Common use of ARBITRATION ALTERNATIVE Clause in Contracts

ARBITRATION ALTERNATIVE. 14.01 In the event that a grievance is not settled to the satisfaction of either party, the matter may then be referred to arbitration. If either party wishes to refer a grievance to arbitration the notice of referral to arbitration must be made in writing to the other party within fourteen (14) calendar days from the formal grievance decision of the party denying the grievance. The notice shall contain a copy of the grievance and the remedy sought and a list of three (3) arbitrators. 14.02 Within seven (7) calendar days thereafter the other party will select an arbitrator from the list or itself nominate three (3) different arbitrators. If, within a further period of five (5) calendar days, the parties are unable to agree upon an arbitrator, either party may then request that the federal Minister of Labour assist them in selecting an impartial arbitrator within a thirty (30) day period. 14.03 It is agreed that the Union has carriage of all grievances throughout the grievance and arbitration procedure and not any employee or group of employees. All agreements reached under the grievance procedure between representatives of the Employer and the Union will be final and binding upon the Employer, the Union and the affected employees. 14.04 No matter may be referred to arbitration which has not properly been carried through all requisite steps of the grievance procedure. 14.05 The issue(s) raised in the written grievance shall be presented to the arbitrator and her/his award shall be confined to such issue(s). The finding of the arbitrator as to the facts and the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be conclusive and binding on all parties concerned, but in no case shall the arbitrator be authorized to alter, modify or amend any part of this Agreement. 14.06 The Employer and the Union shall share equally the expense of the arbitrator. The costs and allowances to be paid to witnesses shall be paid by the party calling such witness. No costs of arbitration shall be awarded to or against either party.