.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved.
15.04 The decision of the Arbitrator shall be final and binding upon all parties concerned. In reaching a decision, the Arbitrator shall be governed by the provisions of this Agreement. It is distinctly understood that the Arbitrator is not vested with the power to change, modify or alter this Agreement in any of its parts. The Arbitrator may, however, interpret the provisions of this Agreement. The Arbitrator shall endeavour to hand down their decision within thirty (30) calendar days of the hearing.
15.05 It is agreed that the expenses of the Arbitrator shall be borne equally by the Co-operative and the Union.
Selection of an Arbitrator. On an annual basis, the parties shall establish a list of seven (7) arbitrators to serve as the permanent panel to hear grievances arising under the terms of this Agreement. In the event the parties cannot agree on the panel within (20) working days following the effective date of this Agreement, either party may obtain a panel through the appointment process of the AAA. Any name provided by the AAA may be removed from the panel by mutual consent of the parties. The AAA will appoint a replacement for any name removed, unless the parties mutually agree on a replacement panelist.
Selection of an Arbitrator. The parties should attempt to agree on a neutral arbitrator to hear the grievance. In the event there is no agreement, either party may submit a request to the Federal Mediation and Conciliation Services (FMCS) to obtain a list of seven (7) arbitrators from which to select the arbitrator. In the event either party is dissatisfied, for any reason, with the entire panel of arbitrators, a second panel of seven (7) arbitrators shall be requested by the dissatisfied party from the FMCS. To select an arbitrator from the panel, each party shall alternatively strike a name from the list until only one name remains. The remaining name shall be the arbitrator.
Selection of an Arbitrator. The selection of an arbitrator will be governed by Illinois Education Labor Relations Board guidelines or, if necessary, the normal American Arbitration Association procedures for selection of an arbitrator.
