Common use of Appointees Clause in Contracts

Appointees. The two Nominees so selected shall within ten (10) working days of the appointment of the second of them appoint a third person who shall be the Chairperson, provided that the person so selected is able to serve within a period of sixty (60) days. If the Employer fails to name a nominee or if the two (2) nominees fail to agree upon a Chairperson within the time limit, the appointment of the Chairperson shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and that decision shall be final and binding upon the parties and upon any affected by it. The decision of a majority is the decision of the Arbitration Board and failing a majority, the decision of the Chairperson shall be final and binding upon the parties and any affected by it. No person shall be selected as Chairperson of an Arbitration Board who: is acting, or has within a period of six (6) months preceding the date of appointment acted in the capacity of solicitor, legal advisor, or counsel to either of the parties; or who has any pecuniary interest in the matters referred to the Board. No person shall be selected as a Nominee or Chairperson who has been involved in an attempt to negotiate or settle the grievance in process. In no event shall the Board of Arbitration have the power to alter, modify or amend this Agreement in any respect.

Appointees. The two Nominees so selected shall within ten (10) working days of the appointment of the second of them appoint a third person who shall be the Chairperson, provided that the person so selected is able to serve within a period of sixty (60) days. If the Employer fails to name a nominee or if the two (2) nominees fail to agree upon a Chairperson within the time limit, the appointment of the Chairperson shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and that decision shall be final and binding upon the parties and upon any affected by it. The decision of a majority is the decision of the Arbitration Board and failing a majority, the decision of the Chairperson shall be final and binding upon the parties and any affected by it. No person shall be selected as Chairperson of an Arbitration Board who: is acting, or has within a period of six (6) months preceding the date of appointment acted in the capacity of solicitor, legal advisor, or counsel to either of the partiesParties; or who has any pecuniary interest in the matters referred to the Board. No person shall be selected as a Nominee or Chairperson who has been involved in an attempt to negotiate or settle the grievance in process. In no event shall the Board of Arbitration have the power to alter, modify or amend this Agreement in any respect.