Arbitration of Grievance. Any grievance may be referred to arbitration according to Article 7.7 (Step Four: Referral to Arbitration) or to Section 87 of the Labour Relations Code, after the grievance procedure has been exhausted as provided in ARTICLE 7: (GRIEVANCE PROCEDURE).
Arbitration of Grievance. Where a difference has arisen between the parties, either of the parties may, after exhausting the grievance procedure established above, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee as a single arbitrator or appointee to an arbitration board. The recipient of the notice shall, within ten (10) school days, inform the other party of acceptance of the single arbitrator or provide the name of its appointee to the arbitration board. Where two appointees are so selected they shall, within ten (10) school days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint an arbitrator or if the two appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of the majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair governs. The arbitrator or arbitration board shall not make any decision which is inconsistent with the provisions of this Collective Agreement, nor which serves to add to, delete from, modify or otherwise amend the provisions of this Collective Agreement. All costs of the chairperson of the arbitration board shall be shared equally by the parties. Each party shall bear the costs of its own appointee to an arbitration board and of its own witnesses.
Arbitration of Grievance. (f) Where a grievance relates to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, the Board or Union may, after the grievance procedure established by this Agreement has been complied with, notify the other party in writing of its desire to submit this grievance to arbitration.
Arbitration of Grievance. Where a difference has arisen between the parties, either of the parties may, after exhausting the grievance procedure established above, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days, inform the other party of the name of its appointee to the arbitration board. Where two appointees are so selected they shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairperson. If the recipient of the notice fails to appoint an arbitrator or if the two appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. Notwithstanding the above, the parties may agree in writing to submit the grievance to a mutually agreed upon single arbitrator rather than to an arbitration board. A grievance may be submitted to expedited arbitration under Section 49 of the Labour Relations Act The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties and upon any employee or employer affected by it. The decision of the majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair governs. The arbitrator or arbitration board shall not make any decision which is inconsistent with the provisions of the Back To Index Collective Agreement, nor which serves to add to, delete from, modify or otherwise amend the provisions of this Collective Agreement. All costs of a single arbitrator or the chairperson of the arbitration board shall be shared equally by the parties. Each party shall bear the costs of its own appointee to an arbitration board and of its own witnesses. Time restrictions may be extended if mutually agreed to in writing.
Arbitration of Grievance. 10.11.0. Where a grievance relates to the interpretation, application, administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable, the Board or Bargaining Unit may, within 50 school days following the day the cause for the grievance became known or reasonably ought to have been known by the grieving party, notify the other party in writing of its desire to submit this grievance to arbitration.
Arbitration of Grievance. Section 1. In the event either party elects to submit a grievance to arbitration, the parties shall select an impartial arbitrator through the American Arbitration Association and the arbitration shall be conducted in accordance with the rules of the American Arbitration Association.
Arbitration of Grievance. Either Party hereto may refer the grievance to arbitration and the referral shall be in writing, addressed to the other Party hereto. If the recipient of the notice and the Party desiring the arbitration do not, within days, agree upon a single arbitrator, then a Chairman of the said Board of Arbitration shall be appointed by the Solicitor-General of the Province of Ontario upon application to him by either of the Parties hereto. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limits, herein specified. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle this grievance. Each of the Parties to an Arbitration with a single arbitrator shall share equally the costs of the arbitration proceedings and the cost of the arbitrator; in respect of a Board of Arbitration established pursuant to The Fire Departments Act consisting of a Chairman and two members, each Party shall assume its own costs of the arbitration proceedings and shall share the cost of the Chairman (third arbitrator) equally. The Board of Arbitration shall have no power to alter or change any of the provisions of this Agreement, or to substitute any new provisions, nor to deal with any matter not covered by this Agreement, provided, however, that where the grievance, the subject matter of the arbitration, pertains to disciplinary action respecting an employee {including suspension or discharge) it is agreed that the Board may substitute in lieu of any such disciplinary action imposed or set to be imposed on an employee, such lesser disciplinary action as the said arbitrator may consider reasonable and just. The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement. Proceedings before the Arbitration Board shall be expedited by the Parties hereto. The decision of the Board of Arbitration shall be final and binding on both Parties to this Agreement. All agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Association, will be final and binding upon the Employer, the Association and the Employees. Any time limits referred to in the Grievance Procedure or arbitration, or any sub-section thereof, within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of Saturday, Sunday and Statu...
Arbitration of Grievance. (a) When either party requests that a grievance be submitted to arbitration it shall make such request in writing addressed to the other party, and, at the same time either propose a sole arbitrator or name a nominee to a Board of Arbitration. Within five (5) days thereafter the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a Chairperson for the Board of Arbitration. If they are unable to agree upon such Chairperson within ten (10) days, either party may request the Minister of Labour to assist them in selecting a Chairperson. In the case of a sole arbitrator, if the parties are unable to agree within twenty (20) days of the referral, either party may request the Minister of Labour to assist them in selecting an arbitrator.
Arbitration of Grievance. Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee may informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manger or designee shall have 15-calendar days to review and seek adjustment of the grievance.
Arbitration of Grievance. In the event that the grievance is not resolved by the Fire Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire Chief’s decision, request that the grievance be heard by an arbitrator.
