Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ 10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel. 10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations. 10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out. 10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances. 10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator. 10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings. 10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing.
24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve.
24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall notify alternately strike a name until there is one name remaining. The remaining name shall be the other arbitrator. The party that strikes first shall be determined by lot.
24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of its desire hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to submit arbitration, the matter Association and the District shall have equal access to arbitration within fourteen (14) calendar days after documents and records that will assist in adjusting the date grievance, as mutually determined by the decision at Step 2 parties. These provisions may be modified or waived by mutual agreement of the District and the Association.
24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance procedure was or should have been givenand their representatives. Witnesses shall attend only while testifying.
24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance.
24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The matter is arbitrator will be without power of authority to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If make any individual decision which requires the commission of an act prohibited by law or which violates the terms of the above panel whoAgreement. However, having been requested it is agreed that the arbitrator is empowered to include in their turn to act any award such financial reimbursement or other remedies as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on are consistent with the regular rotation of the panelAgreement.
10.03 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none based on a violation or inequitable application of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorAgreement. The decision of the arbitrator shall will be given within a period of twenty-one (21) days after submitted to the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence Association and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) District and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall will be final and binding upon all parties concernedthe parties.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned.
(b) Where a party desires difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that a this Agreement has been violated, either of the parties may, after exhausting the grievance be submitted to arbitrationprocedure(s) established by this Agreement, that party shall notify the other party in writing of its desire to submit the matter differences or allegation to arbitration within fourteen (14) calendar days after and the date notice shall contain the decision at Step 2 name of the grievance procedure was or should have been givenfirst party's appointee to an Arbitration Board. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual recipient of the above panel who, having been requested in their turn notice shall within ten (10) working days inform the other party of the name of its appointee to act as arbitrator on an arbitrationthe Arbitration Board. The two appointees so selected, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation within ten (10) working days of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none appointment of the above arbitrators is willing second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall 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 Arbitration Board 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 nurse affected by it. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orArbitration Board, in the case of a policy grievance, but if there is no majority the decision of the UnionChairperson governs.
(c) at Step 2 The Arbitration Board shall not have any authority to alter or change any provisions of the grievance procedure shall be presented this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the arbitratorexpress intent or terms and conditions in lieu thereof or to give any decision, and the award of the arbitrator shall be confined which adds to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend detracts from any part provision of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision Each of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each to this Agreement will pay one-half (½) of the fees and expenses disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the arbitrator.
10.09 Chairperson. No grievance person who participated in the Grievance Procedure may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling appointed as a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties nominee to the arbitration proceedingsBoard by either party.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When (a) If any Claim arises, the party making such Claim shall provide a written notice (a “Claim Notice”) to the other party desires that hereto, specifying the nature of the Claim and thereafter, the parties shall negotiate in good faith to resolve such Claim expeditiously. If the parties do not resolve the Claim within forty-five (45) days of a grievance Claim Notice, the parties shall endeavor in good faith to resolve such Claim expeditiously using informal dispute resolution techniques, such as mediation, expert evaluation, or determination or similar techniques reasonably agreed by the parties. If the parties do not resolve the Claim within ninety (90) days of a Claim Notice, then the Claim shall be submitted to mandatory, final and binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, that party shall notify subject to the other party provisions of its desire this Section 7.8, pursuant to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenFederal Arbitration Act, 9 U.S.C., Section 1 et seq. The matter is to place of arbitration shall be submitted to a single New York, New York.
(b) There shall be three (3) arbitrators, with one arbitrator to be chosen in rotation from appointed by each party and the third to be appointed by the two (2) arbitrators so appointed. The arbitrators shall be agreed upon by the parties within twenty (20) days of receipt by the respondent of a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual copy of the above panel whodemand for arbitration. If the parties do not agree upon arbitrators within this time limit, having been requested in their turn to act as arbitrator on an arbitration, such arbitrators shall be unable appointed by JAMS in accordance with the listing, striking and ranking procedure in the Rules, with each party being given a limited number of strikes, except for cause. Any arbitrator appointed by JAMS shall be a retired judge or unwilling a practicing attorney with no less than twenty years of experience with corporate and limited liability company matters and an experienced arbitrator. In rendering an award, such arbitrators shall be required to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on follow the regular rotation laws of the panelstate of New York.
10.03 (c) The arbitrator arbitration shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none sole and exclusive forum for resolution of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitratorClaim, and the award of the arbitrator shall be confined to in writing, state the issues therein set out.
10.06 In no event shall reasons for the arbitrator alteraward, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedbinding. Judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall not be permitted to award punitive, multiple or other non-compensatory damages. Any costs or fees (including attorneys’ fees and expenses) incident to enforcing the award shall be charged against the party resisting such enforcement. The arbitrators shall be permitted to, but shall not be required to, award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
10.08 (d) The Company parties agree that the arbitration shall be kept confidential and that the Union shall each pay one-half (½) existence of the fees proceeding and expenses any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any documents disclosed by one party to another, testimony or other oral submission and any awards or decisions) shall not be disclosed beyond the arbitrators, JAMS, the parties, their legal and professional advisors, and any person necessary for the conduct of the arbitratorarbitration, except as may be required in judicial proceedings relating to the arbitration, or by law, regulatory or governmental authority.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out (e) Barring extraordinary circumstances (as determined in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Unionarbitrator), any policy grievance or other grievance which could potentially affect more than one employee at time discovery shall be limited to pre-hearing disclosure of referral or documents that each side will present in support of its case, and, in response to reasonable documents requests, non-privileged documents in the futureresponding party’s possession or custody, not otherwise readily available to the party seeking the documents, and reasonably believed to exist, that may be relevant and material to the outcome of disputed issues. There shall be heard by a three no depositions.
(3f) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance By agreeing to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instancesarbitration, the parties agree do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings and the enforcement of any award. Without prejudice to such provisional remedies as may be available under the jurisdiction of a court, the arbitrator shall have full authority to grant provisional remedies and to direct the parties to request that they shall appoint their nominees any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any party to respect the arbitrator’s orders to that effect. In any such judicial action: (i) each of the parties irrevocably and unconditionally consents to the panelexclusive jurisdiction and venue of the federal or state courts located in New York (the “New York Courts”) for the purpose of any pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings, and to the non-exclusive jurisdiction of such courts for the enforcement of any judgment on any award; (ii) each of the parties irrevocably waives, to the fullest extent they may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which shall be chaired by it may now or hereafter have to the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing bringing of any such action or proceeding in any New York Courts; (iii) each of the matter in disputeparties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid; and (iv) each of the parties hereby irrevocably waives any and all right to trial by jury.
Appears in 6 contracts
Sources: Support Services Agreement (Reinvent Technology Partners X), Support Services Agreement (Reinvent Technology Partners Y), Support Services Agreement (Reinvent Technology Partners Y)
Arbitration. 10.01 When Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party desires that a grievance be submitted to arbitrationmay, that party shall after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the matter difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fourteen fifteen (1415) calendar working days after of the date reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board.
10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on final and binding upon the parties and upon any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratoremployee affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orarbitration board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the grievance procedure shall Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions.
10.03 No person may be presented appointed as an arbitrator who has been involved in an attempt to negotiate or settle the arbitrator, grievance.
10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the award parties will jointly share the expenses of the arbitrator shall be confined to Chairman of the issues therein set outarbitration board, if any.
10.06 In no event 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.
10.06 The Employer and the Association may, nor shall they have by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the authority to make any decisions inconsistent with Board of Arbitration provided for herein (whether or not such Board has been constituted), and the provisions hereof. The named sole arbitrator shall have the authoritysame power as a Board of Arbitration, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties subject to the arbitration proceedingssame limitations as a Board of Arbitration hereunder.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 6 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all 8.01 Both parties to present evidence and to make representations.
10.05 In this Agreement agree that any arbitration, grievance concern- ing the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union interpretation or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part alleged violation of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure out- lined in Article 7 above, and which has not been settled, will be referred to a board of arbitration at the request of either of the parties hereto.
10.10 8.02 The time limits board of arbitration will be composed of one (1) person appointed by the Association, one (1) person appointed by the Union and one (1) person to act as Chairman, chosen by the other two (2) members of the board.
8.03 Within two (2) working days of the request of either party for a board, each party shall notify the other of the name of its appointee.
8.04 Should the person chosen by the Association to act on the board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned in 8.03 above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chairman.
8.05 The decisions of the board of arbitration or a majority of such board constituted in the above manner, or if there is no majority, the deci- sion of the Chairman, shall be binding upon the employees, the Union, the Employer and the Association.
8.06 The board of arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.
8.07 Each of the parties to this Agreement will bear the expense of the arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairman.
.01 The nature of the grievance, the remedy sought and the sec- tion or the sections of the Agreement which are alleged to have been vio- lated shall be set out in the written record of the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only not be subject to change in later steps.
.02 In determining the time, which is allowed in the various steps, Sundays, and Statutory Holidays shall be excluded, and any time limits may be extended by mutual agreement in writing between the Company and the Union.writing;
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs .03 If advantage of the mediator are provisions of Articles 7 and 8 hereof is not borne by taken within the Province of Manitobatime limits specified therein or as extended in writing, as set out above, the expenses and fees of the mediator grievance shall be borne equally by the parties deemed to the arbitration proceedingshave been abandoned and may not be reopened.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Master Provincial Agreement, Master Provincial Agreement, Master Provincial Agreement
Arbitration. 10.01 When 10.1 Where a party desires difference arises between the Centre and the Union relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that a this Agreement has been violated, and the grievance be submitted to arbitrationhas not been resolved in the Grievance Procedure, that party shall either of the parties may notify the other party in writing of its desire to submit the matter grievance to arbitration arbitration. Such notice must be given in writing to the other party within fourteen fifteen (1415) calendar working days after the date the written decision is rendered at Step 2 of the Grievance Procedure. If no written request for arbitration is received within fifteen (15) working days after the decision under Step 2 is given, the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing have been abandoned.
10.2 The Notice to act unless they are in Arbitrate shall contain the position name of a nominee to convene the hearing Board of Arbitration. Within fifteen (15) working days thereafter the other party shall name a nominee and notify the other party. The two (2) nominees so appointed shall confer and attempt to select by agreement the Chair of the Board of Arbitration within twenty-eight fifteen (2815) working days from the date of their selection. In the event none appointment of the above arbitrators is willing last nominee. If they are unable to convene agree upon such a hearing within twenty-eight (28) daysChair, either nominee or party may request the Minister of Labour for the Province of Ontario to appoint a Chair. The Arbitration Board shall hear and determine the matter will be referred to the Manitoba Labour Board and shall issue a decision which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all the parties concernedand upon any employees affected by it.
10.08 10.3 The Company Arbitration Board shall not have any authority to alter or amend in any way the provisions of this Agreement; to substitute any new provisions in lieu thereof; to give any decision inconsistent with, or contrary to, the terms and conditions of this Agreement; in any way to modify, add to, or delete from any provision of this Agreement; or to consider any matter not covered by a provision of the Union Agreement.
10.4 Each party shall each pay one-half (½) of its own expenses, including witnesses, and the fees and expenses of the arbitratorArbitrator shall be borne equally by the parties.
10.09 10.5 The time limits and procedures set out in the Grievance and Arbitration provision herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned. For the purposes of Articles 9 and 10, the term “working days” will exclude Saturdays, Sundays and Holidays.
10.6 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedure.
10.10 The Grievance Procedure and within the time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Unionspecified or any agreed upon written extension thereof.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 9.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
10.02 9.02 If any individual of the above panel who, having been requested in their his turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they he shall not again be requested to act as arbitrator on any arbitration until their his name comes up again on the regular rotation of the panel.
10.03 9.03 The arbitrator shall not be deemed to be willing to act unless they are s/he is in the position to convene the hearing within twentyforty-eight two (2842) days from the date of their his/her selection. In the event none of the above arbitrators is willing to convene a hearing within twentyforty-eight two (2842) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one eight (2128) days after the closing of the arbitration hearing.
10.04 9.04 The arbitrator may determine their his own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 9.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company General Manager or his designate (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 9.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they he have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they he may deem just in the circumstances.
10.07 9.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 9.08 The Company and the Union shall each pay one-half (½1/2) of the fees and expenses of the arbitrator.
10.09 9.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 9.10 The time limits set out in the grievance procedure (Article 9) 8) and the arbitration provisions (Article 109) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 9.11 In the interest of settling a grievance prior to an arbitration hearing either party hearing, the Company and the Union may request the assistance of a grievance mediator from where the Manitoba Labour Boardgrievance has been properly carried through the grievance procedure set out in Article 8 and referred to arbitration in accordance with this Article 9. In the event the costs of the mediator are not borne by the Province of Manitoba, the The expenses and fees of the mediator shall be borne equally by the Company and the Union. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to the arbitration proceedings.
10.12 Grievances referred accept his or her suggested settlement to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Union Collective Agreement
Arbitration. 10.01 When 21.01 If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration as follows:
21.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure. The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties.
a. If a party desires wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator.
b. When either party requests that a grievance be submitted to arbitration, that party the request shall notify be in writing addressed to the other party to this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter designate its desire nominee to submit the matter to arbitration Board of Arbitration. The two (2) so nominated shall endeavour, within fourteen ten (1410) calendar days after the date appointment of the second of them, to agree upon a third person to act as Chairperson of the Board of Arbitration. If the nominees are not able to agree upon a third person as chairperson within ten (10) days after the appointment of second person, then either party may request the Office of Arbitration of the Province of Ontario to appoint the third member and Chairperson of the Board of Arbitration. All references in this Article to a board of arbitration shall equally apply to a sole arbitrator.
21.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairperson of an arbitration board or as sole arbitrator.
21.05 The decision of a majority is the decision of the arbitration board but if there is no majority, the decision of the chairperson of the arbitration board governs.
21.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service.
21.07 If a party fails to answer a grievance at Step 2 any stage of the grievance procedure was procedure, the other party may commence arbitration proceedings and if the party in default refuses or should have been given. The matter is neglects to be submitted appoint an arbitrator in accordance with this Article, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be chosen final and binding upon both parties.
21.08 It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in rotation from complying with the time limits set out in the articles dealing with grievance and arbitration procedures, where it appears that the default was due to a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual reliance upon words or conduct of the above panel who, having been requested in their turn other party.
21.09 The arbitration board is to act as arbitrator on an arbitration, be governed by the following provisions:
a. The arbitration board shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on hear and determine the regular rotation subject of the panel.grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it;
10.03 b. The arbitrator board shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysdetermine its own procedure, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.;
10.05 In c. The board shall not have the power to alter or amend any arbitration, the written representation of the aggrieved employee at Step 2 provisions of this Agreement, except the time limits for grievances where the delay was occasioned by a reliance on words or conduct of the grievance procedure (or, in other party;
d. The parties and the case arbitrator shall have access to the Employer’s premises to view working conditions or operations that may be relevant to the resolution of a policy grievance, ;
e. The board shall not have the written representations power to amend a grievance. It shall have the power to modify the disciplinary penalties;
f. The board shall have jurisdiction to determine whether a grievance is arbitrable;
g. The board shall not have the power to amend this Agreement in order to give a decision inconsistent with it. The decision of the Union or majority of members of the Company at Step 2) and Board of Arbitration shall be the decision of the Company (or, in the case of a policy grievanceBoard. If there is no majority, the decision of the Union) at Step 2 Chairperson shall govern;
h. Each of the grievance procedure parties shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees remuneration and expenses of the arbitratorChairperson of the board, plus the cost of its nominee.
10.09 No grievance may be submitted to 21.10 Notwithstanding the arbitration which has not been properly carried through all procedure outline above, a grievance, after the requisite Steps second step of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and , may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In under the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 26.01 When a party desires difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable or when an allegation is made that a this agreement has been violated, either of the parties may, after exhausting any grievance be submitted to arbitrationprocedure established by this agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration within fourteen (14) calendar days after and the date notice shall contain the decision at Step 2 name of the grievance procedure was or should have been givenfirst party's appointee to an arbitration board. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual recipient of the above panel whonotice shall, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight ten (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (2810) days, inform the matter will be referred other party of the name of its appointee to the Manitoba Labour Board which arbitration board. The two (2) appointees so selected shall within fifteen (15) days of the appointment of the second (2nd) of them appoint a third (3rd) person who shall be the chairperson. If the recipient of the notice fails to appoint an arbitratorarbitrator or if the two (2) appointees fail to agree upon a chairperson within the time limit, the appointment shall be made by the Ontario Minister of Labour, upon the request of either party. The arbitration board 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 arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orarbitration board; but, in the case of a policy grievanceif there is no majority, the decision of the Union) at Step 2 chairperson governs.
26.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
26.03 Each of the grievance procedure shall be presented to parties hereto will jointly bear the arbitrator, expense and the award fees of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision chairperson of the arbitrator on arbitration board and will pay all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitratornominee appointed.
10.09 No 26.04 The arbitration board shall not have any jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provisions in lieu thereof or to give a decision inconsistent with the terms and provisions of this Agreement.
26.05 Any referral of the grievance may or dispute between the parties to any Arbitration Board shall be submitted to arbitration which has not been properly carried through all made within thirty (30) days of receipt by the requisite Steps Association of the reply under Step III of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 Failing settlement of a grievance under the preceding procedure, such grievance may be submitted to arbitration within ten (10) working days of either receipt of the Step 4 response or the expiry of the time limit for response by the Employer, or where the parties consent to proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure.
10.02 If a grievance is not referred to arbitration within the ten (10) working day period, the grievance will be conclusively deemed to have been abandoned.
(a) When a either party desires requests that a grievance be submitted referred to arbitration, that party the request shall notify be made in writing addressed to the other party to this Collective Agreement.
(b) The following arbitration provisions shall apply:
(i) At the request of its desire either party, the parties will meet and negotiate an Anishinabek Arbitration provision. Following the negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect;
(ii) Pending the negotiation of an Anishinabek Arbitration provision:
A. the Employer and the Union will attempt to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to agree on a single arbitrator to be chosen in rotation from Anishinabek Arbitrator;
B. failing agreement on a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) dayssingle Anishinabek Arbitrator, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company Employer and the Union shall each pay select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson;
C. at any time and despite Articles 10.03(b)(ii)(A) and (B), with the consent of the Employer and the Union a single Arbitrator may be used.
(c) It is understood that the Arbitrator shall interpret this Collective Agreement and shall only deal with the questions which are submitted, and shall have no power to alter, add to, or amend this Collective Agreement.
(d) The Employer and the Union shall each be responsible for the fees and expenses of its own appointee, if any, and for one-half (½1/2) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration individual appointed pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter Anishinabek Arbitration provision as the Chairperson or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees single arbitrator agreed to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeparties.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 30.01 If the Union and the Employer cannot reach a party desires that a settlement, then at the request of either party, the grievance shall be submitted to arbitration, that an Arbitrator. The party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure Grievance Procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 30.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitrationArbitrator, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator Arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be 30.03 If the matter is deemed by the Employer or the Union to be willing to act unless they are one which requires an expedited arbitration process and the Arbitrator named from the list above is not in the a position to convene the hearing within twenty-eight (28) days from the date of their selection, then the next arbitrator on the list shall be selected and so forth until an Arbitrator is named. In the event that none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, then the matter will be referred to the Manitoba Labour Board which who shall appoint an arbitratorArbitrator who is willing to convene the hearing within twenty- eight (28) days from the date of their selection. The In the case of the arbitration being expedited, the decision of the arbitrator Arbitrator shall be given within a period of twenty-one (21) days after of the closing of the arbitration hearing. Notwithstanding the above, the grieving party may still exercise their right to the expedited process set out in The Labour Relations Act for the Province of Manitoba if they so choose without using the process above.
10.04 30.04 The arbitrator may determine their own procedure but person selected as Arbitrator shall give full opportunity 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 all parties to present the dispute.
30.05 The Arbitrator shall receive and consider such material evidence and to make representationscontentions as the parties may offer. In reaching their decision, the Arbitrator shall be governed by the provisions of this Agreement.
10.05 In any arbitration, 30.06 The Arbitrator shall not be vested with the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented power to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alterchange, modify or amend alter any part of the terms 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, nor shall they have or which involves the authority to make any decisions inconsistent with determining of a subject matter not covered by or arising during the provisions hereof. The term of this Agreement.
30.07 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the authorityright to sustain the Employer's action or to reinstate the employee with full, within part or no back pay, with or without loss of seniority, or to settle the above limitations, to dispose of grievances matter in such manner as any way they may deem just in the circumstancesequitable.
10.07 30.08 The findings and decision decisions of the arbitrator Arbitrator on all arbitrable questions shall be final binding and binding upon enforceable on all parties concernedinvolved.
10.08 The Company and 30.09 It is the Union shall each pay one-half (½) intention of the fees and expenses 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 arbitratorprovisions of this Article.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 30.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator Arbitrator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When As a party desires condition precedent to any right of action hereunder, in the event of any dispute or difference of opinion hereafter arising between the Company and the Reinsurer with respect to this Agreement, or with respect to these Parties' obligations hereunder, it is hereby mutually agreed that a grievance such dispute or difference of opinion shall be submitted to arbitration, that party .
10.02 One arbiter (an "Arbiter") shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of by the above panel who, having been requested in their turn to act as arbitrator on an arbitration, Company and one Arbiter shall be unable chosen by the Reinsurer and an umpire (an "Umpire") shall be chosen by the Arbiters, all of whom shall be active or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation retired disinterested executive officers of the panelproperty and casualty insurance or reinsurance companies.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none that a party fails to choose an Arbiter within thirty (30) days following a written request by either party to the other to name an Arbiter, the party who has chosen its Arbiter may choose the unchosen Arbiter. Thereafter, the Arbiters shall choose an Umpire before entering upon arbitration. If the Arbiters fail to agree upon the selection for the Umpire within thirty (30) days following their appointment, each Arbiter shall name three nominees, of whom the other shall decline two, and the decision shall be made by drawing lots.
10.04 Each party shall present its case to the Arbiters and Umpire within a reasonable amount of time after selection of the above arbitrators Umpire, unless the period is willing to convene extended by the Arbiters and the Umpire in writing and/or at a hearing within twenty-eight (28) daysin Dallas, Texas. The Arbiters and Umpire shall consider this Agreement as an honorable engagement, as well as a legal obligation, and they are relieved of all judicial formalities and may abstain from following the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorstrict rules of law regarding entering of evidence. The decision in writing by a majority of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence Arbiters and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent Umpire when filed with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions Parties shall be final and binding on the parties. Judgment upon all parties concernedthe final decision of the Arbiters and Umpire may be entered in any court of competent jurisdiction.
10.08 The Company and 10.05 In the Union shall each pay one-half (½) event of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing a dispute between the Company and the Union.
10.11 In Reinsurer concerning this Agreement and the interest General Agency Agreement (regardless of settling a grievance prior to an arbitration hearing whether either party may request has claims against the assistance of a grievance mediator from General Agent), the Manitoba Labour Board. In entire dispute between the event Company and the Reinsurer shall be subject to arbitration as provided in this Article X.
10.06 The costs of the mediator are not borne by arbitration, including the Province of Manitoba, the expenses and fees of the mediator arbitrators and the umpire, shall be borne equally by unless the parties Arbiters and Umpire shall decide otherwise.
10.07 This Agreement shall be interpreted under the laws of Texas and the arbitration shall be governed and conducted according to the arbitration proceedingsTexas General Arbitration Act.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 5 contracts
Sources: Quota Share Reinsurance Agreement (Unico American Corp), Quota Share Reinsurance Agreement (Hallmark Financial Services Inc), Quota Share Reinsurance Agreement (Direct General Corp)
Arbitration. 10.01 7.01 When a either party desires requests that a grievance be submitted to arbitration, that party the request shall notify be made by registered mail addressed to the other party of its desire to submit the matter to arbitration Agreement, within fourteen forty (1440) calendar working days after following the date the decision at Step 2 exhaustion of the grievance procedure was or should have been givenprocedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The matter is two (2) appointees shall select an impartial chair.
7.02 If the two (2) appointees fail to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Chair within seven (7) days of their appointment, the above panel who, having been requested in their turn to act as arbitrator on an arbitration, appointment shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to made by the Manitoba Labour Board which shall appoint an arbitrator. The decision upon request of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingeither party.
10.04 7.03 The arbitrator may determine their own procedure procedure, but shall give full opportunity to all parties to present evidence and make representations to make representationsthe arbitrator. The arbitrator shall render a decision within ten (10) working days from the time a final meeting is held.
10.05 In any arbitration, the written representation 7.04 The decision of the aggrieved employee at Step 2 majority of the grievance procedure (or, in the case of a policy grievance, the written representations members of the Union or the Company at Step 2) and Arbitration Board is the decision of the Company (orArbitration Board and, in if there is no decision that is common to a majority of the case of a policy grievancemembers, the decision of the Union) at Step 2 Chair of the grievance procedure Arbitration Board shall be presented deemed to be the arbitrator, and the award decision of the arbitrator Arbitration Board. The decision of the Arbitration Board shall be confined final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to the issues therein set out.
10.06 In no event shall the arbitrator change this Agreement or to alter, modify or amend any part of its provisions or make any decision contrary to the provisions of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings 7.05 Each party shall pay:
a) the fees and decision expenses of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.nominee it appoints, and
10.08 The Company and the Union shall each pay b) one-half (½) of the fees and expenses of the arbitratorChair.
10.09 No grievance may be submitted 7.06 In the case of dismissal of, or other discipline to arbitration which has not been properly carried through all any Employee (except an Employee in their probationary period) for just cause, the requisite Steps justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance procedureas hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in the opinion appears to be just and equitable.
10.10 7.07 The time limits set out in both the grievance and arbitration procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement and shall be confirmed in writing between the Company and the Unionwriting.
10.11 In 7.08 Nothing herein shall prohibit the interest parties from agreeing on a single arbitrator. If the parties so agree, the provisions of settling a grievance prior this article relating to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator board shall be borne equally by the parties apply mutatis mutandis to the arbitration proceedingssingle arbitrator.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 9.01 Failing settlement under the grievance procedure of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, either party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration may within fourteen (14) calendar days after following a reply in the date the decision at Step 2 final step of the grievance procedure was or should have been given. procedure, submit such grievance to arbitration as set out hereunder.
9.02 The matter is notice shall be in writing addressed to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual the other party and shall contain the name of the above panel whofirst [1st] party's appointee to the Board of Arbitration.
9.03 Within fourteen (14) calendar days thereafter the recipient of the notice shall inform the other party of the name of its appointee to the Board.
9.04 The two (2) appointees shall within fourteen (14) calendar days of the appointment of the second [2nd] of them, having been requested in their turn to act as arbitrator on an arbitration, select a third [3rd] person who shall be unable the Chairperson. If the two (2) parties fail to agree upon a Chairperson within the time prescribed, either party may request the Minister of Labour to appoint a Chairperson.
9.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or unwilling to act, they settle the grievance.
(a) The Arbitration Board shall not again be requested have jurisdiction to act as arbitrator on amend or add to any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part provisions of this Agreement, nor shall they have the authority or to make substitute any decisions provision in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement.
(b) Where the Arbitration Board determines that a nurse has been discharged, suspended or otherwise disciplined by the Employer for cause and there is no specific penalty for the infraction agreed to by the Employer and the Association as comprising a part hereof. The arbitrator shall have , the authority, within Arbitration Board may substitute such other penalty as the above limitations, to dispose of grievances Arbitration Board deems just and reasonable in such manner as they may deem just in all the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions 9.07 No matter shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration dealt with at Arbitration which has not been properly carried through all the requisite Steps previous steps of the grievance procedure.
10.10 9.08 The time limits set out in written decision of the grievance procedure (Article 9) majority of the Board of Arbitration or if there is no majority, of the Chairperson shall be final and binding upon the Employer, the Association and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Unionnurse or nurses concerned.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs 9.09 Each of the mediator are not borne by parties will bear the Province of Manitoba, the expenses and fees expense of the mediator Arbitrator appointed by it and each of them shall be borne equally by pay half the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one remuneration and expenses of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeChairperson.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a 23.01 Any grievance concerning the interpretation, application, administration or alleged violation of this Agreement which has been processed through the grievance procedure and which has not been settled, will be submitted to arbitration, that party shall notify the other party of its desire to submit the matter referred to arbitration at the request of either party. The notice for arbitration must be given in writing within fourteen fifteen (1415) calendar working days after the date receipt of the decision at Step 2 2.
23.02 The grievance shall be heard by a single Arbitrator unless either party provides written notice to the other, no later than five (5) working days after the delivery of the notice of arbitration, that it requires that the grievance procedure was or should have been givenbe heard by a three-person Board of Arbitration, In such case, the notice shall include the name of the requesting party’s nominee to the Board of Arbitration. The matter is party receiving such notice shall have five (5) working days to be submitted appoint its nominee, and the nominees together shall have a further five (5) working days to appoint a chairperson.
23.03 If the parties fail to agree to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Arbitrator within ten (10) days of the above panel who, having been requested in their turn to act as arbitrator on an notice for arbitration, shall be unable or unwilling if their nominees fail to actappoint a chairperson as provided above, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on either party may request that the regular rotation Ontario Minister of Labour make the panelnomination.
10.03 23.04 The arbitrator Board of Arbitration or single Arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, hear and determine the matter will be referred to the Manitoba Labour Board and shall issue a decision which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all the parties concernedand upon any employee affected by it. The decision of the majority shall be the decision of the Board of Arbitration or single Arbitrator, but if there is no majority decision, the decision of the chairperson shall govern.
10.08 23.05 The Company Board of Arbitration or single Arbitrator shall not have any power to add to, delete from, or modify the provisions of this Agreement or to substitute any new provisions, nor to give any decision inconsistent with the terms and the Union provisions of this Agreement.
23.06 Each party hereto shall each pay one-half (½) bear its own costs and incidentals to any such arbitration proceedings. The fees and charges of the fees and expenses Chairperson of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps Board of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator Arbitration or single Arbitrator shall be borne equally by the parties to the arbitration proceedingshereto.
10.12 Grievances referred 23.07 Employees whose attendance is required at arbitration hearings shall receive permission from the Employer to arbitration concerning disciplinary matters and/or only affecting an individual employee be absent from work. Time spent in such proceedings during the working day shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at considered time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeworked.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 (a) When a either party desires requests that a grievance be submitted to arbitration, that such party shall notify make the request in writing addressed to the other party to this Agreement. Within ten (10) working days, the parties shall meet and attempt to select an impartial arbitrator from their pre- established list of its desire arbitrators as outlined in 8.01(b).
(b) The parties will select from a pre-established list of impartial arbitrators.
8.02 Where none of the arbitrators from the pre-established list are available within ninety (90) working days, the parties shall jointly, within five (5) working days, request the Minister of Labour to submit to them a list of five (5) names from which the arbitrator will be selected by striking. The party requesting arbitration shall first strike one name from the list and each party shall thereafter strike names alternatively until one remains. The person whose name remains shall be designated as the arbitrator.
8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
8.04 The unsuccessful party will bear the expenses of the impartial arbitrator subject to the Arbitrator's discretion. Each party shall bear the expenses of their witnesses.
8.05 Subject to the provisions of Article 7 above, no matter may be submitted to arbitration within fourteen (14) calendar days after the date the decision at Step 2 Arbitration, which has not been carried through Stage Two of the grievance procedure was or should have been givenprocedure. The matter is parties agree that failure to comply with 7.01 does not constitute a bar to Arbitration. Particulars and documents to be submitted to a single arbitrator to relied upon at Arbitration will be chosen exchanged between the parties at least two weeks in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual advance of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelhearing date.
10.03 8.06 The arbitrator Arbitration Board shall not be deemed authorized to be willing to act unless they are in make any decision inconsistent with the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none provisions of the above arbitrators is willing Agreement, to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this the Agreement, nor and shall they have deal only with differences between the authority parties arising from the interpretation, application, administration or alleged violation of this Agreement including any question as to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstanceswhether a matter is arbitrable.
10.07 8.07 The findings proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the arbitrator on all arbitrable questions shall such Board will be final and binding upon all the parties concernedhereto.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps 8.08 At any stage of the grievance procedure.
10.10 The time limits set out in , including arbitration, the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and conferring parties may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request have the assistance of a grievance mediator from the Manitoba Labour Board. In employee, or employees, concerned and any necessary witnesses, or documents relevant to the event issue, and all reasonable arrangements will be made to permit the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the conferring parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant have access to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, plant to view disputed operations and to confer with the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputenecessary witnesses.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 14:01 If a grievance is not settled at Step 2, either party may notify the other within a further period of fifteen (15) working days (five [5] days in the case of a suspension or discharge grievance) after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the grievance, a statement of the issue in dispute, and a statement of the type of remedy sought by the party from an arbitrator.
14:02 The provisions of this article shall be submitted based on the use of a single arbitrator, unless the provisions of Article 14:06 are specifically invoked. Sole Arbitrators shall be selected in rotation from the following list, commencing with the first person named. For each successive referral to arbitration, that party the next person named shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting ofselected: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇
10.02 ▇▇▇▇ If any individual the person selected is unavailable within a reasonable time, the next person on the list shall be selected. Should none of the above panel whobe available within a reasonable time, having been requested in their turn the parties may select a mutually agreeable alternative. In any event, the parties shall attempt to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation select a Sole Arbitrator within twenty (20) working days of the panel.
10.03 The arbitrator shall not be deemed notice of intent to be willing proceed to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selectionarbitration. In the event none of that the above arbitrators is willing parties are unable to convene agree on a hearing within twenty-eight nine (289) daysmonths, either party may request that the matter will Minister of Labour appoint a Sole Arbitrator.
14:03 An arbitrator shall not have the authority to make any decision which is inconsistent with the terms of the Agreement nor to add to or amend any of the terms of the Agreement. The jurisdiction of the arbitrator shall be referred confined to the Manitoba Labour Board which shall appoint an arbitratorissue in dispute. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedthe parties.
10.08 14:04 In the event that an arbitrator deals with a matter relating to discharge, suspension or disciplinary action, then the arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award he/she may deem just and reasonable which would be consistent with the terms of the Agreement.
14:05 The Company parties shall jointly and the Union shall each pay one-half (½) of equally bear the fees and expenses of the arbitrator.
10.09 No 14:06 Either party may request the establishment of a board of arbitration in respect of any grievance may be submitted for arbitration. In such a case, the parties shall each appoint a nominee to the board of arbitration which has not been properly carried through all and the requisite Steps chairperson of the grievance procedure.
10.10 The time limits board of arbitration will be one of the arbitrators set out in Article 14:02 above or such other chairperson as the grievance procedure (Article 9) two nominees appointed by the parties otherwise agree. Each party shall bear the fees and expenses of its own nominee to an arbitration board, and the arbitration parties shall jointly and equally bear the fees and expenses of the Chairperson. The provisions (Article 10) are mandatory of Articles 14:01, 14:03, 14:04, 14:07, and 14:08 apply to a board of arbitration. The decision shall be unanimous or one reached by the majority of the members of the board; however, if there is no majority decision of the board, then the decision of the Chairperson shall constitute the final and binding decision of the board.
14:07 Saturdays, Sundays and University holidays will not be counted in determining the time within which action is to be taken or completed under the Grievance Procedure.
14:08 Time limits set forth in this article may only be extended by mutual agreement in writing between the Company and the Unionparties hereto.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 13:01 If a grievance is not settled at Step 3, either party may notify the other within a further period of fifteen (15) working days after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the grievance, a statement of the issue in dispute, and a statement of the type of remedy sought by the party from an arbitrator.
13:02 The provisions of this article shall be submitted based on the use of a single arbitrator, unless the provisions of Article 13:06 are specifically invoked. Sole Arbitrators shall be selected in rotation from the following list, commencing with the first person named. For each successive referral to arbitration, that party the next person named shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting ofselected: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ If any individual the person selected is unavailable within a reasonable time, the next person on the list shall be selected. Should none of the above panel whobe available within a reasonable time, having been requested in their turn the parties may select a mutually agreeable alternative. In any event, the parties shall attempt to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation select a Sole Arbitrator within twenty (20) working days of the panel.
10.03 The arbitrator shall not be deemed notice of intent to be willing proceed to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selectionarbitration. In the event none of that the above arbitrators is willing parties are unable to convene agree on a hearing within twenty-eight (28) daysa reasonable time, either party may request that the matter will Minister of Labour appoint a Sole Arbitrator.
13:03 An arbitrator shall not have the authority to make any decision which is inconsistent with the terms of the Agreement nor to add to or amend any of the terms of the Agreement. The jurisdiction of the arbitrator shall be referred confined to the Manitoba Labour Board which shall appoint an arbitratorissue in dispute. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedthe parties.
10.08 13:04 In the event that an arbitrator deals with a matter relating to discharge, suspension or disciplinary action, then the arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award he/she may deem just and reasonable which would be consistent with the terms of the Agreement.
13:05 The Company parties shall jointly and the Union shall each pay one-half (½) of equally bear the fees and expenses of the arbitrator.
10.09 No 13:06 Either party may request the establishment of a board of arbitration in respect of any grievance may be submitted for arbitration. In such a case, the parties shall each appoint a nominee to the board of arbitration which has not been properly carried through all and the requisite Steps chairperson of the grievance procedure.
10.10 The time limits board of arbitration will be one of the arbitrators set out in Article 13:02 above or such other chairperson as the grievance procedure (Article 9) two nominees appointed by the parties otherwise agree. Each party shall bear the fees and expenses of its own nominee to an arbitration board, and the arbitration parties shall jointly and equally bear the fees and expenses of the Chairperson. The provisions (Article 10) are mandatory of Articles 13:01, 13:03, 13:04, 13:07, and 13:08 apply to a board of arbitration. The decision shall be unanimous or one reached by the majority of the members of the board; provided, however, that if there is no majority decision of the board then the decision of the Chairperson shall constitute the final and binding decision of the board.
13:07 Saturdays, Sundays and University holidays will not be counted in determining the time within which action is to be taken or completed under the Grievance Procedure.
13:08 Time limits set forth in this article may only be extended by mutual agreement in writing between the Company and the Unionparties hereto.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires 9.01 Both parties to this Agreement agree that a properly constituted grievance be submitted to arbitrationas defined in Article 8 - Grievance Procedure, that party shall notify paragraph 8.01, which has been properly carried through all the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 requisite steps of the grievance procedure was as outlined in Article 8 and which has not been settled or should have been given. The abandoned, may be referred to arbitration, at the written request of either of the parties thereto.
9.02 All agreements reached under the grievance procedure between the representatives of the Employer, the representatives of the Union and the grievor(s) will be final and will be considered resolved.
9.03 When either party requests that any matter is to be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time identify a single arbitrator choice for a sole arbitrator. Within ten (10) calendar days thereafter, the other party shall identify its’ choice of a sole arbitrator. The parties may confer in an effort to be chosen in rotation from seek agreement on a sole arbitrator, or where there is no agreement within a period of twenty (20) calendar days, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. Where a party prefers to use a full panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an for arbitration, such panel shall be referred to as the Arbitration Board, and each side as noted above shall identify a nominee to the Arbitration Board. The parties shall attempt to agree upon a Chair. If they are unable or unwilling to actagree upon such a Chair within a period of twenty (20) calendar days, they shall not again be requested then request the Minister of Labour for the Province of Ontario to act as arbitrator on any arbitration until their name comes up again on the regular rotation appoint a Chair. Each of the panelparties will bear the expense of its nominee, where necessary, and the parties will share equally the fees and expenses of the Chair of the Arbitration Board.
10.03 9.04 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided.
9.05 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.
9.06 The arbitrator Arbitrator or Arbitration Board shall not be deemed authorized to be willing make any decision inconsistent with the provisions of this Agreement, or to act unless they are in the position alter, modify, add to convene the hearing within twenty-eight (28) days from the date or amend any part of their selection. In the event none this Agreement.
9.07 The proceedings of the above arbitrators is willing to convene a arbitration hearing within twenty-eight (28) days, the matter will be referred to expedited by the Manitoba Labour Board which shall appoint an arbitratorparties. The decision of the arbitrator majority, and where there is no majority, the decision of the Chair, will be final and binding upon the parties hereto and the employee(s).
9.08 The time limits set out in this article are mandatory and failure to comply strictly with such time limits, except by written agreement of the parties, shall result in the grievance being deemed to have been abandoned.
9.09 Notwithstanding the time limits as set out herein, in the interest of bringing the matter to an expeditious conclusion, where the decision or response is provided in less than the number of days provided above, any subsequent response will measure from the receipt of the response.
9.10 Employees who are summoned or subpoenaed and whose attendance is required at arbitration hearings shall receive permission to be absent from work with pay.
9.11 The Arbitrator or Arbitration Board shall be given within governed by the following provisions:
(a) The Arbitrator or Arbitration Board shall hear and determine the grievance and issue a period of twenty-one decision which is final and binding on the parties and upon any employee affected by it.
(21b) days after the closing The decision of the arbitration hearingmajority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chair governs.
10.04 (c) The arbitrator may Arbitrator or Arbitration Board shall determine their its own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 29.01 The Party desiring arbitration shall submit a party desires that a grievance be submitted to arbitration, that party list of four (4) Arbitrators and shall notify the other party Party in writing of the name and address of the persons so nominated and particulars of the matter in dispute.
29.02 The Party receiving the notice shall within five (5) days thereafter notify the other Party of its desire selection, if any, from the Arbitrators submitted.
29.03 Failing agreement, the two (2) parties shall confer to submit the matter select an Arbitrator and failing for three (3) days to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling person willing to act, they either of them may apply to the Honourable Minister of Labour to appoint an Arbitrator.
29.04 The Arbitrator shall not again be requested to act as arbitrator on any arbitration until their name comes up again on sit, hear the regular rotation Parties, settle the terms of the panel.
10.03 The arbitrator shall not be deemed question to be willing to act unless they are in the position to convene the hearing arbitrated, and make its award within twenty-eight ten (2810) days from the date of their selection. In the event none appointment of the above arbitrators Chairman, provided the time may be extended by agreement of the Parties.
29.05 If the Arbitrator finds that an employee has been unjustly suspended, discharged, or laid- off, that employee shall be reinstated by the Company without loss of pay and with all his/her rights, benefits and privileges which he/she would have enjoyed if the suspension, discharge or layoff had not taken place, provided that if it is willing shown to convene a hearing within twenty-eight (28) daysthe Arbitrator that the employee had been in receipt of wages during the period between discharge, suspension or layoff and reinstatement, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator amount so received shall be given within a period of twenty-one (21) days after deducted from wages payable by the closing of the arbitration hearingemployer pursuant to this Clause.
10.04 29.06 The arbitrator may Arbitrator shall have power to determine their own procedure but shall give full opportunity to all parties to present evidence and to make representationswhether a particular issue is arbitrable under this Agreement.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and 29.07 If the award of the arbitrator shall be confined to Arbitrator is subsequently set aside by a court of competent jurisdiction the issues therein set out.
10.06 In no event shall question shall, at the arbitrator alterrequest of either Party, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through another Arbitrator appointed pursuant to and with all the requisite Steps powers provided by this Clause.
29.08 The expenses and remuneration of the grievance procedureArbitrator shall be paid by the Parties in equal shares.
10.10 The time limits set out in 29.09 Without restricting the grievance procedure (Article 9) and specific powers herein before mentioned, the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between Arbitrator shall have all the Company and the Uniongeneral powers of an Arbitration Board.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba29.10 Upon mutual agreement, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by may utilize a three (3) person panelpanel of Arbitrators. The chair In such case, each party shall be selected from one of the three individuals listed in Article 10.01 as per this article appoint a designate within five (5) days, and the panel two (2) designates selected shall be completed by an appointee of the Union and an appointee of the Companyagree upon a Chairperson within five (5) additional days. Time limits shall be followed in accordance with this article. If either the Company or the Union refer Failing agreement upon a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instancesChairperson, the parties agree that they shall appoint their nominees apply to the panel, which shall be chaired by the arbitrator elected by the Manitoba Honourable Minister of Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter as outlined in dispute29.03 above.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify In the other party of its desire to submit event the matter to arbitration within fourteen (14) calendar days after aggrieved person together with the date Association is not satisfied with the decision at Step 2 disposition of the grievance procedure was at Level Two or should have if no decision has been given. The matter is to rendered within twenty (20) days of the written Level Two grievance request, the grievance may be submitted in writing within twenty (20) days to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an binding arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 . The arbitrator shall be mutually agreed to by the parties, or if they cannot agree, the arbitrator shall be deemed selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground to or rely on any evidence not previously disclosed to the other. It shall be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none function of the above arbitrators arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement.
1. It is willing expressly agreed that the power of the arbitrator shall be limited in each case to convene the resolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or modify, any of the terms of this Agreement. Arbitration shall be limited to a hearing within twenty-eight (28) dayssubstantiated claim of misinterpretation, misapplication, or violation of the negotiated Agreement. When the arbitrability of the issue is challenged, the matter will be referred to arbitrator shall first hear and rule on the Manitoba Labour Board which shall appoint an arbitratorquestion of arbitrability before hearing the merits of the issue. The decision of the arbitrator shall be given within a period final and binding on both parties, when the arbitrator has not exceeded the limitations placed upon arbitration by the provisions of twenty-one (21) days after the closing of the arbitration hearingthis negotiated Agreement.
10.04 2. The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence fees and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award expenses of the arbitrator shall be confined to shared equally by the issues therein set out.
10.06 In no event shall Board and the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereofAssociation. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions All other expenses shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province party incurring them and neither party shall be responsible for the expense of Manitoba, witnesses called by the expenses and fees other.
3. No decision in any one case shall require retroactive adjustment in any other case.
4. He/she shall have no power to establish salary scales.
5. He/she shall have no power to rule on any of the mediator following:
a. The termination of services of or failure to re-employ any pro- bationary teacher.
b. The termination of services or failure to reemploy any teacher to a position other than his/her basic position.
c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher's Tenure Act (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended).
d. Any matter involving teacher evaluation except as outlined in this Agreement.
e. Discretionary action reserved to the District.
f. Curriculum, textbook selection and course content.
g. Teacher assignment, transfer and evaluation.
h. Reduction in personnel except specific negotiated procedures, arbitration of procedures shall be borne equally by the parties limited to the arbitration proceedingsa procedural remedy.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Arbitration. 10.01 When 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either party desires that a may after exhausting any grievance be submitted to arbitrationprocedure established by this agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration within fourteen (14) calendar days after arbitration. The notice shall contain the date the decision at Step 2 name of the grievance procedure was or should have been givenparty’s appointee to an Arbitration Board and shall be delivered to the other within thirty (30) days of the reply under Step 3 of the Grievance Procedure. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual recipient party shall, within ten working days, advise the other of the above panel who, having been requested in their turn name of its appointee to act as arbitrator on an arbitration, the Arbitration Board.
8.02 The two appointees so selected shall appoint a third person who shall be unable the Chairman. If the recipient party fails to appoint its member or unwilling if the two appointees fail to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene agree upon a hearing within twenty-eight (28) daysChairman, the matter will appointment shall be referred to made by the Manitoba Minister of Labour Board which shall appoint an arbitratorupon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all the parties concernedand upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board.
10.08 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
8.04 The Company and the Union Board of Arbitration shall each pay one-half (½) not have power to alter or change any of the provisions of this agreement, nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement.
8.05 Where a grievance resulting from a discharge or suspension which is filed under Article 7 is not settled and duly comes before an arbitration board, the board may make a ruling:
(a) Confirming the employer’s action; or
(b) Reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or
(c) Disposing of the grievance in any other manner that may be deemed by the board to be just and equitable.
8.06 The fees and expenses of the arbitrator.
10.09 No grievance may Chairman shall be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended paid one- half each by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 7.01 When a either party desires requests that a grievance be submitted to arbitration, that party the request shall notify be made by registered mail addressed to the other party of its desire to submit the matter to arbitration Agreement, within fourteen forty (1440) calendar working days after following the date the decision at Step 2 exhaustion of the grievance procedure was or should have been givenprocedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The matter is two (2) appointees shall select an impartial chair.
7.02 If the two (2) appointees fail to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Chair within seven (7) days of their appointment, the above panel who, having been requested in their turn to act as arbitrator on an arbitration, appointment shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to made by the Manitoba Labour Board which shall appoint an arbitrator. The decision upon request of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingeither party.
10.04 7.03 The arbitrator may determine their his own procedure procedure, but shall give full opportunity to all parties to present evidence and make representations to make representationshim. The arbitrator shall render his decision within ten (10) working days from the time he holds his final meeting.
10.05 In any arbitration, the written representation 7.04 The decision of the aggrieved employee at Step 2 majority of the grievance procedure (or, in the case of a policy grievance, the written representations members of the Union or the Company at Step 2) and Arbitration Board is the decision of the Company (orArbitration Board and, in if there is no decision that is common to a majority of the case of a policy grievancemembers, the decision of the Union) at Step 2 Chair of the grievance procedure Arbitration Board shall be presented deemed to be the arbitrator, and the award decision of the arbitrator Arbitration Board. The decision of the Arbitration Board shall be confined final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to the issues therein set out.
10.06 In no event shall the arbitrator change this Agreement or to alter, modify or amend any part of its provisions or make any decision contrary to the provisions of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings 7.05 Each party shall pay:
a) the fees and decision expenses of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.nominee it appoints, and
10.08 The Company and the Union shall each pay b) one-half (½) of the fees and expenses of the arbitratorChair.
10.09 No grievance may be submitted 7.06 In the case of dismissal of, or other discipline to arbitration which has not been properly carried through all any employee (except an employee in her probationary period) for just cause, the requisite Steps justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance procedureas hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in his opinion appears to be just and equitable.
10.10 7.07 The time limits set out in both the grievance and arbitration procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement and shall be confirmed in writing between the Company and the Unionwriting.
10.11 In 7.08 Nothing herein shall prohibit the interest parties from agreeing on a single arbitrator. If the parties so agree, the provisions of settling a grievance prior this article relating to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator board shall be borne equally by the parties apply mutatis mutandis to the arbitration proceedingssingle arbitrator.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a either party desires that wishes to have a grievance be submitted referred to arbitration, that party arbitration it shall notify give written notice of such referral to the other party of within the time limits set out above, and at the same time appoint its desire nominee to submit the matter to arbitration within fourteen Arbitration Board. Within nine (149) calendar days after days, the date other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the decision at Step 2 Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The two nominees shall attempt to select, by agreement, a chairman of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇Arbitration Board.
10.02 If any individual of No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelgrievance.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the No matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureGrievance Procedure.
10.10 10.04 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to, or amend any part of this Agreement.
10.05 The proceedings of the Arbitration Board may be expedited by the parties hereto; and the decision of the majority shall be final and binding. Where there is no majority, the decision of the Chairman will be final and binding upon the parties hereto and the nurse or nurses concerned.
10.06 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses of the chairman of the Arbitration Board.
10.07 The time limits set out in the grievance procedure (Article 9) Grievance and the arbitration provisions (Article 10) Arbitration Procedures herein are mandatory and may only be extended failure to comply strictly with such time limits, except by mutual the written agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by parties, shall result in the Province grievance being deemed to have been abandoned, subject only to the provisions of Manitoba, the expenses and fees Section 44(6) of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that .
10.08 Wherever Arbitration Board is referred to in this arbitration be heard by a three (3) person panel. In those instancesAgreement, the parties may mutually agree that they shall appoint their nominees in writing to the panel, which shall be chaired by the substitute a single arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of Arbitration Board at the matter in disputetime the reference to arbitration and the other provisions referring to Arbitration Board shall apply accordingly.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 9.01 As a party desires condition precedent to any right of action hereunder, in the event of any dispute or difference of opinion hereafter arising between the Company and the Reinsurer with respect to this Agreement, or with respect to these Parties' obligations hereunder, it is hereby mutually agreed that a grievance such dispute or difference of opinion shall be submitted to arbitration, that party .
9.02 One arbiter (an "Arbiter") shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of by the above panel who, having been requested in their turn to act as arbitrator on an arbitration, Company and one Arbiter shall be unable chosen by the Reinsurer and an umpire (an "Umpire") shall be chosen by the Arbiters, all of whom shall be active or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation retired disinterested executive officers of the panelproperty and casualty insurance or reinsurance companies.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. 9.03 In the event none that a party fails to choose an Arbiter within thirty (30) days following a written request by either party to the other to name an Arbiter, the party who has chosen its Arbiter may choose the unchosen Arbiter. Thereafter, the Arbiters shall choose an Umpire before entering upon arbitration. If the Arbiters fail to agree upon the selection for the Umpire within thirty (30) days following their appointment, each Arbiter shall name three nominees, of whom the other shall decline two, and the decision shall be made by drawing lots.
9.04 Each party shall present its case to the Arbiters and Umpire within a reasonable amount of time after selection of the above arbitrators Umpire, unless the period is willing to convene extended by the Arbiters and the Umpire in writing and/or at a hearing within twenty-eight (28) daysin Dallas, Texas. The Arbiters and Umpire shall consider this Agreement as an honorable engagement, as well as a legal obligation, and they are relieved of all judicial formalities and may abstain from following the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorstrict rules of law regarding entering of evidence. The decision in writing by a majority of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence Arbiters and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent Umpire when filed with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions Parties shall be final and binding on the parties. Judgment upon all parties concernedthe final decision of the Arbiters and Umpire may be entered in any court of competent jurisdiction.
10.08 The Company and 9.05 In the Union shall each pay one-half (½) event of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing a dispute between the Company and the UnionReinsurer concerning this Agreement and the General Agency Agreement (regardless of whether either party has claims against the General Agent), the entire dispute between the Company and the Reinsurer shall be subject to arbitration as provided in this Article IX.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the 9.06 The costs of the mediator are not borne by arbitration, including the Province of Manitoba, the expenses and fees of the mediator arbitrators and the umpire, shall be borne equally by unless the parties Arbiters and Umpire shall decide otherwise.
9.07 This Agreement shall be interpreted under the laws of Texas and the arbitration shall be governed and conducted according to the arbitration proceedingsTexas General Arbitration Act.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Excess of Liability Reinsurance Agreement (Tower Group, Inc.), Excess of Liability Reinsurance Agreement (Direct General Corp), Excess of Liability Reinsurance Agreement (Direct General Corp)
Arbitration. 10.01 When If the Association elects arbitration, the Department of Human Resources or its designee and the Association or its designee shall discuss selection of an Arbitrator. If the parties agree on an Arbitrator, the District’s designee shall submit a party desires request within five (5) work days to the selected individual to preside over the Grievance. In the event that the parties cannot agree on the choice of an Arbitrator, they shall submit a grievance joint request to the American Arbitration Association for a list of seven (7) Arbitrators skilled in arbitration of educational and/or clerical workplace issues. Within ten (10) work days of the receipt of the list, representatives of the Association and the District shall meet and alternately strike a name on the list. The last name remaining shall be the appointed Arbitrator.
5.4.3.2.1 The Arbitrator will have authority to hold hearings and make procedural rules.
5.4.3.2.2 All hearings held by the Arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings.
5.4.3.2.3 The Board and Association will present all relevant material so that the Arbitrator will have complete information upon which to base a decision. A copy of any information presented to the Arbitrator will be provided to the Association by the Board and to the Board by the Association in advance of the hearing.
5.4.3.2.4 The Association and the District will mutually exchange written witness lists at least two work days in advance of the hearing.
5.4.3.2.5 The Arbitrator will issue a report within thirty (30) business days after the close of the hearings and submission of any post hearing briefs. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement.
5.4.3.2.6 The Arbitrator’s report shall be submitted in writing to arbitrationthe Board and the Association only, that party and shall notify set forth the other party Arbitrator’s finding of its desire fact, reasoning, conclusions, and recommendations on the issues submitted. The Arbitrator’s recommendations shall be consistent with law and with the terms of this Agreement. The Arbitrator’s report shall be advisory only, and not binding on the Board or the Association.
5.4.3.2.7 Within seven (7) work days after receiving the report of the Arbitrator, the Board’s designee and the Association’s designee will meet to discuss the report. If the Association wishes to respond to the Arbitrator’s recommendation, the Association may submit a written response to the matter to arbitration Board’s designee within fourteen (14) calendar work days following the Association’s receipt of the report of the Arbitrator. The Board will review and consider any documents provided by the District or its designee and any response by the Association and shall accept or reject the Arbitrator’s recommended decision at the next regular meeting of the Board of Education after receipt of the Arbitrator’s recommended decision unless the Association and the Board agree in writing to extend this deadline. No public release may be made until after the date issue has been submitted to the decision at Step 2 Board for its decision.
5.4.3.2.8 The costs for the services of the grievance procedure was Arbitrator or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel whomediator including per diem expenses, having been requested in their turn to act as arbitrator on an arbitrationif any, plus actual and necessary travel and subsistence expenses, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on shared equally by the regular rotation Board and the Association.
5.4.3.2.9 Upon mutual written consent of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in Association and the position to convene Board, or at the hearing within twenty-eight (28) days from the date of their selection. In the event none request of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysarbitrator, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within parties may make a period of twenty-one (21) days after the closing recording of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereofproceedings. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either Any party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs an official stenographic record of the mediator are not borne by the Province of Manitoba, the expenses and fees testimony of the mediator hearings. The party requesting shall be borne equally by pay the costs. If the other party requests a copy of the record, both parties to shall split the arbitration proceedingscost of making the stenographic record.
10.12 Grievances referred 5.4.3.2.10 In appropriate cases, both parties may agree to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In follow the sole discretion expedited rules and procedures of either the Company American Arbitration Association or the UnionFederal Mediation and Conciliation Services FMCS in processing any Grievance at Level III, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in except that the future, Arbitrator shall always be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration chosen pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeArticle 5.5.3.2.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify a) The parties will review case by case the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 appropriateness of the grievance procedure was or should have been given. The matter is following expedited arbitration process for grievances arising from the Expedited Redeployment Grievance process.
b) An arbitrator acceptable to the parties, will be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act retained as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter for Employment Continuity grievances and he will be referred asked to deal with agreed-upon cases according to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one terms (21c) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereofbelow. The arbitrator shall have control the authority, within proceedings and retain jurisdiction to require further submissions of fact or argument as he deems necessary to determine the above limitations, to dispose of grievances in such manner as they may deem just in the circumstancesmatter.
10.07 c) The findings and decision of expedited arbitration process will require the arbitrator following:
i. each grievance can be heard on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No one day, more than one grievance may be submitted scheduled per day subject to arbitration which has not been properly carried through all the requisite Steps arbitrator’s direction.
ii. the parties will prepare and sign a Joint Statement of the grievance procedurefacts giving rise to the dispute, the facts in dispute (to the extent practicable), and any agreement as to the issues to be decided by the arbitrator. The Joint Statement must be developed prior to scheduling the hearing date.
10.10 iii. each party will present three copies of a Case Statement at the outset of the hearing. The time limits Case Statement will state the issues to be determined, the facts on which the party relies, and a summary of the position of the party, supported by documentary exhibits and references to the Collective Agreement, jurisprudence or other authorities.
iv. witnesses may be called where the arbitrator rules that there is a material factual dispute and determines which parts of the evidence sought to be called appear relevant and material to the determination of the grievance. Witnesses will be under oath and subject to examination and cross-examination.
v. oral argument will be limited to the position of the party set out in the grievance procedure (Article 9) Case Statement and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between rebuttal of the Company and the Unionother party’s argument.
10.11 In vi. the interest of settling arbitrator will determine the matter as soon as possible, with a grievance prior written decision issued to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs parties within ten working days of the mediator are hearing date. Failure to meet a time limitation under this process will be deemed a technicality that does not borne invalidate the proceedings or the award.
d) Where the parties do not agree that a case is appropriate for this procedure, it will be dealt with by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties same arbitrator as a conventional referral to the arbitration proceedingsarbitration.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When (a) The parties agree that any grievance which has been properly carried through all of the above steps and which has not been settled shall, upon the written request of one of the parties made within thirty-one (31) days of the answer of the Joint Standing Committee and delivered to the other party within such time, be referred to a party desires that Board of Arbitration or, if the Company and the Union agree, to a single arbitrator.
(b) If no written request is received within the time stipulated, the grievance shall be deemed to have been settled in accordance with the answer made by the Employer designate and shall not be submitted to arbitrationarbitration or be arbitrable.
(c) In the case of a Board of Arbitration the board will be composed of one person appointed by the Employer, that one person appointed by the Union, and a third person to act as Chairman, to be chosen by the other two members of the Board. Within fifteen (15) days of the request by either party, each party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is name of his appointee.
(d) Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third person within three (3) weeks of notification as set out above, the Minister of Labour for the Province of Ontario may be submitted asked to nominate a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn person to act as arbitrator on an arbitrationChairman.
(e) Decisions of the Board of Arbitration, or a majority thereof, shall be unable or unwilling to act, they binding on both parties. Decisions of a sole arbitrator shall not again be requested to act as arbitrator binding on any arbitration until their name comes up again on the regular rotation of the panelboth parties.
10.03 (f) The Board of Arbitration or a sole arbitrator shall not be deemed have any power to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none alter, modify, amend or change any of the above arbitrators is willing provisions of this Agreement or to convene substitute any new provisions, or to give any decision inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by the agreement.
(g) The fees of the Chairman of a hearing within twenty-eight (28) daysBoard of Arbitration, or the matter fees of a single arbitrator, will be paid in equal shares by both parties.
(h) No person will be selected as arbitrator who has been directly involved in attempts to negotiate or settle the grievance.
(i) Whenever a grievance is referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievancedismissal of an Employee, such arbitration shall take precedence over any other arbitration case being studied at the written representations of same time, provided the Union or the Company at Step 2) and the decision of the Company (or, rules stipulated in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator present Agreement are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsviolated.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 11.01 Where a party desires that difference arises between the Parties relating to the administration, application, interpretation or alleged violation of this Agreement, including any question as to whether a grievance be submitted matter is arbitrable, the grieving Party may, within twenty (20) working days after the Step 2 written response is received or due, provide written notification to the other Party of its intention to proceed to arbitration.
11.02 An arbitration hearing will proceed before a single arbitrator.
11.03 In its written referral pursuant to Article 11.01, that party shall notify the other party referring Party will list three (3) proposed arbitrators. If the responding Party does not agree to any of its desire to submit the matter to 3 proposed arbitrators, it will propose three (3) alternate arbitrators within ten (10) working days after receiving the arbitration referral.
11.04 If the Parties cannot agree on an arbitrator within fourteen thirty (1430) calendar days after the date responding Party received the decision at Step 2 initial arbitration referral, then either Party may request that the Minister of Labour appoint a sole Arbitrator pursuant to the provisions of section 48 of the grievance procedure was or should have been givenLabour Relations Act, or, the Parties may continue to attempt to reach agreement on an arbitrator.
11.05 The fees and expenses of the Arbitrator will be shared equally by the Union and the University. Subject to 11.06, each Party shall bear the fees and expenses of its witnesses and of the preparation and presentation of its own case.
11.06 The Union must, with as much advance notice as possible, submit a leave request to the Director, Employee/Labour Relations for any bargaining unit employee whom the Union wishes to attend an arbitration hearing. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ grievor and Chief ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter designate will be referred to the Manitoba Labour Board which shall appoint paid at their regular hourly rate for time lost by them as a result of attending an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 11.07 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence Arbitrator has the power and authority provided for in the Labour Relations Act and to make representationshear and determine the grievance.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the 11.08 The Arbitrator’s decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented final and binding upon the Parties and upon any employee affected by it, subject to the arbitratorlimitation that the Arbitrator shall have no authority to make any decision that is inconsistent with the terms of this Agreement or to add to, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator subtract from, change, alter, modify or amend any part of the provision(s) of this Agreement, nor .
11.09 The Arbitrator shall they have the authority to make any decisions inconsistent deal solely with the provisions hereof. The arbitrator shall have the authority, matter in dispute within the above limitations, confines of this Agreement and any legislation over which the Arbitrator has the jurisdiction to dispose of grievances in such manner as they may deem just in interpret and apply pursuant to the circumstancesLabour Relations Act.
10.07 The findings and decision 11.10 Should the Parties disagree as to the meaning of the arbitrator on all arbitrable questions Arbitrator’s decision, either Party may apply to the Arbitrator to clarify the decision. This provision shall not be final and binding upon all parties concernedinterpreted such as to prevent either Party from seeking judicial review of an arbitrator’s decision.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 11.11 The time limits set out referred to in the grievance procedure (this Article 9) and the arbitration provisions (Article 10) are mandatory and 11 may only be extended by written mutual agreement in writing between of the Company and the UnionParties.
10.11 In 11.12 Nothing in this Article shall prevent the interest of settling a grievance prior Union or the University from exercising its right to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs use Section 49 of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 13.01 Where a party desires that difference arises between the Parties relating to the administration, application, interpretation or alleged violation of this Agreement, including any question as to whether a grievance be submitted to arbitrationmatter is arbitrable, that party shall notify the other party of its desire to submit the matter to arbitration grieving Party may, within fourteen (14) calendar 20 business days after the date the decision at Step 2 written response is received or due, provide written notification to the other Party of its intention to proceed to arbitration.
13.02 An arbitration hearing will proceed before a single arbitrator.
13.03 In its written referral pursuant to Article 13.01, the referring Party will list 3 proposed arbitrators. If the responding Party does not agree to any of the grievance procedure was or should have been given3 proposed arbitrators, it will propose 3 alternate arbitrators within 10 business days after receiving the arbitration referral.
13.04 If the Parties cannot agree on an arbitrator within 30 days after the responding Party received the initial arbitration referral, then either Party may request that the Minister of Labour appoint a sole Arbitrator pursuant to the provisions of section 48 of the Labour Relations Act, or, the Parties may continue to attempt to reach agreement on an arbitrator.
13.05 The fees and expenses of the Arbitrator will be shared equally by the Union and the University. Subject to Article 13.06, each Party shall bear the fees and expenses of its witnesses and of the preparation and presentation of its own case.
13.06 The Union must, with as much advance notice as possible, submit a leave request to the Director, Employee/Labour Relations for any bargaining unit employee whom the Union wishes to attend an arbitration hearing. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ grievor and Chief ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter designate will be referred to the Manitoba Labour Board which shall appoint paid at her/his regular hourly rate for time lost by her/him as a result of attending an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 13.07 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence Arbitrator has the power and authority provided for in the Labour Relations Act and to make representationshear and determine the grievance.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the 13.08 The Arbitrator’s decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented final and binding upon the Parties and upon any employee affected by it, subject to the arbitratorlimitation that the Arbitrator shall have no authority to make any decision that is inconsistent with the terms of this Agreement or to add to, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator subtract from, change, alter, modify or amend any part of the provision(s) of this Agreement, nor .
13.09 The Arbitrator shall they have the authority to make any decisions inconsistent deal solely with the provisions hereof. The arbitrator shall have the authority, matter in dispute within the above limitations, confines of this Agreement and any legislation over which the Arbitrator has the jurisdiction to dispose of grievances in such manner as they may deem just in interpret and apply pursuant to the circumstancesLabour Relations Act.
10.07 The findings and decision 13.10 Should the Parties disagree as to the meaning of the arbitrator on all arbitrable questions Arbitrator’s decision, either Party may apply to the Arbitrator to clarify the decision. This provision shall not be final and binding upon all parties concernedinterpreted such as to prevent either Party from seeking judicial review of an Arbitrator’s decision.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 13.11 The time limits set out referred to in the grievance procedure (this Article 9) and the arbitration provisions (Article 10) are mandatory and 13 may only be extended by written mutual agreement in writing between of the Company and the UnionParties.
10.11 In 13.12 Nothing in this Article shall prevent the interest of settling a grievance prior Union or the University from exercising its right to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs use Section 49 of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 8.01 When a either party desires requests that a grievance any matter be submitted to arbitrationarbitration as hereinbefore provided, that it shall make such request, in writing, addressed to the other party to this Agreement, and at the same time appoint their nominee.
8.02 Within fifteen (15) working days thereafter, the other party shall appoint their nominee and notify the other party of its desire to submit the matter to arbitration party.
8.03 The two nominees so nominated shall, within fourteen fifteen (1415) calendar working days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is nomination of the latter of them, attempt to settle by agreement the selection of the third person to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual member and chairperson of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selectionArbitration Board. In the event none of the above arbitrators is willing two nominees are unable to convene a hearing within twenty-eight (28) daysagree, the matter will be referred to Minister of Labour, upon the Manitoba Labour Board which shall request of either Party, may appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingchairperson.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 8.04 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureGrievance Procedure.
10.10 8.05 No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance.
8.06 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.
8.07 The proceedings of the Arbitration will be expedited by the parties hereto and the decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned.
8.08 Each of the parties hereto will jointly bear the fees and expenses of the Arbitrator. Each of the parties hereto will bear the fee and expenses of the nominee appointed by them.
8.09 The time limits set out fixed in both the grievance procedure (Article 9) Grievance and the arbitration provisions (Article 10) are mandatory and Arbitration Procedure may only be extended by mutual agreement in writing between consent of the Company and the Unionparties of this Agreement.
10.11 In the 8.10 A griever or any employee with a legally vested interest of settling a grievance prior to shall not lose any pay for regular time spent at an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour BoardArbitration Hearing. In the event the costs of the mediator are Necessary witnesses shall not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, lose any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board pay for the hearing day(s) of the matter in disputetestimony.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires 7.01 Both parties agree that a any grievance be submitted to arbitration, that party shall notify which has proceeded through the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 Grievance Procedure outlined in Article 6 of the grievance procedure was or should have Agreement and has not been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will settled may be referred to the Manitoba Labour Board which shall appoint an arbitratorArbitration. The Union and the Company may mutually agree to which form of arbitration that shall be used; Single Arbitrator or a Board of Arbitration with the default being a Single Arbitrator. Such requests must be submitted within thirty (30) regular working days following the decision rendered in Step 3 of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereofGrievance Procedure. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) agree to equally share the expenses associated with a single arbitrator.
7.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and a third party to act as Chairperson, chosen by the two other members of the fees Board. The Union and the Company will appoint its Board Member within ten (10) regular working days from the notice of Arbitration and will give notice of such appointment to the other party forthwith.
(a) The Board of Arbitration shall not have the power to alter, change or add to this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement.
(b) At the request of the Chairperson of the Board of Arbitration, the parties will make available witnesses to give oral or written evidence which in the Chairpersons opinion is relevant and necessary for the determination of the matters at issue.
(c) Notwithstanding the provisions of 7.03 (a), the Board of Arbitration shall have the authority to uphold, modify or set aside any discharge, suspension or other disciplinary measure.
7.04 The decision of the majority shall be the decision of the Board and shall be binding on both parties.
7.05 Each of the parties to this Agreement shall bear the expense of its appointee to the Board and share the expenses of the arbitratorChairman.
10.09 No grievance 7.06 Time limits may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual written agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsparties.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 14.01 Within twenty-five days (25) after the final response to a grievance properly processed under the Grievance Procedure involving the application, interpretation or alleged contravention of the provisions of this Agreement, or claiming wrongful disciplinary suspension or discharge of an Employee, and one of the parties is not satisfied with the response, the matter may be submitted to arbitration. In a case against the Employer, that party a written notice of arbitration shall notify be delivered to the Director of Human Resources and Organizational Effectiveness or their designate, and in a case against the Alliance, to the Alliance.
14.02 When a grievance is referred to Arbitration the parties shall within five (5) days inform the other party of the name of its desire appointee to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenboard. The matter is to be submitted to two appointees so selected shall, within ten (10) days choose a single third arbitrator to be chosen in rotation from serve as chairperson. Where they fail to reach agreement on a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) dayschairperson, the matter will shall be referred to the Manitoba Minister of Labour with the request that the Minister appoint a chairperson.
14.03 The Arbitration Board which shall appoint an arbitratorhear and determine the subject of the grievance and shall render a decision as soon as possible. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedthe parties.
10.08 The Company and the Union shall each pay one-half (½) 14.04 A decision of the fees and expenses majority of the arbitratormembers of the Arbitration Board shall be the decision of the Board. In the case where a majority decision cannot be rendered, the decision of the Chairperson shall be the decision of the Arbitration Board.
10.09 No grievance may 14.05 Each party shall bear the cost of the services of its appointee to a board of arbitration. The costs of the services of the Chairperson shall be submitted borne equally by both parties.
14.06 In lieu of a board of arbitration, the parties may, by mutual agreement, submit the matter in dispute to arbitration which has a single arbitrator acceptable to both parties who shall render a final and binding decision under the same terms and in the same fashion as a board of arbitration. The costs of the single arbitrator shall be borne equally by both parties.
14.07 An arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any term of this Agreement, and shall render a decision not been properly carried through inconsistent with the terms of this Agreement. An arbitrator shall have all the requisite Steps powers vested in it under the Canada Labour Code and this collective agreement and, in the case of discharge or disciplinary suspension, the grievance procedurepower to substitute for discharge or disciplinary suspension such other penalties that they consider just and reasonable in the circumstances.
10.10 14.08 In determining the time limits within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and Holidays shall be excluded.
14.09 The time limits set out stipulated in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsparties.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When 19.01 In case of any dispute or grievance arising that cannot be settled informally by the Joint Conference Board, then either of the parties to the dispute or grievance will be at liberty to refer the dispute or grievance to an Arbitration Board in the manner hereinafter provided for:
a) The party desiring arbitration shall appoint a member for the Board, and shall notify the other party desires that in writing of its appointment and particulars of the matter in dispute.
b) The party receiving the notice shall, within five (5) days thereafter, appoint a grievance be submitted to arbitration, that party shall member for the Board and notify the other party of its desire appointment.
c) The two (2) arbitrators so appointed shall confer to submit select a third person to be Chairman and failing for three (3) days from the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been given. The matter is second of them to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling person willing to act, they either of them may apply to the Minister of Labour to appoint such third member.
d) The Arbitration Board shall not again be requested sit to act as arbitrator on any arbitration until their name comes up again on settle the regular rotation terms of the panel.
10.03 The arbitrator shall not be deemed question to be willing to act unless they are in the position to convene the hearing arbitrated and make its award within twenty-eight ten (2810) days from the date of their selection. In the event none appointment of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysChairman, provided that the matter will time may be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision extended by agreement of the arbitrator parties.
e) The Board shall be given within a period of twenty-one (21) days after the closing deliver its award in writing to each of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator majority of the Board shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision award of the arbitrator on all arbitrable questions Board and shall be final and binding upon all parties concernedthe parties; and they shall implement it forthwith.
10.08 The Company 19.02 Each party shall pay its own expenses and costs of arbitration; the Union shall each pay remuneration and disbursements of its appointee to the Board and one-half (½1/2) of the fees compensation and expenses of the arbitratorChairman and of stenographic and other expenses of the Arbitration Board.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally 19.03 It is understood by the parties to entering into this Agreement that they exclude the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion operation of either the Company or the UnionSection 96, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one Sub-Section (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, of the parties agree that they shall appoint their nominees Industrial Relations Act of British Columbia unless agreed to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Joint Conference Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing , except in cases of the matter in disputefund contribution delinquencies or non-payment of funds.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Commercial Institutional Agreement, Commercial Institutional Agreement
Arbitration. 10.01 When Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party desires that a may, after exhausting any grievance be submitted to arbitrationprocedure established by this Agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other party within fourteen ten (1410) calendar working days after of the date reply under Step III. The recipient party shall within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board.
10.02 The two (2) appointees so selected shall, within fifteen (15) working days of the appointment of the second of them or at a time mutually agreed upon, appoint a third person who shall be the Chair. If the recipient party fails to appoint an Arbitrator, of if the two appointees fail to agree upon a Chair, within the time limit, the appointment shall be made by the Office of the Adjudication, Ministry of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on final and binding upon the parties and upon any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratoremployee affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orArbitration Board, in the case of a policy grievance, but if there is no majority the decision of the Union) at Step 2 Chair shall govern.
10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10.04 Each of the grievance procedure shall be presented to parties hereto will bear the arbitrator, expenses of an Arbitrator appointed by it and the award parties will jointly share the expenses of the arbitrator shall be confined to Chair of the issues therein set outArbitration Board, if any.
10.06 In no event 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the arbitrator provisions of the Agreement, nor to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either 10.06 Either party may request the assistance services of a grievance mediator from sole Arbitrator and if the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobaparties agree, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee case shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the UnionArbitrator, any policy grievance or however, all other grievance which could potentially affect more than one employee at time of referral or conditions as set forth in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in this Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputewill prevail.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When Either party may, failing settlement under the Grievance Procedure regarding any difference between the parties arising from the interpretation, application, administration or violation of this Collective Agreement, including any question as to whether a matter is arbitrable, submit such grievance to arbitration as follows:
a) If either party desires requests that a grievance be submitted to arbitration, that party within the time limits outlined above, the request shall notify be made by registered mail or personal service addressed to the other party to the Collective Agreement outlining its choices of its desire three (3) arbitrators to serve as a sole Arbitrator.
b) Within seven (7) working days thereafter, the other party shall answer by registered mail or personal service indicating acceptance to one of the three (3) arbitrators proposed by the other party or they shall submit their three (3) alternate choices for a sole Arbitrator.
c) If the parties cannot agree as to a sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, application may be made to the Ministry of Labour who shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation appoint an arbitrator.
10.02 Each of the panelparties shall be responsible for the fees and expenses of its own witnesses and counsel. The Employer and the Union shall share equally the fees and expenses of the sole Arbitrator.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions Arbitrator shall be final and binding upon all parties concernedthe Employer, the Union and the employees in the bargaining unit.
10.08 10.04 The Company and the Union Arbitrator shall each pay one-half (½) not have any power to alter or change any of the fees provisions of this Collective Agreement to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and expenses provisions of this Collective Agreement.
10.05 The parties to this Collective Agreement may, by mutual consent in writing, extend any of the arbitratortime limits set out in the Grievance and Arbitration procedures.
10.09 10.06 No grievance matter may be submitted to arbitration which that has not been properly carried through all the requisite Steps of previous steps in the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 7.01 Failing a settlement of the dispute at Step II and in accordance with Step III either party desires that a grievance be submitted may refer the unresolved dispute to arbitration, that party shall notify arbitration by registered mail addressed to the other party in accordance with 6.09 stating: (1) the name of its desire their appointee to submit the matter Arbitration Board; (2) a copy of the completed grievance form indicating the nature of relief or remedy sought; (3) article(s) violated. Within a further fifteen (15) day period the other party shall respond by registered mail indicating the name and address of their appointee to arbitration the Arbitration Board. The parties shall select an impartial chairperson.
(a) If the party receiving the notice fails to appoint an arbitrator, or if the two (2) parties fail to agree upon a Chairperson within fourteen the fifteen (1415) calendar days after days, the appointment shall be made by the appropriate Minister of the Crown upon the request of either party.
(b) Following the appointment of the Arbitrator/Arbitration Board referred to in 7.02(a) the date for the hearing will be set within six (6) months from the date the decision at Step 2 of Arbitration Board was appointed with the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation concluded within twelve (12) months from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on date the regular rotation of the panelArbitration Board was appointed.
10.03 The arbitrator shall not (c) In setting the dates for the Arbitration hearing the Arbitrator/Arbitration Board will allow the parties at least four (4) weeks preparation time.
(d) All actions that impact on time limits referred to in Clause 7.02 will be deemed to confirmed in writing and the time limits will be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days operative from the date of their selectionthe applicable correspondence and may only be changed by mutual agreement. In Subject to the event none above, the time limits referred to in this clause shall be mandatory for both parties and failure to follow time limits by either party will result in either dismissal of the above arbitrators grievance by the Association or consenting to the grievance by the Employer.
7.03 The Arbitration Board shall render its decision on the grievance as soon as possible after the date on which the Board is willing fully constituted and the decision of the Board shall be committed to convene writing and submitted to the parties concerned within a hearing within twenty-eight further thirty (2830) days.
7.04 The decision of the majority shall be the decision of the Board. Where there is no majority decision, the matter will decision of the Chairperson shall be referred to the Manitoba Labour Board which shall appoint an arbitratordecision of the Board. The decision of the arbitrator Board of Arbitration shall be given within a period of twenty-one (21) days after the closing final, binding and enforceable on all parties, and may not be changed except by an order of the arbitration hearing.
10.04 Court. The arbitrator may determine their own procedure but Board of Arbitration shall give full opportunity not have the power to all parties change this Agreement or to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreementits provisions. However, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Board shall have the authority, within the above limitations, power to dispose of grievances in such manner as they may deem a grievance by any arrangement which it deems just in the circumstancesand equitable.
10.07 The findings and decision 7.05 Should the parties disagree as to the meaning of the arbitrator on all arbitrable questions Board’s decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall be final and binding upon all parties concerneddo within fifteen (15) days.
10.08 7.06 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.arbitrator shall be divided equally between the Employer and the Association
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of 7.07 Time limits fixed in both the grievance procedure.
10.10 The time limits set out in the grievance and arbitration procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended in writing by mutual agreement in writing between the Company and the Unionparties.
10.11 7.08 At any stage of the Grievance and Arbitration Procedure the parties shall have the assistance of any employee(s) concerned as witnesses. The Employer shall receive written notice of request for time off for any witness who is required for such assistance at least forty-eight (48) hours prior to the day of the hearing.
7.09 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board. In which event, the interest provisions of settling this Article shall apply equally to a grievance prior single arbitrator when reference is made to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsboard.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Master Collective Agreement, Master Collective Agreement, Master Collective Agreement
Arbitration. 10.01 When a party desires that Where a grievance be submitted which has not been resolved through the grievance procedure is referred to arbitration, that the following shall apply:
a) The party referring the grievance shall notify give written notice to the other party of its desire not later than twenty (20) days after the response from Stage 2 that it intends to submit refer the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given chosen by mutual agreement from any recognized list of arbitrators.
b) Failing agreement within a period of twenty-one (21) days after or such time as may be agreed by the closing parties, an appointment may be made by the Office of Arbitration at the arbitration hearingrequest of either party. The single Arbitrator shall be bound by all clauses in Article 10 in the same manner as an Arbitration Board.
10.04 The arbitrator may determine their own procedure but c) Arbitrators hearing grievances under this article shall give full opportunity first attempt to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of mediate a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented settlement to the arbitratorgrievance. If mediation is unsuccessful, and the award of the arbitrator shall be confined proceed to arbitrate the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereofgrievance. The arbitrator shall have the authority, within the above limitations, right to dispose of grievances in such manner as they may deem just limit evidence and argument and to impose a settlement.
10.02 No person who has assisted in the circumstancesnegotiation of this Collective Agreement, or any renewal thereof, may be appointed to such Board of Arbitration.
10.07 10.03 The findings and decision of the arbitrator on all arbitrable questions parties shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of share equally the fees and expenses of the arbitrator.
10.09 No grievance may be submitted 10.04 The parties reserve the right to arbitration which has not been properly carried through all the requisite Steps make application for Arbitration using Section 49 of the grievance procedureOntario Labour Relations Act and should such right be exercised, agrees to inform the other Party in accordance with the time limits specified above.
10.10 10.05 The arbitrator shall not have the power to alter, add to, modify, or amend the Collective Agreement, or to make any decision inconsistent with the terms and provisions of the Collective Agreement.
10.06 An employee, in addition to the grievor, whose attendance is required at an Arbitration hearing shall receive permission to be absent from work providing the employee provides the Employer with fourteen (14) days written notice. The employer shall maintain salary, credits and applicable benefits and invoice the Union for the salary and benefits paid to such members.
10.07 The time limits set out specified in the grievance arbitration procedure (Article 9) and may be altered on the arbitration provisions (Article 10) are mandatory and may only be extended by mutual written agreement in writing between the Company and the Unionof both parties.
10.11 In 10.08 Notwithstanding the interest provisions of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobathis article, the expenses and fees of the mediator shall be borne equally by the parties may agree to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer submit a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) three-person panel. In those instances, the parties agree that they shall appoint their nominees to the arbitration panel, which shall be chaired on such terms as are agreed by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeparties.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 12.1 When a party desires either Party requests that a grievance be submitted to arbitrationArbitration, that party the request shall notify be in writing addressed to the other party Party to this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) days thereafter, designate its desire Nominee to submit the matter to arbitration Board of Arbitration. The two so nominated, shall endeavour within fourteen ten (1410) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been given. The matter is second of them to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn third person to act as Chairperson of the Board of Arbitration. If the Nominees are unable to agree upon the third person as Chairperson within ten (10) days after the appointment of the second of them, then either Party may request the Minister of Labour to appoint the third member and Chairperson of the Board of Arbitration. Notices of desire to arbitrate a dispute and nomination of an arbitrator on an arbitration, shall be unable served personally, by registered mail, or unwilling to actby facsimile. If served by registered mail, they the date of mailing shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none service.
12.2 Each of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which Parties shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their pay its own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) expenses including pay for witnesses and the decision expenses of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, its own Nominee and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-one half (½1/2) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator Chairperson.
12.3 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
12.4 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration, or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be borne equally by arbitrable.
12.5 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision that is inconsistent with it. The decision of the parties majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairperson shall govern.
12.6 The Parties may agree to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by use of a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article arbitrator and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they Article shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputethen apply with any appropriate revisions.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a 17.01 The grievance may be submitted referred to arbitration, that only after all steps in the grievance procedure have been exhausted, unless a step has been waived by mutual consent of both parties in writing, through their authorized representatives. The party seeking arbitration shall notify the other party party, in writing, of its desire to submit the matter grievance to arbitration within fourteen twenty (1420) calendar days after the date the decision at Step 2 of the grievance procedure was reply of the Director or should have been giventhe Bargaining Unit President. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual notification shall contain the name of the above panel whoparty’s appointee to the Board of Arbitration. The recipient party shall, having been requested in their turn within ten (10) days of receipt of such notification, advise the other party of its appointee to act as arbitrator on an arbitrationthe Board of Arbitration.
17.02 The two (2) appointees shall, within fifteen (15) days of the appointment of the second of them, or at some time mutually agreed upon, appoint a third person, who shall be unable the Chair. If the recipient party fails to name an appointee, or unwilling if the appointees fail to actagree upon a Chair within the time limit, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation appointment of the panel.
10.03 Chair shall be made by the Ministry of Labour upon the request of either party. The arbitrator Board of Arbitration shall not be deemed to be willing to act unless they are in hear and determine the position to convene grievance and shall issue a binding decision upon the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorparties and upon any Member affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orBoard of Arbitration and, in the case of a policy grievanceif there is no majority, the decision of the Union) at Step 2 Chair shall govern.
17.03 No person shall be appointed as Arbitrator who has been involved in the negotiation of this Collective Agreement or in attempts to settle the grievance.
17.04 Each of the grievance procedure shall be presented to parties will bear the arbitrator, expenses of their appointee and the award of parties will share equally the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitratorChair. All costs related to witnesses called by a party will be paid for by that party.
10.09 No grievance may be submitted 17.05 The Board of Arbitration shall not have any authority to arbitration which has not been properly carried through all the requisite Steps alter or change any of the grievance procedureprovisions of this Collective Agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the terms and conditions of this Collective Agreement.
10.10 17.06 The time limits set out parties may agree, in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior writing, to an arbitration hearing either party may request the assistance seek appointment of a grievance mediator from the Manitoba Labour Boardsingle Arbitrator. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall Should they be borne equally by the parties unable to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by agree on a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instancessingle Arbitrator, the parties agree may jointly request the Ministry of Labour to make an appointment. ARTICLE 17 - ARBITRATION (continued) 17.07 It is understood that they shall appoint their nominees nothing in this Article precludes the Bargaining Unit or Members from addressing letters of inquiry to the panel, which shall be chaired by Board through the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeDirector.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party desires that a may, after exhausting any grievance be submitted to arbitrationprocedure established by this Agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other within fourteen ten (1410) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenreply under Step #2. The matter recipient party shall, within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board.
(b) The parties agree that it is their intent to be submitted resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a single arbitrator mediator in an effort to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator.
10.02 If any individual The appointee so selected shall, within fifteen (15) working days of the above panel whoappointment of the second of them, having been requested in their turn to act as arbitrator on an arbitrationor at a time mutually agreed upon, appoint a third person who shall be unable or unwilling the chairman. If the recipient party fails to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator, or if the two appointees fail to agree upon a chairman, within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any nurse affected by it. A decision of the arbitrator majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orArbitration Board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 chairman shall govern.
10.03 Each of the grievance procedure shall be presented to parties hereto will bear the arbitrator, expenses of an arbitrator appointed by it and the award parties will jointly bear the cost and expenses of the arbitrator shall be confined to chairman of the issues therein set outArbitration Board, if any.
10.06 In no event 10.04 The Board of Arbitration shall not be authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision 10.05 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in may, after exhausting the grievance procedure (Article 9) and established by this Agreement, notify the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement other party in writing between of its decision to submit the Company and the Union.difference or allegation to arbitration. Where grievance concerns:
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3a) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one Selection decisions on job vacancies (1b) employee, either party may request that this arbitration be heard by a three Premiums (3c) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.Scheduling issues
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 1. As a party desires that a grievance condition precedent to any right of action hereunder, any dispute arising out of this AGREEMENT shall be submitted to arbitrationthe decision of a board of arbitration composed of two arbitrators and one umpire, that meeting in Schaumburg, Illinois, unless otherwise agreed.
2. The members of the board of arbitration shall be active or retired disinterested officers of insurance companies. Each party shall notify appoint its own arbitrator and the two arbitrators shall choose the umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four (4) weeks after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of the umpire within four (4) weeks after their nominations, each of them shall name three (3), of whom the other party of its desire to submit the matter to arbitration within fourteen shall decline two (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision shall be made by drawing lots. It is the intent of the Company parties to this AGREEMENT where the arbitrators have failed to agree, that the selection of umpire be confined to this determination by chance.
3. The claimant shall submit its initial brief within twenty (or20) days after appointment of the umpire. The respondent shall submit its brief within twenty (20) days after receipt of the claimant’s brief and the claimant may submit a reply brief within ten (10) days after receipt of the respondent’s brief.
4. The board shall make its decision with regard to the custom and usage of the insurance business. The board shall issue its decision in writing based upon a hearing in which evidence may be introduced without following strict rules of evidence, but in which cross examination and rebuttal shall be allowed. The board shall make its decision within sixty (60) days following the case termination of a policy grievance, the hearings unless the parties consent to an extension. The majority decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions board shall be final and binding upon all parties concernedto the proceeding. Judgment may be entered upon the award of the board in any court having jurisdiction thereof.
10.08 The Company 5. Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the Union shall each pay one-half (½) other party the expense of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 umpire. The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the remaining costs of the mediator are not borne arbitration proceeding shall be allocated by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsboard.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Full Service Agency Agreement, Multiple Peril Crop/Livestock Insurance Full Service Agency Agreement, Full Service Agency Agreement (NI Holdings, Inc.)
Arbitration. 10.01 When a party desires 9.01 If the Hospital or Union requests that a grievance be submitted to arbitration, that party as hereinbefore provided, it shall notify make such request in writing addressed to the other party to this agreement, and at the same time name a nominee. Within ten (10) calendar days thereafter the other party names a nominee, provided, however that if such party fails to name a nominee as herein required, the Office of its desire Arbitration of the Ministry of Labour of the Province of Ontario shall have power to submit effect such appointment upon application hereto by the matter party invoking the arbitration procedure. The two nominees shall attempt to arbitration select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to actdays, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on then request the regular rotation Office of Arbitration of the panelMinistry of Labour of the Province of Ontario to appoint a chairman.
10.03 The 9.02 No person may be appointed as an arbitrator shall not be deemed who has been involved in an attempt to be willing to act unless they are in negotiate or settle the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearinggrievance.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 9.03 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedure.
10.10 9.04 The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of the agreement.
9.05 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.
9.06 Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.
9.07 The time limits set out in both the grievance procedure (Article 9) and the arbitration provisions (Article 10) procedures herein are mandatory and may only be extended failure to comply strictly with such limits except by mutual the written agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by parties, shall result in the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties grievance being deemed to have been abandoned subject only to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion provisions of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions Section 49 of The Labour Relations Act. Such time limits shall exclude Saturdays, which involves Sundays and paid holidays.
9.08 As an alternative to the above provision if the Hospital or Union requests that a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this grievance be submitted to arbitration be heard by a three (3) person panel. In those instances, the parties may mutually agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Boarda sole arbitrator. The parties further agree that to share equally the nominees shall be available fees and expenses related to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputesole arbitrator.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a either party desires requests that a grievance be submitted to arbitration, that party the request shall notify be in writing addressed to the other party in this agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall within ten (10) days thereafter designate its desire nominee to submit the matter to arbitration Board of Arbitration. The two (2) so nominated shall endeavor within fourteen ten (1410) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been given. The matter is second of them to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn third person to act as arbitrator on an arbitrationChairman of the Board of Arbitration. If the nominees are unable to agree upon the third person as chairman within ten (10) days after the appointment of the second one of them, then either party may request the Labour-Management Arbitration Commission for the Province of Ontario to appoint the third member of the Board of Arbitration. The said two nominees first appointed shall be unable or unwilling at liberty prior to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation expiration of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight ten (2810) days from the date of their selection. In the event none appointment of the above arbitrators is willing to convene a hearing within twenty-eight (28) dayssecond of them, the matter will be referred or prior to the Manitoba Labour Board which shall appoint an arbitrator. The decision appointment of the third arbitrator shall be given within a the said period of twenty-one ten (2110) days after to discuss the closing grievance submitted to them with a view to mutual settlement.
10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned.
10.03 Each of the arbitration hearing.
10.04 The arbitrator may determine their parties shall pay its own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) expenses including pay for witnesses and the decision expenses of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the its own arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-one half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Companychairman. Time limits shall be followed strictly enforced unless the parties representatives agree to extend.
10.04 The Board of Arbitration shall have authority only to settle disputes under the terms of this agreement and only interpret and apply this agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration, or alleged violation of this agreement, including a question as to whether a matter is arbitrable, shall be arbitrable.
10.05 The Board of Arbitration shall have no power to alter, add to, subtract from, modify, or amend this agreement in accordance order to give any decision inconsistent with this articleit. If either A decision of the Company or majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority, the decision of the chairman shall govern.
10.06 All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union refer a and its representatives will be final and binding upon the Employer, the Union, and the employee(s) involved.
10.07 Any grievance to arbitration pursuant to involving the expedited arbitration provisions interpretation of The Labour Relations Actapplication, administration, or alleged violation of this agreement, which involves a policy matter has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or a matter which could potentially affect more than one (1) employeeagainst any party.
10.08 At any stage of the grievance procedure, either party may request that this arbitration be heard by a three (3) person panel. In those instancesincluding arbitration, the parties agree that they shall appoint their nominees may have the assistance of the employee or employees concerned as a witness and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the residence to view any working conditions which may be relevant to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing settlement of the matter in disputegrievance at a reasonable time and so as not to interfere with the function of the residence.
10.09 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon mediator for resolution.
10.10 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon Sole Arbitrator, subject the provisions of this Article.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When If the Board of Education and the Association shall be unable to resolve any grievance and it shall involve an alleged violation of a party desires that a grievance be submitted to arbitrationspecific article and section of this agreement, that party shall notify the other party of its desire to submit the matter to arbitration it may, within fourteen ten (1410) calendar days after the date the decision at Step 2 of the Board of Education, be appealed to arbitration. The Association Executive Board may file a written appeal and it shall be delivered to the American Arbitration Association and the Board of Education within said ten (10) day period, and if not so delivered, the grievance procedure was shall be abandoned. If the parties are unable to agree upon an arbitrator, he/she shall be appointed under the rules of the American Arbitration Association. The arbitrator, so selected, will confer with the parties and hold hearings promptly and will issue his/her decision. The arbitrator’s decision shall be in writing, and will set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power to alter, modify, add to, or should subtract from the provisions of this agreement. His/her authority shall be limited to deciding whether specific articles and sections of this agreement have been given. The matter violated and shall be subject to, is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual all cases, the rights, responsibilities and authority of the above panel whoparties under the Michigan Revised School Code, having been requested in their turn to act as arbitrator on an arbitrationor any other national, shall be unable state, county, district, or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 local laws. The arbitrator shall not be deemed to be willing to act unless they are in usurp the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none functions of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysBoard of Education or the proper exercise of its judgement and discretion, under the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorlaw and this agreement. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and if within the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the scope his/her authority, within the as above limitationsset forth, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedbinding. The arbitrator’s fee and other expenses of arbitration shall be paid by the loser. Each party shall bear their own expenses in connection therewith.
10.08 1. The Company and following matters shall not be the Union shall each pay one-half (½) basis of any grievance filed under the fees and expenses of the arbitratorprocedure outlined in this article.
10.09 No grievance may be submitted a. Termination of services or, or failure to arbitration which has not been properly carried through all the requisite Steps of the grievance procedurere-employ, any probationary teacher.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Unionb. Termination or non-renewal from an extra-curricular position.
10.11 In the interest c. Termination of settling a grievance prior service of, or failure to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobare-employ, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingstenured teacher.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Arbitration. 10.01 When a party desires that a 14.1 Either of the parties may, within 10 working days after the grievance be submitted to arbitrationprocedure under Article 13 has been exhausted, that party shall notify the other party in writing of its desire to submit the matter grievance to arbitration. The notice referring a grievance to arbitration within fourteen (14) calendar days after shall confirm the date the decision at Step 2 name of the grievance procedure was or should have been givenfirst party's appointee to an arbitration board. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual recipient of the above panel whonotice shall, having been requested in their turn within 5 working days, inform the other party of the name of its appointee to act as arbitrator on an arbitrationthe arbitration board. The 2 appointees so selected shall, within 5 working days of the appointment of the second of them, appoint a third person who shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation chairperson. If the recipient of the panel.
10.03 The arbitrator shall not be deemed notice fails to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator, or if the 2 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 arbitration board shall hear and determine the grievance and shall issue a decision and that decision is final and binding upon the parties and upon any employee affected by it. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orarbitration board, in the case of a policy grievancebut, if there is no majority, the decision of the Union) at Step 2 chairperson is the decision of the arbitration board. Notwithstanding the foregoing, the parties may select 1 person as an arbitrator to whom any such grievance procedure may be submitted for arbitration and such person shall have the same powers and be presented subject to the arbitrator, and the award same restrictions as a board of the arbitrator shall be confined to the issues therein set outarbitration appointed under this agreement.
10.06 In 14.2 The arbitration board shall have no event shall authority to add to, subtract from, change, alter or ignore in any way the arbitrator alter, modify or amend any part provisions of this Agreementagreement or any expressly written amendment or supplement thereto or to extend its duration, nor shall they or to make an award which has such effect unless the parties have expressly agreed, in writing, to give it specific authority to do so.
14.3 Where the grievance concerns discharge, suspension or disciplinary action, the board has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they other award it may deem just in and reasonable which is consistent with the circumstancesterms of this agreement.
10.07 The findings 14.4 Each party shall bear the expenses of its representatives, participants and decision witnesses and of the arbitrator on all arbitrable questions shall be final preparation and binding upon all parties concerned.
10.08 presentation of its own case. The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted chairperson, the hearing room and any other expenses incidental to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Boardparties. The parties further agree that to use University facilities whenever possible.
14.5 Time limits set out in this article may be extended by agreement in writing between the nominees parties.
14.6 No grievance shall be available deemed to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputebe lost due to minor technical irregularities.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires 26.01 In the event that a any grievance be submitted shall not have been satisfactorily settled pursuant to arbitrationthe foregoing provisions, that party shall notify the matter may then, by notice in writing given to the other party of its desire to submit the matter to arbitration within fourteen ten (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (2110) days after the closing time limited for exhaustion of the arbitration hearingapplicable procedures contained in the foregoing provisions, be referred to a Board of Arbitration or a single arbitrator, as the case may be.
10.04 26.02 The arbitrator may determine their own procedure but notice submitting to arbitration shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, contain the written representation name of the aggrieved employee at Step 2 single arbitrator or the appointee to the Arbitration Board of the grievance procedure party making the submission, as the case may be. The recipient of the notice shall, within ten (or10) days of receipt of the notice, inform the other party in writing, agreement with the proposed or propose its own single arbitrator or appointee to the Arbitration Board, as the case may be. In the case of a policy grievancean Arbitration Board, the written representations two (2) appointees so selected shall, within ten (10) days of the Union appointment of the second of them, appoint a third person who shall be chairperson. If the parties fail to agree upon a single arbitrator within the time limits as set out herein, the appointment of a single arbitrator shall be made by the Ministry of Labour. No person may be appointed as the single arbitrator who has participated directly in an attempt to settle the grievance.
26.03 The single arbitrator or Arbitration Board shall hear and decide the Company at Step 2) grievance and shall issue its decision in writing and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all the parties concernedand any teacher affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there is no majority, the decision of the chairperson governs. The decision of a single arbitrator governs.
10.08 26.04 The Company single arbitrator or Arbitration Board established as above, shall decide the grievance submitted to it, any related question, including any questions as to whether a matter is arbitrable, but shall have no power to alter, modify or amend this Agreement, nor make any decision inconsistent therewith.
26.05 Each party shall pay the cost of its own appointee to the Arbitration Board, and the Union parties shall each pay one-half (½) share equally the cost of the fees and expenses of the chairperson or a single arbitrator.
10.09 No grievance 26.06 Each party may be submitted to arbitration which has not been properly carried through all represented at the requisite Steps Arbitration by a representative of the grievance procedureits choice.
10.10 26.07 Unless otherwise specifically provided, any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses.
26.08 The term “days” when used in this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in the Education Act, R.S.O., 1980 Chapter 129.
26.09 Any time limits set out in fixed by this Article for the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only taking of action by either party or by any teacher may, at any time, be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees representatives of the mediator shall be borne equally by the parties to the arbitration proceedingsinvolved.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 13.01 Where a party desires difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpre- tation, application, administration or alleged violation of this Agreement and including any question as to whether a matter is arbitrable, either of the parties may within fourteen (14) calendar days after exhausting the grievance be submitted to arbitration, that party shall procedure notify the other party in writing of its desire to submit the matter difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice. Notice in accordance with Clause 13.01 shall be sent to the Collective Bargaining Division as well as the applicable Department.
13.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and reserve the use of arbitration boards for case where a party feels it is absolutely necessary.
13.03 The party to whom notice is given under Clause 13.01 shall, within ten (10) calendar days after receipt of such notice, appoint an arbitrator and notify the other party of the name of the arbitrator.
13.04 The two (2) arbitrators appointed in accordance with Clauses 13.01 and 13.02 shall, within fourteen (14) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been givensecond of them, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The matter is to arbitrator appointed under this Clause shall be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual the Chairperson of the above panel whoarbitration board.
13.05 If,
(i) the party to whom notice is given under Clause 13.01 fails to appoint an arbitrator within the period specified in Clause 13.02, having been requested in their turn to act as the Chairman of the Labour Relations Board shall, on the request of either party, appoint an arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation behalf of the panel.
10.03 The party who failed to make the appointment and such arbitrator shall not be deemed to be willing appointed by that party; or
(ii) the two (2) arbitrators appointed by the parties under Clauses 13.01 and 13.02 fail to act unless they are appoint a third arbitrator within the periods specified in Clause 13.03, the position Chairman of the Labour Relations Board shall, on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this paragraph (ii) shall be chairman of the arbitration board.
13.06 Grievances that have been referred to convene arbitration that involve a dismissal shall be scheduled for arbitration within six (6) months of referral.
13.07 Both parties to a grievance shall be afforded the hearing opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose.
13.08 If a party fails to attend or be represented without good cause at an arbitration hearing, the arbitration board may proceed as if the party had been present or represented.
13.09 The arbitration board shall render its decision on the grievance in writing within twenty-eight five (2825) days from of the date of their selection. In on which the event none board is fully constituted.
13.10 The decision of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, majority of the matter will members of an arbitration board shall be referred to the Manitoba Labour Board which shall appoint an arbitratordecision of the board. The decision of an arbitration board shall be signed by the members of the Board making the majority report.
13.11 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision.
13.12 Each party required by this Agreement to appoint an arbitrator shall be given within a period pay the remuneration and expenses of twenty-one (21) days after that arbitrator deemed to have been appointed by that party under Clause 13.04 and the closing parties shall pay equally the remuneration and expenses of the chairperson of the arbitration hearingboard.
10.04 13.13 The arbitrator time limits set out in this Article may determine their own procedure but shall give full opportunity to all be extended, in writing, at any time by mutual agreement of both parties to present evidence and to make representationsthe arbitration.
10.05 In 13.14 At any arbitration, the written representation of the aggrieved employee at Step 2 stage of the grievance procedure (oror arbitration procedure, the parties shall have the assistance of any employee(s) concerned as witnesses and any other witness.
13.15 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an arbitration board shall not suffer any loss in pay while participating in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set outarbitration proceedings.
10.06 In no event shall the arbitrator 13.16 An arbitration board may not alter, modify or amend any part of provisions to this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Agreement but shall have the authority, within the above limitations, power to dispose of grievances in such manner as they may deem a grievance by any arrangement which it deems just in the circumstancesand equitable.
10.07 13.17 The findings and decision parties may mutually agree to utilize alternative methods of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted dispute resolution to arbitration which has not resolve grievances that have been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set outand are encouraged to do so. In the sole discretion Sample terms of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time reference of referral or several ADR processes are contained in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.Schedule P.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a In the event any grievance cannot be adjusted as set forth in Article 8 hereof, and either party desires that a grievance be submitted elects to go to arbitration, that such party shall notify may do so by sending written notice of such desire to the other party within a period of its desire to submit the matter to arbitration within fourteen fifteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (2815) days from the date of their selection. In the event none delivery of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company as provided in Article 8, Section 2, paragraph B, hereof. A temporary Board of Arbitration shall be chosen immediately in the following manner: One member of said board shall be chosen by the Company and one member by the Union. The two thus chosen shall, within five (or5) days exclusive of Saturdays, Sundays and holidays, select the third member of said board, and in the event they cannot agree on the third member, the Company and the Union shall request the Director of the State Mediation and Conciliation Service to submit a list of five persons qualified to act as the third member of said arbitration board. The Union representative and the Company representative, after the receipt of said list, shall each have the right to strike two names from it in the following manner. The two representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one remains. The fifth or remaining name shall thereupon be accepted by both the case Union and the Company as the third member of the board. The three arbitrators so selected shall endeavor to meet daily for the purpose of hearing such grievance as may be referred to them and render a policy grievance, the decision thereon. A majority decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions said board shall be final and binding upon all both parties concerned.
10.08 The Company and transmitted in writing to each thereof. No single grievance shall consume a period in excess of five (5) working days after the Union shall each pay one-half (½) appointment of the fees and expenses board of arbitrators. Failure of either party to appoint its arbitrator within a period of five (5) days from the time of official notice by the other party of arbitration proceedings will cause that party to forfeit its case. Each party shall bear the expense of its own arbitrator. Compensation of the third arbitrator.
10.09 No grievance may , in addition to the general expense of said board as a whole, shall be submitted paid jointly by both parties hereto. Failure on the part of either party to arbitration which has not been properly carried through all perform the requisite Steps of act required in Articles 8 and 9 within the grievance procedure.
10.10 The time limits as set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and forth shall cause said party to forfeit its case. Time limit requirements set forth herein may only be extended by mutual agreement in writing between the Company and the Unionparties.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a party desires 13.3.1 In the event that a grievance be submitted dispute proceeds to arbitration, that party the Union and the Employer shall notify make a good faith effort to agree on an arbitrator. In the other party event The Union and the Employer are unable to agree, and not later than seven (7) calendar days from receipt of its desire the first request for arbitration, the Union and the Employer shall select the list of arbitrators as follows:
(a) The Federal Mediation and Conciliation Service (FMCS) shall submit a list of seven (7) arbitrators to submit the matter Union and to arbitration within the Employer.
(b) Within fourteen (14) calendar days after the date the decision at Step 2 receipt of the grievance procedure was arbitration panel, the parties shall meet to select and place in numerical order the arbitrators through the process of elimination by alternately striking names.
(c) The party to strike first shall be selected by a toss of the coin.
13.3.2 The jurisdiction of the impartial arbitrator is limited to:
(1) Adjudication of the issues which under the express terms of this Agreement or should have been given. The matter is the Employee Handbook, and the submission agreement setting forth the issue or issues to be submitted to a single arbitrator to arbitrated, which shall be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇entered into between the parties hereto;
10.02 If any individual (2) Interpretation of the above panel whospecific terms of this Agreement and/or the Employee Handbook which are applicable to the particular issue presented to the arbitrator;
(3) The rendition of a decision or award which in no way modifies, having been requested adds to, subtracts from, changes or amends any term or condition of this Agreement or the Employee Handbook and/or which is in their turn to act as arbitrator on an arbitration, shall be unable conflict with any of the provisions of this Agreement and/or the Employee Handbook; and
(4) The rendition of a decision or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again award based solely on the regular rotation evidence and arguments presented to the arbitrator by the respective parties.
(5) The rendition of a decision involving the administration or interpretation of insurance plans or contracts, including pension plans; and those issues related to interpretation of the panel.
10.03 health and dental plan rules for eligibility, cost to employees, the Union and the Employer. The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none have jurisdiction over internal rules of the above arbitrators is willing to convene insurance plan itself which are outside the Employer’s control.
13.3.3 The arbitrator will render a hearing decision within twenty-eight thirty (2830) days, calendar days after the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorhearing. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company the Employer, the Union and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted employees affected, provided that this does not preclude any party to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 this Agreement from seeking judicial review as provided by law. The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not arbitration shall be borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingslosing party.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When 1. If the aggrieved person is not satisfied with the disposition of his/her grievance at B. 4., and if the grievance is of a party desires matter other than that stated in B. 5. or 6., he/she may, within ten (10) school days after a decision or lack thereof by the Board, request in writing that the chairperson of the Association's Grievance Committee submit his/her grievance be submitted to arbitration.
2. Upon submission of the grievance to arbitration, that party shall notify a request will be made to the other party of its desire Public Employment Relations Commission to submit a roster of persons qualified to function as an arbitrator in the matter dispute in question. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the Public Employment Relations Commission to submit a second roster of names. If the parties are unable to determine within ten (10) school days of the initial request for arbitration within fourteen a mutually satisfactory arbitrator from the second submitted list, the Public Employment Relations Commission may be requested, by either party, to designate an arbitrator.
3. The arbitrator so selected shall confer with the representatives of the Board and the Grievance Committee, hold hearings promptly, and shall issue his/her decision not later than twenty (1420) calendar school days after from the close of the hearings or, if oral hearings have been waived, then from the date the decision at Step 2 of final statements and proofs on the grievance procedure was or should have been givenissues are submitted to him. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, arbitrator's decision shall be unable or unwilling to actin writing and shall set forth his findings of fact, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again reasoning, and conclusions on the regular rotation of the panel.
10.03 issues submitted. The arbitrator shall not be deemed without power or authority to be willing to make any decision which requires the commission of an act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none prohibited by law, or which violates of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorterms of this Agreement. The decision of the arbitrator shall be given within a period of twenty-one (21) days after submitted to the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) Board and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitratorAssociation, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedon the parties.
10.08 4. The Company and cost for the Union shall each pay one-half (½) of the fees and expenses service of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all , including per diem expenses, if any, and actual and necessary travel, subsistence expenses, and the requisite Steps cost of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator room shall be borne equally by the parties to Board and the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee Association. Any other expenses incurred shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired paid by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeparty incurring same.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When Where a party desires difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that a grievance be submitted this Agreement has been violated, either of the parties may, subject to arbitrationArticle 9 of this Agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration. The notice shall be delivered to the party desiring to submit the difference or allegation to arbitration by the other party within fourteen five (145) calendar days after the date the decision at Step 2 of receipt of the grievance procedure was written decision as provided in Article 9.02 (Step 2), Article 9.04, Article 9.06 or should have been givenArticle 9.07 of this Agreement, as the case may be. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual notice shall contain the name of the above panel whofirst party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees shall, having been requested in their turn to act as arbitrator on an arbitrationwithin fifteen (15) days of the appointment of the second of them, appoint a third person who shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation Chairman. If the recipient of the panel.
10.03 The arbitrator shall not be deemed notice fails to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairman within the time limit, the appointment 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 the decision is final and binding upon the parties and any employee or employees affected by it. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orArbitration Board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set outChairman governs.
10.06 In no event 10.02 The Arbitration Board shall not have the arbitrator authority to alter, add to, subtract from, modify or amend any part of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms and provisions of this Agreement. Subject to the foregoing, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Arbitration Board shall have the authority, within power to make such decision as it may in the above limitations, to dispose of grievances in such manner as they may circumstances deem just in the circumstancesand equitable.
10.07 The findings 10.03 Each party shall bear the fees and decision expenses of its appointee to the arbitrator on all arbitrable questions shall be final Arbitration Board and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitratorChairman shall be shared equally by both parties.
10.09 10.04 No grievance person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10.05 No matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed Grievance Procedure prescribed in Article 10.01 as per 10 of this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeAgreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 9.01 When a party desires that a difference arises between the parties from the interpretation, application, administration or alleged violation of this agreement, either of the parties may within ten (10) working days, after exhausting any grievance be submitted to arbitrationprocedure established by this Agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration within fourteen (14) calendar days after and the date notice shall contain the decision at Step 2 name of the grievance procedure was or should have been given. party's appointee to an Arbitration Board.
9.02 The matter is to be submitted to recipient of the notice shall within five (5) days inform the other party either that it accepts the other party's appointee as a single arbitrator or inform the other party of the name of its appointee to the Arbitration Board.
9.03 Where two appointees are so selected, they shall, within twenty (20) days of appointment of the second of them, appoint a third person who shall be chosen chairperson.
9.04 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 Ministry of Labour upon the request of either party.
9.05 A single arbitrator will only be appointed by the mutual agreement of both parties.
9.06 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 thereafter. That decision is final and binding upon the parties and upon any employee or employer affected by it.
9.07 The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairperson governs.
9.08 The arbitrator or arbitration board, as the case may be, shall not by his or its decision add to, delete from, modify or otherwise amend the provisions of this agreement.
9.09 Any notice required under this Article shall be in rotation from writing by registered mail or personal delivery to the parties at their respective mailing address.
9.10 Each party may be represented at the arbitration by a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ representative of its choice.
9.11 Each of the parties shall bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson.
9.12 Time limits specified in this Article are mandatory and not simply directory, and may only be amended by written, mutual agreement of both parties.
9.13 The term "working days" when used in this Article shall mean Monday to Friday inclusive in accordance with the St. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇calendar, but excluding school holidays as defined by the Ministry of Education and Training.
10.02 If any individual 9.14 Notwithstanding the procedure above, the Union may request access to expedited Arbitration under Section 49 of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Ontario Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) 1995.
9.15 No person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by appointed as an Arbitrator or member of a Board of Arbitration who has been involved in the arbitrator elected by negotiations of this Collective Agreement or in attempts to settle the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputegrievance.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a Should any grievance fail to be submitted to arbitrationsatisfactorily settled under the foregoing procedure, that party shall the Union may, within fifteen (15) calendar days following receipt of the answer from the Manager, notify the other party Employer in writing of its desire to submit the matter grievance to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenarbitration. The matter is to be submitted to Union and the Employer may agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇hear the matter and for this purpose will exchange nominations.
10.02 An Arbitrator, selected jointly by the parties, will be named within fifteen (15) calendar days of receipt of notice of intent to arbitrate or such longer periods as agreed by the parties. If any individual of the above panel who, having been requested in their turn parties are unable to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again agree on the regular rotation choice of Arbitrator either party may request the panelMinister of Labour to name the Arbitrator.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after final and binding upon the closing of Employer and the arbitration hearingUnion and the employees involved.
10.04 The arbitrator may determine their own procedure but Arbitrator’s award shall give full opportunity be stated in writing and furnished to all parties the Employer and the Union. The Arbitrator shall have no jurisdiction to present evidence and to alter, modify, amend or make representationsany decision inconsistent with the terms of this Agreement.
10.05 In any arbitrationAll employees who are required as witnesses shall be given time off without pay while testifying at an arbitration hearing pursuant to this agreement, subject to the written representation Employer’s operational requirements. Consent for such time off will not be unreasonably withheld. The expenses of witnesses and representatives for either party shall be borne by that party.
10.06 The compensation of the aggrieved employee at Step 2 of Arbitrator and expenses incurred by him/her shall be borne equally by the grievance procedure (or, in Employer and the Union. In the case of a policy grievance, Board of Arbitration the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company Employer and the Union shall each pay be responsible for the fees and expenses of its own nominee and one-half (½) of the fees and expenses of the arbitratorChair.
10.09 No grievance may be submitted 10.07 The Employer and the Union may, by mutual consent, submit any matter under this Article to arbitration which has not been properly carried through all a Board of Arbitration for determination in accordance with the requisite Steps following:
(a) The parties will advise each other of the grievance procedurename of its nominee to the Arbitration Board within ten (10) calendar days following receipt of the answer from the Manager.
10.10 (b) The time limits set out in two appointees so selected shall, within five (5) calendar days of their appointment, appoint a third person who shall be Chairperson. If no agreement can be reached on the grievance procedure (Article 9) and appointment of the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing Chair, either party or both parties may request the assistance Minister of Labour to appoint a Chair.
(c) The Arbitration Board shall hear and determine the grievance mediator from and shall issue a decision and the Manitoba Labour Boarddecision shall be final and binding upon the parties and upon any employee affected by it. In the event the costs The decision of the mediator are not borne majority shall be the decision of the Arbitration Board but, if there is no majority, the decision of the Chair shall govern. The decision shall be discussed by the Province of Manitoba, the expenses and fees Arbitration Board with all members of the mediator shall be borne equally by board present before it is rendered to the parties to the arbitration proceedingsinvolved.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee 10.08 Place of Hearing Arbitrations shall be heard at Regina, Saskatchewan, or at such other places as may be agreed upon by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeEmployer.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When Where a difference arises between the parties during the term of this Collective Agreement relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the matter may be referred to an Arbitrator by either Party.
1. The right to arbitration shall not extend to any matters other than those concerning the interpretation, application, administration, or alleged violation of this Agreement.
2. Arbitration proceedings shall be instituted by service of a written notice to arbitrate by either party desires that a grievance be submitted to arbitrationupon the other. Within seven (7) days of the service of such notice, that each party shall notify propose an Arbitrator to hear the other party issue. If agreement on the selection of its desire to submit the matter to arbitration an Arbitrator is not reached within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givennotice to arbitrate, a request shall be made to the Minister of Labour to appoint an Arbitrator.
3. The matter is Arbitrator shall not have power to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If alter or change any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part provisions of this Agreement, nor or to substitute new provisions for any existing provisions thereof, and in reaching its decision he/she shall they have be bound by the authority terms and provisions of this Agreement.
4. The Arbitrator shall, before the hearing, require the representatives of the parties to make any decisions inconsistent appear before him/her to define the questions of interpretation or alleged violation to be arbitrated and to establish the procedure to be followed at the hearing. All steps in connection with the provisions hereofarbitration shall be taken as expeditiously as possible.
5. The arbitrator Arbitrator shall have complete his/her sittings and hand down his/her decision within thirty (30) days of his/her appointment, unless this time limit is extended by the authority, within mutual consent of the above limitations, to dispose of grievances in such manner as they may deem just in Union and the circumstancesCompany.
10.07 The findings and decision of the arbitrator on all arbitrable questions 6. Each party shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½1/2) of the fees and expenses of the arbitratorArbitrator and any clerk or stenographer whom the Board of Arbitration may require, as well as the full costs of its own witnesses.
10.09 No grievance may be submitted 7. If the Union submits a disciplinary case to arbitration which has not been properly carried through all arbitration, the requisite Steps Arbitrator shall have the authority to substitute a lesser penalty if, in the Arbitrator’s opinion, the Company’s discipline was too severe.
8. The decision of the grievance procedure.
10.10 The time limits set out in Arbitrator shall be final and binding on the grievance procedure (Article 9) parties. Should a matter not be resolved and an Arbitrator be required to resolve the arbitration provisions (Article 10) are mandatory and may only be extended by issue, upon mutual agreement the parties may use the Expedited Arbitration Procedure as outlined in writing between the Company Section 104 and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs 105 of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The current British Columbia Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeCode.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a party desires that solution being reached within seven (7) days of the first discussion between a grievance business representative of the Union and a representative of the Company, or within such further period as the Company and the Union agree to in writing, the dispute shall be submitted referred to arbitration, that party an Arbitration Board of three (3) persons appointed as follows:
(a) The Party desiring arbitration shall appoint a member for the Board and shall notify the other party Party in writing of the name and address of the person so appointed and particulars of the matter in dispute.
(b) The Party receiving the notice shall within five (5) days appoint a member for the Board and notify the other Party of its desire appointment.
(c) The two (2) Arbitrators so appointed, shall confer to submit select a third person to be Chairman, and failing for three (3) days from the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been given. The matter is second of them to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling person willing to act, they either of them may apply to the Minister of Labour of British Columbia to appoint such third member.
(d) The Arbitration Board shall not again be requested to act as arbitrator on any arbitration until their name comes up again on sit, hear the regular rotation Parties, settle the terms of the panel.
10.03 The arbitrator shall not be deemed question to be willing to act unless they are in the position to convene the hearing arbitrated, and make its award within twenty-eight ten (2810) days from the date of their selection. In the event none appointment of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysChairman, provided the matter will be referred to Parties may extend the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingtime by agreement in writing.
10.04 (e) The arbitrator Parties may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by mutually agree that a sole Arbitrator as herein before set out. In the sole discretion arbitrator be appointed in place of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panelboard. The chair decision of the sole arbitrator shall be selected from one deemed to be the decision of the three individuals listed in Article 10.01 as per this article Board and the panel shall be completed final and binding. All expenses incurred by an appointee the sole arbitrator shall be paid equally by the Parties. Each Party shall pay its own costs.
8.02 If the Arbitration Board finds (or if at any earlier stage of the Union Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and an appointee with all his rights, benefits and privileges which he would have enjoyed if the suspension or discharge had not taken place, or if the Arbitration Board finds (or if at any earlier stage of the Company. Time limits Grievance Procedure it is found) that an ex-employee should have been re-hired, that ex-employee shall be followed in accordance with this article. If either employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspen-sion and reinstatement, or date of failure to re-hire and re-hiring, the Union refer a grievance to arbitration amount so received shall be deducted from wages payable by the Company pursuant to this Article, less any expenses which the expedited arbitration provisions employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board if circumstances are established before it, which, in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have authority to order the Company to pay less than the full amount of wages lost.
8.03 The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) Arbitration Board shall have the right to modify any penalty imposed by the Company on an employee, either party may request that this arbitration be heard .
8.04 If the award of the Arbitration Board is subsequently set aside by a three (3) person panel. In those instancescourt of competent jurisdiction, the parties agree that they shall appoint their nominees question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the panel, which powers provided by this Article.
8.05 The expenses and remuneration of the Chairman shall be chaired paid by the arbitrator elected by Parties in equal shares.
8.06 Without restricting the Manitoba Labour specific powers hereinbefore mentioned, the Arbitration Board shall have all the general powers of an Arbitration Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When Section 8.1. If a party to this Agreement desires that to take a grievance be submitted to arbitration, that party it shall notify the other party of its desire to submit the matter to arbitration within fourteen fifteen (1415) calendar days after the date denial of the grievance, give written notice of his intention to the other party, together with a written statement of the specific provision or provisions of this Agreement at issue.
Section 8.2. The parties shall attempt to select an impartial arbitrator. If they are unable to agree upon a choice within seven (7) calendar days after the receipt of Notice of Intent to Arbitrate, either party may request the Federal Mediation and Conciliation Service to submit a list of five (5) arbitrators, from which the arbitrator will be selected. Selection shall be made by the parties alternately striking any name from the list (the first to strike shall be the party requesting arbitration) until only one (1) name remains. The final name remaining shall be the arbitrator of the grievance.
Section 8.3. The jurisdiction and the decision at Step 2 of the arbitrator of the grievance procedure was shall be confined to a determination of the acts and the interpretation or should have been givenapplication of the specific provision or provisions of this Agreement at issue. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, Arbitrator shall be unable or unwilling bound by terms and provisions of this Agreement and shall have the authority to act, they shall not again be requested to act as arbitrator on any consider only grievances representing solely an arbitration until their name comes up again on the regular rotation of the panel.
10.03 issue under this Agreement. The arbitrator shall not be deemed have no authority to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date add to, alter, amend, or modify any provision of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorthis Agreement. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In in writing on any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of issue properly before the arbitrator shall be confined to in accordance with the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part provisions of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedon the aggrieved employee or employees, the Union, and the Employer.
10.08 Section 8.4. Multiple grievances shall not be heard before one arbitrator at the same hearing except by mutual agreement of the parties.
Section 8.5. The Company Union and the Employer shall each bear its own costs in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance.
Section 8.6. The Grievance Committee of the Union shall each pay one-half (½) of have the fees and expenses of sole authority to determine whether or not the arbitrator.
10.09 No employee's grievance may is qualified to be submitted to arbitration which has not been properly carried through all by the requisite Steps Union. The decision of the grievance procedure.
10.10 The time limits set out in Grievance Committee shall be made at its first meeting after the grievance procedure (Article 9) Company's Step 3 answer, and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between Union will promptly inform the Company and the Unionof its decision.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 3 contracts
Sources: Collective Bargaining Agreement (Sanderson Farms Inc), Collective Bargaining Agreement (Sanderson Farms Inc), Collective Bargaining Agreement (Sanderson Farms Inc)
Arbitration. 10.01 When 20.01 If the Union wishes to refer a party desires that a grievance be submitted matter to arbitration, that party it shall notify the other party of its desire to submit the matter to arbitration within fourteen thirty (1430) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) working days from the date of their selectionthe Step Two decision, make such request in writing addressed to the Associate Vice-President of Human Resources & Organizational Development. In If the event none Employer wishes to refer a matter to arbitration, it shall within thirty (30) working days from the date of the above arbitrators is willing Step Two decision, make such request in writing addressed to convene the President of the Union.
20.02 The parties agree to the use of a hearing sole Arbitrator. If the parties to this agreement cannot agree on the Arbitrator within twenty-eight fifteen (2815) working days, the matter Minister of Post Secondary Education, Training and Labour of the Province of New Brunswick will be referred asked to appoint one.
20.03 The Arbitrator shall hear and determine the Manitoba Labour Board which difference or allegation (including any question as to whether a matter is arbitrable) and shall appoint an arbitratorissue a decision. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all the parties concernedand upon any employee affected by it.
10.08 20.04 The Company Arbitrator shall have all the powers vested in him or her by the New Brunswick Industrial Relations Act and by the Union Collective Agreement, including, in the case of discipline or discharge, the power to substitute for the discipline or discharge such other penalties that the Arbitrator feels just and reasonable in the circumstances. The Arbitrator shall each pay one-half (½) not change, modify or alter the terms of the fees and expenses Collective Agreement.
20.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.
20.06 Each of the arbitratorparties will equally bear the expense of the Arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps 20.07 At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the Employer’s premises to view disputed operations and to confer with the necessary witnesses.
10.10 The 20.08 Any and all time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and fixed by this section may only be extended by mutual agreement agreement, in writing writing, between the Company Employer and the Union.
10.11 In the interest of settling . Should a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee within the time limits, it shall be heard by a sole Arbitrator deemed to have been abandoned.
20.09 Should the parties disagree as herein before set out. In to the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one meaning of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employeeArbitrator’s decision, either party may request that this arbitration be heard by a three within fifteen (315) person panel. In those instancesworking days after the decision is received, the parties agree that they shall appoint their nominees apply to the panel, which shall be chaired by Arbitrator to clarify the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputedecision.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all 15.01 Both parties to present evidence and to make representations.
10.05 In this Agreement agree that any arbitration, grievance concerning the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union interpretation or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part alleged violation of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration Agreement which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure outlined in Article 14 above and which has not been settled, will be referred to a board of arbitration at the request of either of the parties hereto.
10.10 15.02 The time limits board of arbitration will be composed of one (1) person appointed by the Association, one (1) person appointed by the Union and one (1) person to act as Chairman, chosen by the other two (2) members of the board.
15.03 Within two (2) working days of the request of either party for a board, each party shall notify the other of the name of its appointee.
15.04 Should the person chosen by the Association to act on the board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of the notification mentioned in 15.03 above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chairman.
15.05 The decisions of the board of arbitration or a majority of such board, constituted in the above manner, or if there is no majority, the decision of the Chairman, shall be binding upon the employees, the Union and the Association.
15.06 The board of arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.
15.07 Each of the parties to this Agreement will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expenses, if any, of the Chairman.
(a) The nature of the grievance, the remedy sought and the section or the sections of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only not be subject to change in later steps.
(b) In determining the time which is allowed in the various steps, Sundays and Statutory Holidays shall be excluded, and any time limits may be extended by mutual agreement in writing between the Company and the Union.writing;
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs (c) If advantage of the mediator are provisions of Articles 14 and 15 hereof is not borne by taken within the Province of Manitobatime limits specified therein or as extended in writing, as set out above, the expenses and fees of the mediator grievance shall be borne equally by the parties deemed to the arbitration proceedingshave been abandoned and may not be reopened.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Splicing and Cable Tv Agreement
Arbitration. 10.01 When a) Failing a party desires that satisfactory settlement of a grievance be submitted in the above steps, and provided such grievance is related to arbitrationthe interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party shall may notify the other party in writing, within seven (7) days, of its desire to submit the matter difference or allegation to arbitration.
b) The referral to arbitration within fourteen (14) calendar days after shall contain the date the decision at Step 2 name of the grievance procedure was or should have been givenfirst party's appointee to an arbitration board. The recipient of the notice shall within five (5) days advise the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) appointees fail to agree upon a chairman within the time limit, the appointment shall be made by the Ministry of Labour, or his/her designate, upon the request of either party.
c) Instead of the above mentioned three person Board of Arbitration, the parties may agree that the matter is to be submitted to heard by a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇arbitrator.
10.02 If any individual of d) The Arbitration Board or single arbitrator, as the above panel who, having been requested in their turn to act as arbitrator on an arbitrationcase may be, shall be unable hear and determine the difference or unwilling to act, they allegation and shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene issue a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to final and binding upon the arbitratorparties and upon any employee affected by it, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In but in no event case shall the Board or single arbitrator alter, modify or amend or supplement any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions majority shall be final and binding upon all parties concernedthe decision of the Arbitration Board, but if there is not a majority, the decision of the chairman will govern.
10.08 e) The Company Union and the Union Company shall each pay one-half (½) the fees and expenses of its appointees and the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator third member or single arbitrator shall be borne paid equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article Union and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires a) Both parties to this Agreement agree that a properly constituted grievance be submitted to arbitrationas defined in Article12 – “Grievance Procedure”, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel whoArticles 12.02 and 12.05, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure outlined in Article 12 and which has not been settled, abandoned or withdrawn, may be referred to a single arbitrator, or by mutual agreement of the parties to a Board of Arbitration, at the written request of either of the parties hereto.
10.10 b) The parties agree to meet to develop a list of mutually agreeable arbitrators. Said list may be amended from time limits set out in to time. No arbitrator shall be engaged unless they agree that any decision will be released not more than thirty (30) days following conclusion of the grievance procedure arbitration hearing(s), provided that if written reasons are to be delivered, it is understood that they may be released at a later date.
a) The Board of Arbitration shall be composed of one (Article 91) person appointed by the Employer, one (1) person appointed by the Union and the arbitration third (3rd) person to act as Chairman chosen by the other two members of the Board.
b) Within fourteen (14) days of the written request by either party for a single arbitrator or Board of Arbitration, the other party shall nominate an Arbitrator or its nominee to the Board if it agrees to a Board of Arbitration. The parties or nominees shall endeavour to agree as soon as possible to the single Arbitrator or Chairman respectively.
c) If the two (2) parties fail to agree upon a Chairman or single arbitrator within the specified period of time, either party may apply for the appointment of an arbitrator under the terms of the Ontario Labour Relations Act.
13.03 No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance.
13.04 The decision of the arbitrator or the Board of Arbitration, including any decision as to whether the matter is arbitral, shall be final and binding upon the parties and upon any employee affected by it. In the absence of a unanimous decision the majority decision shall be accepted as the decision of the Board. In the event there is no majority decision, the decision of the Chairman will be final.
a) The arbitrator or the Board of Arbitration shall not have jurisdiction to amend, alter, modify, or add to, any of the provisions (of this Agreement, nor to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. Further the Arbitrator or Board is not authorized to deal with or to adjudicate any matter not specifically assigned to it by the written grievance as specified in Article 1012, or any matter not covered by this Agreement or arising outside the terms of this Agreement.
b) are mandatory The arbitrator or Board of Arbitration shall have no jurisdiction to hear a layoff, failure to recall from lay off, discipline or discharge grievance put forth by or on behalf of a probationary employee unless the Employer has acted in bad faith or in a manner that is arbitrary or discriminatory. It is acknowledged that in a case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith, and the burden of proof with respect to such a claim rests with the Union.
13.06 An employee shall be obligated to mitigate damages as fully as possible and any monetary adjustment will be reduced by any employment income received by the griever for the period applicable.
13.07 Regardless of the outcome of the arbitration, each of the parties hereto will bear its own expenses and the fee and expenses of the nominee appointed by it. The parties will equally share the fee and expenses of the single arbitrator or the Chairman of the Board of Arbitration. The parties will equally share the expenses relating to facilities and other overheads directly related to the hearing. The arbitrator or Board of Arbitration shall have no authority to vary the provisions of this section or to impose costs on either party.
13.08 Time limits fixed in this Article may only be extended by mutual agreement in writing between the Company Union and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs Employer, or by order of the mediator are not borne by arbitrator or the Province of Manitoba, the expenses and fees Chairman of the mediator shall be borne equally by Board of Arbitration upon the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion application of either party, who are expressly empowered to make any order necessary for the Company or the Unionfair, just and expeditious resolution of any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, becomes the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing subject of the matter in disputearbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When 21.01 Where a party desires difference arises as to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that a grievance be submitted to arbitrationthis Agreement has been violated, that party shall either of the parties may, after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the matter difference or allegation to arbitration within fourteen a sole arbitrator and the notice shall contain the names of three (143) calendar days after the date the decision at Step 2 arbitrators.
21.02 The recipient of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual notice shall within five (5) days inform the other party of acceptance of one of the above panel whothree (3) arbitrators or alternatively, having been requested in their turn may submit a list of three (3) arbitrators.
21.03 At this time, both parties will attempt to act as arbitrator come to agreement on an arbitrationselecting a sole arbitrator.
21.04 In the event the parties are unable to agree on a sole arbitrator, the Minister of Labour for Ontario shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelappoint a single arbitrator.
10.03 21.05 The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it.
21.06 No person may be appointed as an arbitrator who has been involved in any attempt to negotiate or settle the grievance being arbitrated, unless both parties agree.
21.07 The Arbitrator shall not be deemed authorized to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions decision inconsistent with the provisions hereof. The arbitrator provision thereof nor to deal with any matter not covered by the Agreement or any matter which does not involve the interpretation, application, administration or alleged violation of this agreement.
21.08 Each party shall have pay one-half (1/2) of the authorityremuneration and expenses of the Sole Arbitrator and each party shall bear the expenses for their own representatives and any other expenses incurred in presenting their case.
21.09 In cases of grievance for discharge, within suspension, or other actions of discipline, such grievance may be settled by confirming the above limitationsCompany’s decision in discharging, to dispose of grievances in such manner as they may deem suspending or disciplining the employee, or by reinstating the employee with full or partial compensation for time lost, or by any other arrangement which is just and equitable in the circumstances.
10.07 The findings and decision 21.10 No claim for compensation shall be retroactive for more than twenty (20) working days prior to the date of filing of the arbitrator grievance, except in cases where a clerical error has been made by the Company on all arbitrable questions shall be final and binding upon all parties concernedcalculating rates of pay or payroll deductions.
10.08 The Company and 21.11 As an alternative to a Sole or Single Arbitrator, a Board of Arbitration may be requested by either party if mutually agreeable. Each party shall bear the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties their own appointees to the arbitration proceedingsBoard.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 Failing settlement of a grievance under the preceding procedure, such grievance may be submitted to arbitration within ten (10) working days of either receipt of the Step 4 response or the expiry of the time limit for response by the Employer, or where the parties consent to proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure.
10.02 If a grievance is not referred to arbitration within the ten (10) working day period, the grievance will be conclusively deemed to have been abandoned.
(a) When a either party desires requests that a grievance be submitted referred to arbitration, that party the request shall notify be made in writing addressed to the other party to this Collective Agreement.
(b) The following arbitration provisions shall apply:
(i) At the request of its desire either party, parties will meet and negotiate an Anishinabek Arbitration provision. Following the negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect;
(ii) Pending the negotiation of an Anishinabek Arbitration provision:
A. the Employer and the Union make an attempt to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to agree upon a single arbitrator to be chosen in rotation from Anishinabek Arbitrator;
B. failing agreement on a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) dayssingle Anishinabek Arbitrator, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company Employer and the Union shall each pay select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson;
C. at any time and despite Articles 10.03(b)(ii) (A) and (B), with the consent of the Employer and the Union a single Arbitrator may be used.
(c) It is understood that the Arbitrator shall interpret this Collective Agreement and shall only deal with the questions which are submitted, and shall have no power to alter, add to, or amend this Collective Agreement.
(d) The Employer and the Union shall each be responsible for the fees and expenses of its own appointee, if any, and for one-half (½1/2) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration individual appointed pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter Anishinabek Arbitration provision as the Chairperson or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees single arbitrator agreed to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeparties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When Both parties to this Agreement agree that any dispute or grievance concerning the meaning, interpretation, application, administration or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article 9 and which has not been settled or withdrawn without prejudice will be referred to a Board of Arbitration, at the written request of either of the parties hereto.
10.02 The Board of Arbitration will be composed of one person appointed by the Town, one person appointed by the Union, and the third person to act as Chairman chosen by the other two members of the Board.
10.03 Within ten (10) working days of the written request by either party desires that for a grievance be submitted to arbitrationBoard, that each party shall notify the other party of the name of its desire to submit the matter to arbitration appointee. The appointees, within fourteen ten (1410) calendar working days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is said request, shall endeavour to be submitted agree upon a Chairman for the Board.
10.04 Should the appointee fail to agree on a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Chairman, the Ministry of Labour of the above panel who, having been requested in their turn Province of Ontario will be asked to nominate a person to act as arbitrator on an arbitration, Chairman in accordance with the provisions of the Ontario Labour Relations Act for resolving such impasses.
10.05 No person shall be unable or unwilling to act, they shall not again be requested to act selected as arbitrator on any arbitration until their name comes up again on who has been directly involved in attempts to negotiate or settle the regular rotation of the panelgrievance.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. 10.06 The decision of the arbitrator shall be given within a period Board of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions Arbitration shall be final and binding upon all the parties concernedand upon any employee affected by it. In the absence of a majority decision, the decision of the Chairman shall be accepted as the decision of the Board.
10.07 The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from any provisions of this Agreement.
10.08 The Company Each of the parties to this Agreement will bear the expense of the arbitrator appointed by it; and the Union shall each pay one-half (½) parties will jointly bear the expenses, if any, of the fees and expenses of the arbitratorChairman.
10.09 No grievance Where both parties agree, a single Arbitrator who shall have the same powers and limitations as a Board of Arbitration may be submitted substituted for a Board of Arbitration. In such case, the parties shall endeavour to arbitration which has not been properly carried through all agree on the requisite Steps selection of an Arbitrator. In the grievance procedureevent the parties are unable to agree, a Board of Arbitration shall be constituted in accordance with paragraphs 10.02, 10.03 and 10.04.
10.10 The time Time limits set out referred to in the grievance procedure (this Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between of the Company and the Unionparties.
10.11 In Notwithstanding the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employeeabove, either party may request that this arbitration be heard by a three (3) person panel. In use the provisions of Section 49 of the Labour Relations Act.
10.12 The Union will reimburse the Town for wages and benefits of those instances, Union employees who attend on behalf of the parties agree that they shall appoint their nominees to the panel, which shall be chaired Union or who are subpoenaed by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available Union to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeattend Arbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 13.01 Where a grievance relating to the meaning, application, or alleged violation of this Agreement is still unresolved after the grievance procedure has been exhausted, there shall be submitted no stoppage of work, but the Union or MTS, MTS Allstream Inc. may initiate Arbitration proceedings as outlined herein.
13.02 Each party within seven (7) working days of such notice will appoint a member to arbitration, that party a Board of Arbitration. The two (2) members shall notify the other party of its desire then choose a Chairperson. If they are unable to submit the matter to arbitration agree on a Chairperson within fourteen (14) calendar working days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to actservice aforesaid, they shall request the Minister to appoint a Chairperson.
13.03 The Board of Arbitration shall not again have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions thereof, and in reaching its decision it shall be requested bound by the terms and provisions of this Agreement. It shall, before the hearing, require the representative of the parties to act as arbitrator on any arbitration until their name comes up again attend before it to define the questions relating to the meaning, application or alleged violation to be arbitrated and to establish the procedure to be followed at the hearing. The Board shall complete its sittings and hand down its award within thirty (30) days of its appointment, except that this time limit may be extended with the mutual consent of the Union and MTS, MTS Allstream Inc. The decision of the Board of Arbitration shall be final and binding on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorparties. The decision of the arbitrator majority of the Board of Arbitration shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case Board of a policy grievanceArbitration and if there is no majority decision, the decision of the Union) at Step 2 of the grievance procedure Chairperson shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedBoard of Arbitration.
10.08 The Company 13.04 Each party shall pay the fees and the Union shall each pay expenses of its own appointee and one-half (½) of the fees and expenses of the arbitratorChairperson and of any clerk or stenographer whom the Board may require.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When 8.01 Where a party desires difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitral, or where an allegation is made that a grievance be submitted to arbitrationthis Agreement has been violated, that party shall either of the parties may after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the matter difference of allegation to arbitration within fourteen (14) calendar days after Arbitration. This Notice shall contain the date the decision at Step 2 name of the grievance procedure was or should have been given. first party's appointee to an Arbitration Board.
8.02 The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual recipient of the above panel whoNotice shall, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight five (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (285) days, advise the matter will be referred other party of the name of its appointee to the Manitoba Labour Board which Arbitration Board. The two appointees so selected shall within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the Notice fails to appoint an arbitratorArbitrator, or if the two appointees fail to agree upon a Chairperson, within the time limit stated herein, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party.
8.03 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision. This decision shall be final and binding upon the parties and any employee affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orArbitration Board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 Chairperson shall govern.
8.04 The decision of the grievance procedure Arbitration Board shall be presented include a direction to the arbitratorparties to do, or abstain from doing, anything necessary or appropriate to give effect to the true intent and the award meaning of the arbitrator shall be confined to the issues therein set outdecision.
10.06 In no event 8.05 The Arbitration Board shall the arbitrator not have power to alter, modify or amend any part of this Agreement, Agreement nor shall they have the authority to make any decisions decision inconsistent with therewith, but may refer to any part of this Agreement, which may appear to the provisions hereofBoard to be relevant, whether or not previous reference has been made thereto.
8.06 In any case arising out of any form of discipline, or the loss of any remuneration, benefit or privilege, the Arbitration Board shall have full power to direct that the penalty or loss complained of shall be confirmed, varied, amended, rescinded or repaid, either in whole or in part, but except as aforesaid, the Board shall have no power to award costs or damages to either party.
8.07 Each party shall pay its own expenses, including expenses for appointees and witnesses. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps chairperson of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator Arbitration Board shall be borne equally by the parties to the arbitration proceedingsparties.
10.12 Grievances referred 8.08 Nothing contained above in this Article shall prevent the parties from mutually agreeing to arbitration concerning disciplinary matters and/or only affecting an individual employee shall a single Arbitrator.
8.09 It will be heard by a sole the responsibility of the Arbitrator as herein before set out. In the sole discretion of either the Company or the UnionArbitration Board to determine the precise issue(s) in dispute and settlement sought, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one regardless of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee construction of the Union and an appointee of original language in which the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a written grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputewas first presented.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a 9.01 Failing settlement of any grievance under the foregoing procedure, the grievance may be submitted to arbitration, that party shall notify the other party arbitration as hereinafter provided. If no written notice of its desire to submit the matter referral to arbitration is received within fourteen (14) 21 calendar days after the date the decision at under Step 2 of the grievance procedure was Two is given or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of , the above panel who, having been requested in their turn to act as arbitrator on an arbitration, grievance shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing have been abandoned.
9.02 When either party wishes to act unless they are in have a grievance referred to arbitration, it shall give written notice of such referral to the position other party within the time limits set out above, and at the same time appoint its nominee to convene the hearing within twenty-eight (28) days from the date of their selectionArbitration Board. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) Within seven calendar days, the matter will be referred to the Manitoba Labour Board which other party shall appoint an arbitratorits nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The decision two nominees shall attempt to select, by agreement, a chairperson of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingArbitration Board.
10.04 The 9.03 No person may be appointed as an arbitrator may determine their own procedure but shall give full opportunity who has been involved in an attempt to all parties to present evidence and to make representationsnegotiate or settle the grievance.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 9.04 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedure.
10.10 9.05 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the Agreement, nor to alter, modify, add to, or amend any part of this Agreement.
9.06 The proceedings of the Arbitration Board will be expedited by the parties hereto; and the decision of the majority or, where there is no majority, the decision of the chairperson, will be final and binding upon the parties hereto and the employee(s) concerned.
9.07 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share, equally, the fees and expenses of the chairperson of the Arbitration Board.
9.08 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) procedures herein are mandatory and may only be extended failure to comply strictly with such time limits, except by mutual the written agreement of the parties, shall result in writing between the Company grievance being deemed to have been abandoned and section 48(16) of the UnionOntario Labour Relations Act shall not apply.
10.11 In the interest of settling a grievance prior 9.09 The parties may mutually agree to substitute an arbitration hearing either party may request the assistance of board for a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses single arbitrator and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or all other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they Article shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeapply with appropriate changes.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 8.01 When a either party desires requests that a grievance be submitted to arbitrationarbitration as provided under Article 7, that party it shall notify make such a request in writing addressed to the other party to this Agreement and, at the same time, nominate a nominee. Within seven (7) calendar days thereafter, the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Federal Minister of its desire Labour shall have power to submit effect such appointment upon application thereto by the matter party invoking arbitration procedure. The two (2) nominees so nominated shall confer immediately and shall attempt to arbitration select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within fourteen a period of seven (147) calendar days after the date the decision at Step 2 nomination of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to actsecond nominee, they shall not again be requested or either of them may request the Federal Minister of Labour to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelappoint a Chairperson.
10.03 The arbitrator shall not 8.02 No person may be deemed appointed a nominee who has been involved in an attempt to be willing to act unless they are in negotiate or settle the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearinggrievance.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 8.03 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps previous steps of the grievance procedureGrievance Procedure.
10.10 The 8.04 Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration.
8.05 Any and all time limits set out in referred to under the grievance procedure (Article 9) Grievance and the arbitration provisions (Article 10) are mandatory and may only Arbitration Procedures herein may, at any time, be extended by mutual written agreement in writing between the Company Employer and the Union.
10.11 8.06 The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Employer, the Union and the employee(s) affected, provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Agreement.
8.07 In determining any discharge, the interest Board of settling a grievance prior Arbitration shall have the authority to:
(a) affirm the Employer's action and dismiss the grievance, or;
(b) set aside the penalty imposed by the Employer and restore the grievor to an arbitration hearing either party the grievor's former position with or without compensation, or;
(c) vary or alter the penalty imposed by the Employer, or make such other determination as the Board in its discretion may request deem just and reasonable.
8.08 At any stage of the Grievance Procedure, including Arbitration, the parties may have the assistance of a grievance mediator from the Manitoba Labour Boardemployee(s) concerned as witnesses and any other necessary witnesses. In All reasonable arrangements will be made to permit the event conferring parties or the costs arbitrators to have access to any part of the mediator are not borne by Employer's premises to view any working conditions which may be relevant to the Province of Manitoba, the expenses and fees settlement of the mediator grievances. Time spent during the grievance or arbitration process shall be borne equally by the parties deemed to be time worked up to the arbitration proceedingsbasic worked day or work week.
10.12 Grievances referred 8.09 The parties may agree to arbitration concerning disciplinary matters and/or only affecting appoint a Single Arbitrator rather than an individual employee Arbitration Board, in which case all references to 'Arbitration Board' shall be heard by a sole Arbitrator read as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per 'Single Arbitrator' throughout this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeArticle.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 24.1 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitral or where an allegation is made that this agreement has been violated, either party may, within thirty (30) working days, after exhausting the Grievance Procedure provided herein, request that the matter be submitted to arbitration.
24.2 When a either party desires requests that a grievance matter be submitted to arbitration, that party shall notify such a request will be made in writing to the other party of its desire to submit this Agreement, and the matter to arbitration within fourteen (14) calendar days after notice shall contain the date the decision at Step 2 name of the grievance procedure was or should have been givenfirst party appointee to the Arbitration Board, and the subject to be arbitrated.
24.3 The recipient of the notice will, within five (5) working days, advise the first party of the name of its appointee to the Arbitration Board. The matter is two appointees so nominated may meet and try to be submitted settle the grievance. If within three (3) working days, they fail to reach an agreement, they will attempt to select by agreement, a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn third member to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation impartial Chair of the panelArbitration Board.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in 24.4 If the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none recipient of the above arbitrators is willing notice fails to convene appoint an Arbitrator, or if the two appointees fail to agree upon a hearing Chair within twenty-eight four (284) working days, the matter Ontario Labour Relations Board will be referred asked to the Manitoba Labour Board which shall appoint name an arbitrator. impartial Chair.
24.5 The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing majority of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation members of the aggrieved employee at Step 2 of the grievance procedure (orBoard will be final and binding, and in the case absence of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievancemajority decision, the decision of the Union) at Step 2 Chair will be final and binding.
24.6 Each party will be responsible for the expenses of their own appointee and responsible also for an equal share of the grievance procedure shall be presented to fees and expenses, if any, incurred by the arbitrator, and the award of the arbitrator shall be confined to the issues therein set outChair.
10.06 In no event shall 24.7 Neither an Arbitration Board nor a Single Arbitrator is authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify modify, amend or amend supplement any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision 24.8 As an alternative to a Board of the Arbitration, a sole arbitrator on all arbitrable questions shall may be final and binding upon all parties concernedused if mutually agreeable.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 24.9 The time limits set out outlined in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and this article may only be extended by upon mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsparties.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. 7.01 The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In this Agreement agree that any arbitration, grievance concerning the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union interpretation or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part alleged violation of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration Agreement which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure outlined in Article 6 above and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto.
10.10 7.02 The time limits set out Board of Arbitration will be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third (3rd) person to act as Chairman chosen by the other two (2) members of the Board.
7.03 Within five (5) working days of the request of either party for the Board of Arbitration, each party shall notify the other of the name of its appointee.
7.04 Should the person chosen by the Employer to act on the Board and person chosen by the Union fail to agree on a third (3rd) member as Chairman within five (5) days of the notification mentioned in 7.03 above, the Office of Arbitration will be asked to appoint a Chairman.
7.05 The decisions of the Board of Arbitration or a majority of such Board constituted in the grievance procedure (Article 9) above manner, or if there is no majority, the decision of the Chairman, shall be binding upon the employee, the Union and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the UnionEmployer.
10.11 In the interest 7.06 The Board of settling a grievance prior Arbitration shall not have any power to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs alter or change any of the mediator are not borne by provisions of this Agreement or substitute any new provisions for any existing provisions nor to give any decisions inconsistent with the Province terms and provisions of Manitoba, the expenses and fees this Agreement.
7.07 Each of the mediator shall be borne equally by the parties to this Agreement will bear the arbitration proceedingsexpense of the Arbitrator appointed by it and the parties will jointly bear the expense, if any, of the Chairman.
10.12 Grievances referred 7.08 Any arbitrator or board of arbitration, with the jurisdiction to arbitration concerning disciplinary matters interpret, apply or enforce this Collective Agreement, whether such jurisdiction is derived from the Collective Agreement and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the futureOntario Labour Relations Act, shall consider all relevant evidence and with respect to such evidence is not, and shall not, be heard restricted by a three (3) person panel. The chair shall be selected from one any limitation concerning the introduction of evidence which may apply to applications under sections of the three individuals listed in Article 10.01 as per this article and Ontario Labour Relations Act.
7.09 In addition to the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer above noted procedures, a grievance to arbitration pursuant arising out of any provision of this Collective Agreement may be referred to the expedited arbitration procedures established by the Local 183 Expedited Enforcement System, attached hereto as Appendix “C”. It is further agreed that the terms and provisions of The the Local 183 Expedited Enforcement System form part of this Collective Agreement and the terms and conditions of the Local 183 Expedited Enforcement System, along with any other part of this Collective Agreement, may be interpreted and applied by an arbitrator or board of arbitration with jurisdiction arising out of this Collective Agreement, the Local 183 Expedited Enforcement System, or the Ontario Labour Relations Act.
7.10 Notwithstanding Article 7.09 above, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party discipline and/or discharge grievance may request that this only be referred to arbitration be heard by a three (3) person panel. In those instances, under the parties agree that they shall appoint their nominees to Local 183 Expedited Enforcement System if the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter Employer so agrees in disputewriting.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When 6.01 Where a party desires difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to whether a grievance be submitted to arbitrationmatter is arbitrable, that party shall either of the parties may, within the time limit specified in Clause 5.02, Step 3, notify the other party in writing of its desire to submit the matter difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an Arbitrator by the party giving notice.
6.02 The party to whom notice is given under Clause 6.01 shall, within fourteen ten (1410) calendar days after receipt of such notice, appoint an Arbitrator and notify the other party of the name of the Arbitrator.
6.03 The two (2) arbitrators appointed in accordance with Clause 6.01 and Clause 6.02 shall, within ten (10) days after the date the decision at Step 2 appointment of the grievance procedure was or should have been givensecond of them, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The matter is to Arbitrator appointed under this Clause shall be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual the Chairperson of the above panel whoArbitration Board.
6.04 If:
(a) the party to whom notice is given under Clause 6.01 fails to appoint an Arbitrator within the period specified in Clause 6.02, having been requested in their turn to act as arbitrator on an arbitrationthe Minister of Human Resources, shall be unable or unwilling to actLabour and Employment shall, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation request of either party, appoint an Arbitrator on behalf of the panel.
10.03 The arbitrator party who failed to make the appointment and such an Arbitrator shall not be deemed to be willing appointed by that party; or
(b) the two (2) Arbitrators appointed by the parties under Clause 6.01 and Clause 6.02 fail to act unless they are appoint a third Arbitrator within the period specified in Clause 6.03, the position Minister responsible for the Labour Relations Agency shall, on the request of either party, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed under this paragraph (b) shall be Chairperson of the Arbitration Board.
6.05 Both parties to convene a grievance shall be afforded the hearing opportunity of presenting the evidence and argument thereon and may employ counsel or any other person for this purpose.
6.06 If a party fails to attend or be represented without good cause at an arbitration hearing, the Arbitration Board may proceed as if the party had been present or represented.
6.07 The Arbitration Board shall render its decision on the grievance within twenty-eight fifteen (2815) days from of the date of their selection. In on which the event none of the above arbitrators Board is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) fully constituted and the decision of the Company Board shall be committed to writing and submitted to the parties concerned within a further ten (or, in 10) days.
6.08 The decision of the case majority of a policy grievance, the members of an Arbitration Board shall be the decision of the Union) at Step 2 Board. The decision of an Arbitration Board shall be signed by the members of the Board making the majority report.
6.09 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance procedure and they shall be presented comply with the decisions of an Arbitration Board appointed in accordance with those provisions and do, or as the case may be, abstain from doing anything required by that decision.
6.10 Each party required by this Agreement to appoint an Arbitrator shall pay the arbitratorremuneration and expenses of that Arbitrator or of the Arbitrator deemed to have been appointed by that party under Clause 6.04 and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board.
6.11 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in the award of the arbitrator shall be confined to the issues therein set outarbitration proceedings.
10.06 In no event shall the arbitrator 6.12 An Arbitration Board may not alter, modify or amend any part provision(s) of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Agreement but shall have the authority, within the above limitations, power to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and set aside a decision of the arbitrator on all arbitrable questions shall be final Employer and binding upon all parties concernedto modify a disciplinary measure imposed by the Employer.
10.08 The Company 6.13 Subject to Article 23, in cases of dismissal and suspension, the burden of proof shall rest with the Employer and the Union employee shall each pay one-half have recourse to the Grievance Procedure.
6.14 Either party may, within seven (½7) days after receipt of the fees and expenses report of the arbitratorArbitration Board, request the Board to reconvene for the purpose of clarifying its decision.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps 6.15 At any stage of the grievance procedure.
10.10 The time limits set out in Grievance or Arbitration Procedures, the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request parties shall have the assistance of any employee(s) concerned as witnesses and any other witness.
6.16 Employees who are called as witnesses and appear before an Arbitration Board established in accordance with this Article shall suffer no loss of pay or benefits for the time spent at the arbitration hearing, provided that the number of witnesses is kept to a reasonable limit.
6.17 Where a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances is referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard in accordance with Clause 5.02, both parties may, by mutual consent, agree to have the dispute dealt with by a sole Arbitrator as herein before set outwho is acceptable to both sides, instead of an Arbitration Board. In such a case, the provision(s) of this Article as they relate to an Arbitration Board or Chairperson of an Arbitration Board shall apply to the sole discretion of either Arbitrator where the Company or context so requires.
6.18 An employee who is discharged shall have the Union, any policy right to have the employee's grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panelsingle Arbitrator at the Union's request. The chair shall be selected from one of In exceptional circumstances, the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party Employer may request that an Arbitration Board be constituted in such cases. Grievances of this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which type shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available automatically submitted to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputearbitration unless otherwise mutually agreed.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party desires that a grievance be submitted to arbitrationmay, that party shall after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the matter difference or allegation to arbitration arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other within fourteen (14) seven calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenreply under Step 2. The matter is recipient party shall, within seven calendar days, advise the other of the name of its appointee to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇the Arbitration Board.
10.02 If any individual of the above panel whoThe two appointees so selected shall, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) one calendar days from the date of their selection. In the event none of the above arbitrators is willing appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient party fails to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of the arbitrator majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orArbitration Board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 Chairperson shall govern.
10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10.04 Each of the grievance procedure shall be presented to parties hereto will bear the arbitrator, expenses of an Arbitrator appointed by it and the award parties will jointly share the expenses of the arbitrator shall be confined to Chairperson of the issues therein set outArbitration Board, if any.
10.06 In no event 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all 10.06 Where both parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No to this Agreement agree, a grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article arbitrator and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration other provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they Article shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeapply fully with necessary modifications.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 Failing settlement of a grievance under the preceding procedure, such grievance may be submitted to arbitration within ten (10) working days of either receipt of the Step 4 response or the expiry of the time limit for response by the Employer, or where the parties consent to proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure.
10.02 If a grievance is not referred to arbitration within the ten (10) working day period, the grievance will be conclusively deemed to have been abandoned.
(a) When a either party desires requests that a grievance be submitted referred to arbitration, that party the request shall notify be made in writing addressed to the other party to this Collective Agreement.
(b) The following arbitration provisions shall apply:
(i) At the request of its desire either party, the parties will meet and negotiate an Anishinabek Arbitration provision. Following the negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect;
(ii) Pending the negotiation of an Anishinabek Arbitration provision:
A. the Employer and the Union will attempt to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to agree on a single arbitrator to be chosen in rotation from Anishinabek Arbitrator;
B. failing agreement on a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) dayssingle Anishinabek Arbitrator, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company Employer and the Union shall each pay select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson;
C. at anytime and despite Articles 10.03(b)(ii)(A) and (B), with the consent of the Employer and the Union a single Arbitrator may be used.
(c) It is understood that the Arbitrator shall interpret this Collective Agreement and shall only deal with the questions which are submitted, and shall have no power to alter, add to, or amend this Collective Agreement.
(d) The Employer and the Union shall each be responsible for the fees and expenses of its own appointee, if any, and for one-half (½1/2) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration individual appointed pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter Anishinabek Arbitration provision as the Chairperson or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees single arbitrator agreed to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeparties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 14.01 If a grievance is not settled at Step 3, either party may notify the other within a further period of fifteen (15) working days (five [5] days in the case of a suspension or discharge grievance) after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the grievance, a statement of the issue in dispute, and a statement of the type of remedy sought by the party from an arbitrator.
14.02 The provisions of this article shall be submitted based on the use of a single arbitrator, unless the provisions of Article 14.06 are specifically invoked. Sole Arbitrators shall be selected in rotation from the following list, commencing with the first person named. For each successive referral to arbitration, that party the next person named shall notify be selected: If the other party of its desire to submit person selected is unavailable within a reasonable time, the matter to arbitration within fourteen (14) calendar days after next person on the date the decision at Step 2 of the grievance procedure was or should have been givenlist shall be selected. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Should none of the above panel whobe available within a reasonable time, having been requested in their turn the parties may select a mutually agreeable alternative. In any event, the parties shall attempt to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation select a Sole Arbitrator within twenty (20) working days of the panel.
10.03 The arbitrator shall not be deemed notice of intent to be willing proceed to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selectionarbitration. In the event none of that the above arbitrators is willing parties are unable to convene agree on a hearing within twenty-eight (28) daysa reasonable time, either party may request that the matter will Minister of Labour appoint a Sole Arbitrator.
14.03 The jurisdiction of the arbitrator shall be referred confined to the Manitoba Labour Board which shall appoint an arbitratorissue in dispute. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedthe parties.
10.08 14.04 In the event that an arbitrator deals with a matter relating to discharge, suspension, or disciplinary action, then the arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award he/she may deem just and reasonable which would be consistent with the terms of the Collective Agreement.
14.05 The Company parties shall jointly and the Union shall each pay one-half (½) of equally bear the fees and expenses of the arbitrator.
10.09 No 14.06 The parties may jointly request the establishment of a board of arbitration in respect of any grievance may be submitted for arbitration. In such a case, the parties shall each appoint a nominee to the board of arbitration which has not been properly carried through all and the requisite Steps chairperson of the grievance procedure.
10.10 The time limits board of arbitration will be one of the arbitrators set out in Article 14.02 or such other chairperson as the grievance procedure (Article 9) two nominees appointed by the parties otherwise agree. Each party shall bear the fees and expenses of its own nominee to an arbitration board, and the arbitration parties shall jointly and equally bear the fees and expenses of the Chairperson. The provisions (of Article 10) are mandatory 14 apply to a board of arbitration. The decision shall be unanimous or one reached by the majority of the members of the board; however, if there is no majority decision of the board, then the decision of the Chairperson shall constitute the final and binding decision of the board.
14.07 Saturdays, Sundays, and University holidays will not be counted in determining the time within which action is to be taken or completed under the Arbitration Procedure.
14.08 Time limits set forth in this article may only be extended by mutual agreement in writing between the Company and the Unionparties herein.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 15.01 When a party desires difference arises between the parties relating to the interpretation, application or administration of this Agreement, or where an allegation is made that a this Agreement has been contravened, either of the parties may, after exhausting any grievance be submitted to arbitrationprocedure established by this agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration within fourteen (14) calendar days after and the date notice shall contain the decision at Step 2 name of the grievance procedure was or should have been given. first party's appointee to an Arbitration Board.
15.02 The matter is to be submitted to recipient of the notice shall within ten (10) working days, of receipt, inform the other party either that it accepts the other party's appointee as a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual or inform the other party of the above panel whoname of its appointee to the Arbitration Board.
15.03 A single arbitrator will only be appointed by the mutual agreement of both parties.
15.04 Where two appointees are so selected they shall, having been requested in their turn within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the chairperson.
15.05 If the recipient of the notice fails to act appoint an arbitrator or if the two appointees fail to agree upon a chairperson within the time limits, the appointment shall be made by the Labour Relations Board upon the request of either party.
15.06 A single arbitrator or the Arbitration Board, as arbitrator on an arbitrationthe case may be, shall be unable hear and determine the difference or unwilling to act, they allegation and shall not again be requested to act as arbitrator on issue a decision and the decision is final and binding upon the parties and upon any arbitration until their name comes up again on the regular rotation of the panelemployee or employer affected by it.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. 15.07 The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orArbitration Board but, in the case of a policy grievanceif there is no majority, the decision of the Union) at Step 2 chairperson governs.
15.08 The arbitrator or Arbitration Board, as the case may be, shall not by decision add to, delete from, modify or otherwise amend the provisions of this Agreement.
15.09 The initial notice requesting submission of the grievance procedure to an arbitrator or Board of Arbitration shall be presented delivered not later than ten (10) working days after the time limit for exhaustion of the applicable procedure contained in this Agreement.
15.10 Any notice required under this Article shall be in writing by registered mail or personal delivery or by fax to the arbitrator, and parties at their respective mailing addresses.
15.11 Each party may be represented at the award arbitration by representatives of its choice.
15.12 Each of the arbitrator parties shall be confined bear the fees and expenses of its nominee to the issues therein set out.
10.06 In no event Arbitration Board and shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of jointly share the fees and expenses of the arbitratorChairperson.
10.09 No grievance 15.13 Time limits may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between of the Company and the Unionparties.
10.11 In 15.14 The term “working days” when used in this Article shall mean Monday to Friday inclusive, throughout the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobayear, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsbut excluding statutory holidays as defined in this Agreement.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all 6.01 Both parties to present evidence and to make representations.
10.05 In this Agreement agree that any arbitration, grievance concerning the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union interpretation or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part alleged violation of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration Agreement which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure outlined in Article 5 above and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto.
10.10 6.02 The time limits Board of Arbitration will be composed of one (1) person appointed by the Association, one (1) person appointed by the Council and a third (3rd) person to act as Chairperson chosen by the other two (2) members of the Board.
6.03 Within two (2) working days of the request of either party for a board, each party shall notify the other of the name of its appointee.
6.04 Should the person chosen by the Association to act on the board and the person chosen by the Council fail to agree on a third member as Chairperson within five (5) days of the notification mentioned in Article 6.03 above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chairperson.
6.05 The decisions of the Board of Arbitration or a majority of such board, constituted in the above manner, or if there is no majority, the decision of the Chairperson, shall be binding upon the employees, the Union, the Council, the Employer and the Association.
6.06 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.
6.07 Each of the parties to this Agreement will bear the expense of the arbitrator appointed by it, and the parties will jointly bear the expense, if any, of the Chairperson.
(a) The nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only not be subject to change in later steps;
(b) In determining the time which is allowed in the various steps, Sundays and Statutory Holidays shall be excluded, and any time limits may be extended by mutual agreement in writing between writing;
(c) If advantage of the Company provisions of Article 5 and 6 hereof is not taken within the Uniontime limits specified therein or as extended in writing, as set out above, the grievance shall be deemed to have been abandoned and may not be reopened.
10.11 6.09 In addition to the interest of settling a grievance prior to an arbitration hearing procedures set out herein, either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to arbitration, under the expedited arbitration provisions of The Labour Relations ActExpedited Arbitration System, which involves a policy matter or a matter which could potentially affect more than one (1) employeeattached hereto as Appendix ―VII‖, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputewhere appropriate.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01
9.01 When a either party desires requests that a grievance be submitted to arbitration, that party as provided under Article 8, it shall notify make such a request in writing, addressed to the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been giventhis Agreement. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company Employer and the Union shall each pay one-half agree on an arbitrator within ten (½10) working days, or such longer period as the parties may agree to, of the fees request by either party of its intent to submit a dispute to arbitration. Failing which and expenses within the same period of time, either party may request the Minister of Labour, of the Province of Ontario, to appoint a single arbitrator.
10.09 9.02 No grievance person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
9.03 No matter may be submitted to arbitration which has not been properly carried through all the requisite previous Steps of the grievance procedureGrievance Procedure.
10.10 The 9.04 Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration.
9.05 Any and all time limits set out in the grievance procedure (referred to under this Article 9) and the arbitration provisions (Article 10) are mandatory and may only may, at any time, be extended by mutual written agreement in writing between the Company Health Centre and the Union.
10.11 9.06 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on the Health Centre, the Union, and the employee(s) affected provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Collective Agreement.
9.07 In determining any discharge, the interest Board of settling Arbitration shall have the authority to:
(a) affirm the Health Centre's action and dismiss the grievance, or;
(b) set aside the penalty imposed by the Health Centre and restore the grievor to her former position with or without compensation, or;
(c) vary or alter the penalty imposed by the Health Centre, or make such other determination as the Board, in its discretion, may deem just and reasonable.
9.08 The parties may agree to a grievance prior to an arbitration hearing either party Single Arbitrator, by mutual agreement, who shall have all the same rights as a Board of Arbitration.
9.09 At any stage of the Grievance Procedure, including arbitration, the parties may request have the assistance of a grievance mediator from the Manitoba Labour Boardemployee(s) concerned as witnesses and any other necessary witnesses. In All reasonable arrangements will be made to permit the event conferring parties or the costs arbitrator(s) to have access to any part of the mediator are not borne by Health Centre to view any working conditions which may be relevant to the Province of Manitoba, the expenses and fees settlement of the mediator grievance. Time spent during the grievance process shall be borne equally by the parties deemed to be time worked up to the arbitration proceedingsbasic work day or work week.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. 9.10 The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board use a roster of arbitrators for the hearing purpose of the matter in dispute.9.01 above. They shall be;
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When 6.01 Where a party desires difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to whether a grievance be submitted to arbitrationmatter is arbitrable, that party shall either of the parties may, within the time limit specified in Clause 5.02 (Step 5), notify the other party in writing of its desire to submit the matter difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an Arbitrator by the party giving notice.
6.02 The party to whom notice is given under Clause 6.01 shall, within fourteen ten (1410) calendar days after receipt of such notice, appoint an Arbitrator and notify the other party of the name of the Arbitrator.
6.03 The two (2) Arbitrators appointed in accordance with Clause 6.01 and 6.02 shall, within ten (10) days after the date the decision at Step 2 appointment of the grievance procedure was or should have been givensecond of them, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The matter is to Arbitrator appointed under this Clause shall be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual the Chairperson of the above panel whoArbitration Board.
6.04 If
(a) the party to whom notice is given under Clause 6.01 fails to appoint an Arbitrator within the period specified in Clause 6.02, having been requested in their turn to act as arbitrator on an arbitrationthe Minister of Human Resources, shall be unable or unwilling to actLabour and Employment shall, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation request of either party, appoint an Arbitrator on behalf of the panel.
10.03 The arbitrator party who failed to make the appointment and such an Arbitrator shall not be deemed to be willing appointed by that party. or
(b) the two (2) Arbitrators appointed by the parties under Clauses 6.01 and 6.02 fail to act unless they are appoint a third Arbitrator within the period specified in Clause 6.03, the position Minister of Human Resources, Labour and Employment, on the request of either party, shall appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed under this paragraph (b) shall be Chairperson of the Arbitration Board.
6.05 Both parties to convene a grievance shall be afforded the hearing opportunity of presenting the evidence and argument thereon and may employ counsel or any other person for this purpose.
6.06 If a party fails to attend or be represented without good cause at an arbitration hearing, the Arbitration Board may proceed as if the party had been present or represented.
6.07 The Arbitration Board shall render its decision on the grievance within twenty-eight fifteen (2815) days from of the date of their selection. In on which the event none of the above arbitrators Board is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) fully constituted and the decision of the Company Board shall be committed to writing and submitted to the parties concerned within a further ten (or, in 10) days.
6.08 The decision of the case majority of a policy grievance, the members of an Arbitration Board shall be the decision of the Union) at Step 2 Board. The decision of an Arbitration Board shall be signed by the members of the Board making the majority report.
6.09 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance procedure and they shall be presented comply with the decisions of an Arbitration Board appointed in accordance with those provisions and do, or as the case may be, abstain from doing anything required by that decision.
6.10 Each party required by this Agreement to appoint an Arbitrator shall pay the arbitratorremuneration and expenses of that Arbitrator or of the Arbitrator deemed to have been appointed by that party under Clause 6.04 and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board.
6.11 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in the award of the arbitrator shall be confined to the issues therein set outarbitration proceedings.
10.06 In no event shall the arbitrator 6.12 An Arbitration Board may not alter, modify or amend any part provision(s) of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Agreement but shall have the authority, within the above limitations, power to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and set aside a decision of the arbitrator on all arbitrable questions shall be final Employer and binding upon all parties concernedto modify a disciplinary measure imposed by the Employer.
10.08 The Company 6.13 Subject to Article 24, in cases of dismissal and suspension, the burden of proof shall rest with the Employer and the Union employee shall each pay one-half have recourse to the Grievance Procedure.
6.14 Either party may, within seven (½7) days after receipt of the fees and expenses report of the arbitratorArbitration Board, request the Board to reconvene for the purpose of clarifying its decision.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps 6.15 At any stage of the grievance procedure.
10.10 The time limits set out in Grievance or Arbitration Procedures, the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request parties shall have the assistance of any employee(s) concerned as witnesses and any other witness.
6.16 Employees who are called as witnesses and appear before an Arbitration Board established in accordance with this Article shall suffer no loss of pay or benefits for the time spent at the arbitration hearing provided that the number of witnesses is kept to a reasonable limit.
6.17 Where a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances is referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard in accordance with Clause 5.02, both parties may, by mutual consent, agree to have the dispute dealt with by a sole Arbitrator as herein before set outwho is acceptable to both sides, instead of an Arbitration Board. In such a case, the provision(s) of this Article as they relate to an Arbitration Board or Chairperson of an Arbitration Board shall apply to the sole discretion of either Arbitrator where the Company or context so requires.
6.18 Employees who are discharged shall have the Union, any policy right to have their grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panelsingle Arbitrator at the Union's request. The chair shall be selected from one of In exceptional circumstances, the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party Employer may request that an Arbitration Board be constituted in such cases. Grievances of this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which type shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available automatically submitted to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputearbitration unless otherwise mutually agreed.
Appears in 2 contracts
Sources: Faculty Agreement, Faculty Agreement
Arbitration. 10.01 When a party desires that 6.01 Unless the provisions of Article 5 have been complied with, a grievance be submitted shall not proceed to arbitration, that Arbitration.
6.02 A grievance shall proceed to Arbitration if either party shall notify makes service upon the other of written notice within ten (10) working days of the decision being rendered from the Step 3 grievance meeting.
6.03 Within seven (7) working days of notice being provided as in Article 6.02, each party will appoint a member to a Board of its desire Arbitration. The two (2) members shall then choose a Chairperson. If they are unable to submit the matter to arbitration agree on a Chairperson within fourteen (14) calendar working days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to actservice aforesaid, they shall request the Federal Minister of Labour to appoint a Chairperson.
6.04 The Board of Arbitration shall not again be requested have any power to act as arbitrator on alter or change any arbitration until their name comes up again on the regular rotation of the panelprovisions of this Agreement, or to substitute any new provisions for any existing provisions, and in reaching its decision it shall be bound by the terms and provisions contained herein.
10.03 6.05 The arbitrator shall not be deemed Board of Arbitration may, before the hearing, require the representative of the parties to attend before it to define the issue(s) to be willing arbitrated and to act unless they are in establish the position procedure to convene be followed at the hearing hearing.
6.06 The Board of Arbitration shall complete its sittings and hand down its award within twenty-eight thirty (2830) days from the date of their selection. In the event none of the above arbitrators appointment of the Chairperson, except that this time limit may be extended with the mutual consent of the Union and the Company.
6.07 The decision of the majority of the Board of Arbitration shall be the decision of the Board of Arbitration, and if there is willing to convene a hearing within twenty-eight (28) daysno majority decision, the matter will decision of the Chairperson shall be referred to the Manitoba Labour decision of the Board which shall appoint an arbitratorof Arbitration. The decision of the arbitrator shall be given within a period Board of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions Arbitration shall be final and binding upon all parties concernedon the parties.
10.08 The Company 6.08 Each party shall pay the fees and the Union shall each pay expenses of its own appointee and one-half (½) of the fees and expenses of the arbitratorChairperson and of any clerk or stenographer whom the Board may require.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a party desires that a grievance [For clarification in this Article, day means Monday to Friday, January 1 to December 31 inclusive, excluding statutory holidays.]
17.1 No matter may be submitted to arbitration under this Article unless settlement thereof has been attempted through all of the steps of the grievance procedure outlined in Article 16. Failing resolution of the grievance under the provisions of the grievance procedure outlined in Article 16, the Union or Employer may, within five (5) days of the conclusion of the last step of the grievance, give notice of intent to submit the grievance to arbitration.
17.2 Within five (5) days of receipt of the written notice of intent to submit the grievance to arbitration, that a single arbitrator may be appointed by mutual agreement between the parties.
(a) If a single arbitrator is not appointed under Article 17.2, within five (5) days thereafter, the party referring the matter to arbitration shall notify the other party in writing indicating the name, address and telephone number of its desire nominee to submit an arbitration board. Within five (5) days thereafter, the matter other party shall respond in writing indicating the name, address and telephone number of its nominee to arbitration the board. The two (2) nominees shall then select a chairperson within fourteen five (145) calendar days after days.
(b) If either party fails to name a nominee or if the date two nominees fail to agree on a chairperson within the specified time limits under 17.3 (a), any required appointment shall be made by the Minister of Labour for the Province of Nova Scotia upon the request of either party.
17.4 The decision of the majority shall be the decision at Step 2 of the grievance procedure was or should have been givenarbitration board. The matter Where there is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual no majority decision, the decision of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, chairperson shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation decision of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorboard. The decision of the arbitrator board of arbitration shall be given within a period of twenty-one (21) days after the closing of the arbitration hearingfinal, binding and enforceable on all parties.
10.04 17.5 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation board of the aggrieved employee at Step 2 of the grievance procedure arbitration (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2single arbitrator) and shall not have the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented power to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify amend, modify, change or amend any part of this Agreement, nor shall they have the authority to make any decisions decision inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstancesthis Agreement.
10.07 The findings and decision 17.6 Each of the arbitrator on all arbitrable questions parties to the grievance shall be final bear the cost of their respective nominee and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the any fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has chairperson not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne covered by the Province Minister of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsLabour.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a In the event that the grievance is not settled at Step 3, the party desires that a having carriage of the grievance be submitted may request arbitration of the grievance by giving notice in writing to arbitration, that party shall notify the other party within twenty one (21) days from the delivery of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of 3, but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, the grievance procedure was or should have been given. The decision at Step 3 shall be final and binding upon both parties to this Agreement and upon any employee involved.
10.02 When either party requests that any matter is to be submitted to arbitration as herein before provided, it shall make such a single arbitrator request in writing addressed to the other party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the arbitration board. If they are unable to agree upon a chairman within a period of five (5) days, either of the parties shall then request the Minister of Labour for the province of Ontario to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelinterpreting collective agreements.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, hear and determine the matter will be referred to the Manitoba Labour Board and shall issue a decision which shall appoint an arbitratorbe final and binding upon the parties and upon any employee or employees affected by it. The decision of the arbitrator shall be given give a decision within a period of twenty-one thirty (2130) days after hearings on the closing matter submitted to arbitration are concluded. This time period for giving a decision may be extended at the discretion of the arbitration hearingsole arbitrator so long as he or she states in his or her decision the reasons for extending the time.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitrationnot be authorized, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event nor shall the arbitrator assume authority, to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions decision inconsistent with the provisions hereof. The arbitrator shall have the authoritythereof, within the above limitations, or to dispose of grievances in such manner as they may deem just in the circumstancesdeal with any matter not covered by this Agreement.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 10.05 No grievance matter may be submitted to arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureGrievance Procedure.
10.10 10.06 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs proceedings of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall arbitrator will be borne equally expedited by the parties to hereto, and the arbitration proceedingsdecision will be final and binding upon the parties hereto and the employee or employees concerned.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one 10.07 Each of the three individuals listed in Article 10.01 as per this article parties hereto will bear the fees and expenses of the nominee appointed by it and the panel shall be completed by an appointee parties will jointly bear the fees and expenses, if any, of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.the
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a 7.01 In any case in which Arbitration shall be required under this Agreement, the party desires that a grievance be submitted to arbitration, that party initiating the Arbitration shall notify advise the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested writing as required in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelArticle 6.08.
10.03 7.02 The arbitrator Union and the Company shall not be deemed attempt to be willing to act unless they are in the position to convene the hearing agree upon an Arbitrator within twenty-eight fifteen (2815) days from the date of their selection. In receipt of Notice of Arbitration.
7.03 Should the event none Union and the Company fail to agree upon the appointment of an Arbitrator, then the above arbitrators is willing Minister of Labour of Ontario shall be requested to convene appoint an Arbitrator.
7.04 Arbitration’s shall be heard at a hearing within twenty-eight (28) days, place designated by the matter Arbitrator and the decision will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given sought within a period of twenty-one fourteen (2114) days after the closing close of hearings.
7.05 It will be the intention of the arbitration hearingUnion and the Company that they meet with the Arbitrator as soon as practical after his/her appointment.
10.04 The arbitrator 7.06 It is agreed that any and all time limits fixed by this Article for the rendering of a decision by the Arbitrator, may determine their own procedure but shall give full opportunity to all parties to present evidence at any time be extended by agreement in writing, signed by a representative of the Company and to make representationsa representative of the Union.
10.05 7.07 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievanceArbitration, the written representations of the Union or the Company at Step 2) employee and the decision of the Company (orCompany, or in the case of a policy grievance, difference directly between the decision of Company and the Union) at Step 2 of , a written representation by the grievance procedure applicant for the Arbitration and the reply thereto by the other party, shall be presented to the arbitrator, Arbitrator and the award of the arbitrator Arbitrator shall be confined to determining the issues therein set out.
10.06 In 7.08 The findings of the Arbitrator, as to the facts and as to the interpretation or violation or non-violation of this Agreement, shall be conclusive and binding upon the parties concerned, but in no event case shall the arbitrator Arbitrator be authorized to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 7.09 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may Arbitrator shall be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out borne in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended equal shares by mutual agreement in writing between the Company and the Union. No costs of Arbitration shall be awarded to or against any party.
10.11 In 7.10 Witness fees and allowances shall be paid by the interest party calling the witnesses.
7.11 Each party to a Arbitration shall be entitled to be represented by counsel or otherwise, and to present evidence to cross-examine the witnesses of settling a grievance prior the other party, and to an arbitration hearing either present argument orally and/or in writing. When written arguments are submitted each party may request reply once to the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs argument of the mediator are not borne other party. Where any written argument or brief is filed by a party with the Province of ManitobaArbitrator, a copy shall at the expenses and fees of the mediator shall same time be borne equally by the parties sent to the arbitration proceedingsother party.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a either party desires requests that a grievance be submitted to arbitration, that party the request shall notify be made by registered mail addressed to the other party of the Agreement, indicating the name of its desire to submit the matter to arbitration within fourteen nominee on an Arbitration Board. Within ten (1410) calendar working days after the date the decision at Step 2 of receipt of the grievance procedure was or should have been givenletter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇two (2) arbitrators shall then select an impartial Chairperson.
10.02 If any individual the recipient of the above panel whonotice fails to appoint an arbitrator, having been requested in their turn or if the two (2) appointees fail to act as arbitrator on an arbitrationagree upon a Chairperson within seven (7) working days of appointment, the appointment shall be unable or unwilling to actmade by the Minister of Labour, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on upon the regular rotation request of the paneleither party.
10.03 The arbitrator Arbitration Board shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysdetermine its own procedure, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and make representation. In its attempts at justice, the Board shall, as much as possible, follow a layperson's procedure. To this end it is agreed that neither party shall employ the services of Legal Counsel to make representationsany presentation at the Arbitration hearing. It shall hear and determine the difference or allegation and render a decision within ten (10) working days from the time the Chairperson is appointed.
10.05 In any arbitration, the written representation 10.04 The decision of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority shall be the decision of the Company (or, in the case of a policy grievanceArbitration Board. Where there is no majority decision, the decision of the Union) at Step 2 Chairperson shall be the decision of the grievance procedure Board. The decision of the Arbitration Board shall be presented to the arbitratorfinal and binding and enforceable on all parties, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In but in no event shall the arbitrator Arbitration Board have the power to change this Agreement or to alter, modify or amend any part of this Agreementits provisions. However, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Board shall have the authority, within the above limitations, power to dispose of grievances any discharge or any discipline grievance by any arrangement which in such manner as they may deem its opinion it deems just in the circumstancesand equitable.
10.07 The findings and decision 10.05 Should the parties disagree as to the meaning of the arbitrator on all arbitrable questions decision, either party may apply to the Chairperson of the Arbitration Board to re-convene the Board to clarify the decision, which it shall be final and binding upon all parties concerneddo within seven (7) working days.
10.08 10.06 Each party shall pay:
a) The Company fees and expenses of the Union shall each pay one-Arbitrator it appoints.
b) One half (½1/2) of the fees and expenses of the arbitratorChairperson.
10.09 No 10.07 The time limits fixed in both the grievance and arbitration procedure may be submitted extended by consent of the parties to arbitration which has not been properly carried through all the requisite Steps this Agreement.
10.08 At any stage of the grievance or arbitration procedure.
10.10 The time limits set out in , the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and parties may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request have the assistance of a grievance mediator from the Manitoba Labour Boardemployee(s) concerned as witness(es). In As well, all reasonable arrangements will be made to permit the event conferring parties or the costs arbitrator(s), and any other witnesses to have access to the Employer's premises to view any working conditions which may be relevant to the settlement of the mediator are grievance. Employees who appear as witnesses shall not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingssuffer loss in wages.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 11.01 When a party desires either Party to this Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing addressed to arbitration, that party shall notify the other party Party to this Agreement.
11.02 The Arbitration Procedure incorporated in this Agreement shall be based on the use of its desire a Single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators.
11.03 In selecting the panel of four (4) Arbitrators, each Party shall submit to the other Party, a list of six (6) nominees. Each Party to this Agreement shall select two (2) of the nominees from the list submitted by the other Party. The nominees so selected shall then constitute the panel of four (4) Arbitrators, the names to be listed in alphabetical order.
11.04 Should any of the Arbitrators constituting the above mentioned panel of Arbitrators withdraw or resign from the panel, then the Party who nominated the Arbitrator who has withdrawn or resigned, shall forthwith submit to the matter other Party to arbitration this Agreement, a list of four (4) nominees from which shall be selected one (1) nominee to replace the Arbitrator who has withdrawn or resigned.
11.05 The Arbitrators shall act singly, and in rotation, with respect to each successive grievance that is referred to Arbitration. Should any Arbitrator be unable to hear a grievance within fourteen sixty (1460) calendar days after the date grievance has been referred to him, then he shall be passed over to the decision at Step 2 next in line.
11.06 Except where otherwise provided for in this Agreement, each of the grievance procedure was or should have been givenParties hereto will bear its own expense with respect to any arbitration proceedings. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual Parties hereto will bear jointly the expenses of the above panel who, having been requested in their turn to act as arbitrator Arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelequal basis.
10.03 11.07 The arbitrator Arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) daysauthorized, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event nor shall the arbitrator Arbitrator assume authority, to alter, modify modify, or amend any part of this Agreement, nor shall they have the authority to make any decisions decision inconsistent with the provisions hereof. The arbitrator shall have the authoritythereof, within the above limitations, or to dispose of grievances in such manner as they may deem just in the circumstancesdeal with any matter not covered by this Agreement.
10.07 11.08 The findings and decision of the arbitrator on all arbitrable questions Arbitrator shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeParties.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When a 15.1 All disputes or differences of any kind whatsoever which shall at any time arise the parties hereto touching them or concerning the work or execution or maintenance thereof this Contract or the construction operation or effect thereof or to the rights or liabilities of the parties or arising out of or in relation thereto whether during or after determination, foreclosure or breach of this contract (other than those in respect of which the decision of any person is by the contract expressed to be final and binding) shall after written notice by either party desires that a grievance be submitted to arbitration, that party shall notify the contract or the other party of its desire them and to submit the matter to arbitration within fourteen (14) calendar days after Appointing Authority who shall be appointed for this purpose by the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to Employer, be submitted referred for adjudication to a single sole arbitrator to be chosen appointed as here in rotation from after provided.
15.2 For the purpose of appointing the sole Arbitrator referred to above, the Appointing Authority will send within thirty days of receipt by him of the written notice aforesaid to the Contractor, a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, three names of persons who shall be presently unconnected with the organization for which the work is executed.
15.3 The Contractor shall on receipt by him of the names as aforesaid, select any one of the persons named to be appointed as a sole Arbitrator and communicate his name to the Appointing Authority within thirty days of receipt by his the names. The Appointing Authority shall thereupon without any delay appoint the said person as the sole Arbitrator, if the Contractor fails to communicate such selections as provided above within the period specified, the appointing authority shall made the selection and appoint the selected person as the sole Arbitrator.
15.4 If the appointing Authority fails to send the Contractor the panel of three names as aforesaid within the period specified, the Contractor shall send the Appointing Authority a panel of three names of persons who shall be unconnected with either party. The Appointing Authority shall on receipt by him of the names as aforesaid select any one of the persons named and appoint him as a sole Arbitrator. If the Appointing Authority fails to select the person and appoint him as the sole Arbitrator within 30 days of receipt by him of the panel and inform the Contractor accordingly, the Contractor shall be entitled to appoint one of the person from the panel as a sole arbitrator and communicate his name to the Appointing Authority.
15.5 If the Arbitrator so appointed is unable or unwilling to act, they act or resign his appointment or vacate his office due to any reason whatsoever another sole arbitrator shall not again be requested to act appointed as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelaforesaid.
10.03 15.6 The arbitrator work under the Contract shall, however continue during the Arbitration proceeding and no payment due or payable to the Contractor shall not be withheld notice on account of such proceedings.
15.7 The Arbitrator shall be deemed to be willing have entered on the reference on the date he issues notice to act unless they are in both the position to convene the hearing within twenty-eight (28) days from parties fixing the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration first hearing.
10.04 15.8 The arbitrator Arbitrator may determine their own procedure but from time to time, with the consent of the parties, enlarge the time for making and publishing the Award.
15.9 The Arbitrator shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation a separate award in respect of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed dispute in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing terms of the matter in disputeContract and give a reasonable award.
15.10 It is also a term of the Contract that if Contractor (s) do/does not make any demand for ------------------------------------------- -------------------------------------------
Appears in 2 contracts
Sources: General Terms and Conditions, General Terms and Conditions of Contract
Arbitration. 10.01 When a 19.01 If the parties fail to settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure.
19.02 The party desires that a grievance be submitted to arbitration, that party shall notify requiring arbitration must serve the other party with written notice of its desire to submit the matter to arbitration arbitrate within fourteen (14) calendar days days, but not later, after the date receiving the decision at Step 2 of the Grievance Procedure.
19.03 Both parties to this Agreement agree that any grievance procedure was concerning the interpretation or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual alleged violation of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration Agreement which has not been properly carried through all the requisite Steps steps of the grievance procedureprocedure outlined in Article 18 above and which has not been settled may be referred to a Board of Arbitration at the request of either of the parties.
10.10 19.04 Within five (5) working days of the request by either party for a Board each party shall notify the other of the name of its appointee.
19.05 Should the person chosen by the employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chairman within five (5) days of notification mentioned in 19.02 above, the Minister of Labour of the Province of Ontario will be requested to appoint a Chairman.
19.06 The time limits decision of the Board of arbitration or a majority thereof shall be binding on the employee, the Union, and Employer.
19.07 The Board of Arbitration shall not have any power to alter or change any of the provisions of the Agreement or to substitute any new provisions for and existing nor to give any decision inconsistent with the terms and provisions of this Agreement.
19.08 Each of the parties of this Agreement will bear the expense of the Arbitrator appointed by it, and the parties will jointly bear the expense, if any, of the Chairman.
a. The nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance procedure (Article 9) any may not be subject to change in later Steps.
b. In determining the time which is allowed in the various Steps, Saturdays, Sundays, and the arbitration provisions (Article 10) are mandatory Statutory Holidays shall be excluded and any time limits may only be extended by Agreement in writing.
c. If advantage of the provisions of Article 18 and 19 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be responded.
19.10 By mutual agreement in writing between the Company and parties may appoint a single arbitrator who will be invested with the Unionsame powers as the board of arbitrators mentioned above.
10.11 In 19.11 Notwithstanding the interest of settling arbitration procedure outlined above, a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobamay, the expenses and fees of the mediator shall at any time, be borne equally by the parties referred to the Ontario Labour Relations Board for arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In under the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When As a party desires that a grievance condition precedent to any right of action hereunder, any irreconcilable dispute between the parties to this Agreement will be submitted for decision to arbitrationa board of arbitration composed of two arbitrators and an umpire. Arbitration shall be initiated by the delivery of a written notice of demand for arbitration by one party to the other within a reasonable time after the dispute has arisen. The members of the board of arbitration shall be active or retired disinterested officials of insurance or reinsurance companies, that or underwriters at Lloyd's, London, not under the control or management of either party to this agreement. Each party shall notify appoint its arbitrator and the two arbitrators shall choose an umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four weeks after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of an umpire within four weeks after their nominations, each of them shall name three, of whom the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date shall decline two, and the decision at Step 2 of the grievance procedure was or should have been givenshall be made by drawing lots. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, claimant shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing submit its initial brief within twenty-eight (28) 45 days from the date of their selection. In the event none appointment of the above arbitrators is willing umpire. The respondent shall submit its brief within 45 days thereafter and the claimant may submit a reply brief within 30 days after filing of the respondent's brief. The board shall make its decision with regard to convene the custom and usage of the insurance and reinsurance business. The board shall issue its decision in writing based upon a hearing within twenty-eight (28) days, the matter will in which evidence may be referred to the Manitoba Labour Board introduced without following strict rules of evidence but in which cross examination and rebuttal shall appoint an arbitratorbe allowed. The board shall make its decision within 60 days following the termination of the hearings unless the parties consent to an extension. The majority decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions board shall be final and binding upon all parties concerned.
10.08 The Company and to the Union shall each pay one-half (½) proceeding. Judgment may be entered upon the award of the fees board in any court having jurisdiction. Each party shall bear the expense of its own arbitrator and expenses shall jointly and equally bear with the other party the expense of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 umpire. The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the remaining costs of the mediator are not borne arbitration proceedings shall be allocated by the Province of Manitoba, the expenses and fees of the mediator board. Any arbitration proceeding shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Unionconducted in Plantation, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, Florida unless the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputea mutually agreeable site.
Appears in 2 contracts
Sources: Quota Share Treaty (21st Century Holding Co), Quota Share Treaty (21st Century Holding Co)
Arbitration. 10.01 When a party desires that a grievance be submitted to arbitration, that party 10:01 No matter shall notify the other party of its desire to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 10:02 Should a grievance(s) remain unresolved after exhausting the grievance procedure, either party may request that the grievance(s) be submitted to arbitration, in accordance with this Article. The referring party shall make such request in writing to the other indicating their preference to a single arbitrator or an arbitration panel and shall include, as the case may be;
i) the name(s) of their nominee(s) as arbitrator or;
ii) their appointee to the arbitration panel and their nominee(s) to act as chairperson of the panel.
a) Where the arbitration board consists of a single arbitrator, the sole arbitrator will be selected by mutual agreement between the parties within fifteen (15) working days after the notice of intent is presented.
b) Where the arbitration board consists of a panel, the responding party shall appoint their respective panel representative and provide their nominee(s) to act as Chairperson within fifteen (15) working days after the notice of intent is presented. The Chairperson of the panel will be selected by mutual agreement between the parties’ respective nominees within ten (10) days thereafter.
c) In the event the parties are unable to agree on an arbitrator/chairperson, one will be appointed by the Ministry of Labour.
d) The arbitrator/board so selected or appointed shall be empowered to attempt to mediate settlement of the matter in dispute, prior to commencing the arbitration hearing.
10:04 The arbitrator/board shall be governed by the following provisions:
a) The arbitrator/board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or employer affected by it. A decision of the majority shall be the decision of the Board and if there is no majority, the decision of the Chairperson shall govern.
b) In the case of an arbitration panel, the parties shall each bear the costs of their respective panel representatives and jointly bear the costs and expenses of the Chairperson. Where a single arbitrator is used, the parties shall equally bear the cost and expenses of the arbitrator.
c) The arbitrator/board shall not have the power to alter or amend any of the provisions of this agreement, nor to give a decision inconsistent with it. The arbitrator/board shall have the power to modify any penalty imposed by the employer and to take whatever action is just and equitable in the circumstances.
d) The parties and the arbitrator/board shall have access to the Employer’s premises to view working conditions, machinery or operations which may be relevant to the resolution of a grievance.
e) The arbitrator/board shall have jurisdiction to determine whether a grievance is arbitable.
10:05 Subject to the availability of rooms, and with the approval of the arbitrator, arbitration hearings shall be held on the Employer’s premises, at no cost. Where the hearing(s) are held off the Board’s premises, the parties shall equally bear the cost of the facilities used.
10:06 In the application of Article 9 (Grievance Procedure) and Article 10 (Arbitration), the time limits set out in the grievance procedure (Article 9) referred to therein shall exclude Saturdays, Sundays and the arbitration provisions (Article 10) are mandatory Holidays and may only be extended by mutual agreement in writing between the Company and the Unionparties.
10.11 In the interest of settling a grievance prior 10:07 Employees who are requested by either party to attend an arbitration hearing to act as witness shall do so without loss of pay. The grievor may be in attendance at any and all meetings of the Board of Arbitration concerning his/her grievance without loss of regular pay unless the grievance is related to his/her discharge, in which case he/she shall not be entitled to any pay subsequent to his/her discharge if such discharge is upheld at arbitration.
10:08 Notwithstanding the above, either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to Section 49 of the expedited arbitration provisions of The Ontario Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
Arbitration. 10.01 When Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party desires that a grievance be submitted to arbitrationmay, that party shall after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the matter difference or allegation to arbitration. The grievance may be referred to arbitration through the expedited process, Section 49 of the Labour Relations Act. Alternatively, the grievance may be referred to a Board of Arbitration within fourteen three (143) calendar days after the date weeks of the decision at Step 2 2. The recipient of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇notice will within seven (7) calendar days inform the other party of the name of its appointee.
10.02 If any individual The two appointees so selected shall, within five (5) days of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, appointment of the second of them appoint a third person who shall be unable or unwilling the Chairperson. If the recipient party fails to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall 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 upon the request of either party. The arbitration board shall hear and determine the difference or allegations and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of the arbitrator a majority shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (orarbitration board, in the case of a policy grievancebut if there is no majority, the decision of the Union) at Step 2 Chairperson shall govern.
10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
10.04 Each of the grievance procedure shall be presented to parties hereto will bear the arbitratorexpenses of an arbitrator appointed by it, and the award parties will jointly share the expenses of the arbitrator shall be confined to Chairperson of the issues therein set outarbitration board, if any.
10.06 In no event 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. .
10.06 The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just time limits in the circumstancesArbitration Procedure may be extended, by consent, in writing of the parties to this Agreement.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and Notwithstanding the arbitration provisions (Article 10) are mandatory described above, the Union and the Employer may only be extended by mutual agreement agree to participate in writing joint mediation/arbitration in order to resolve disputes between the Company parties. The cost for these proceedings and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator mediator/arbitrator shall be borne shared equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article Union and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputeEmployer.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 22.1 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitral or where an allegation is made that this agreement has been violated, either party may, within thirty (30) working days, after exhausting the Grievance Procedure provided herein, request that the matter be submitted to arbitration.
22.2 When a either party desires requests that a grievance matter be submitted to arbitration, that party shall notify such a request will be made in writing to the other party of its desire to submit this Agreement, and the matter to arbitration within fourteen (14) calendar days after notice shall contain the date the decision at Step 2 name of the grievance procedure was or should have been givenfirst party appointee to the Arbitration Board, and the subject to be arbitrated.
22.3 The recipient of the notice will, within five (5) working days, advise the first party of the name of its appointee to the Arbitration Board. The matter is two appointees so nominated may meet and try to be submitted settle the grievance. If within three (3) working days, they fail to reach an agreement, they will attempt to select by agreement, a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn third member to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation impartial Chair of the panelArbitration Board.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in 22.4 If the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none recipient of the above arbitrators is willing notice fails to convene appoint an Arbitrator, or if the two appointees fail to agree upon a hearing Chair within twenty-eight four (284) working days, the matter Ontario Labour Relations Board will be referred asked to the Manitoba Labour Board which shall appoint name an arbitrator. impartial Chair.
22.5 The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing majority of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation members of the aggrieved employee at Step 2 of the grievance procedure (orBoard will be final and binding, and in the case absence of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievancemajority decision, the decision of the Union) at Step 2 Chair will be final and binding.
22.6 Each party will be responsible for the expenses of their own appointee and responsible also for an equal share of the grievance procedure shall be presented to fees and expenses, if any, incurred by the arbitrator, and the award of the arbitrator shall be confined to the issues therein set outChair.
10.06 In no event shall 22.7 Neither an Arbitration Board nor a Single Arbitrator is authorized to make any decision inconsistent with the arbitrator provisions of this Agreement, nor to alter, modify modify, amend or amend supplement any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision 22.8 As an alternative to a Board of the Arbitration, a sole arbitrator on all arbitrable questions shall may be final and binding upon all parties concernedused if mutually agreeable.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 22.9 The time limits set out outlined in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and this article may only be extended by upon mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsparties.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that 14.01 Where the Union wishes to submit a grievance be submitted to arbitration, that party they shall notify advise the other party of its desire to submit the matter to arbitration Senior Manager Labour Relations in writing within fourteen thirty (1430) calendar days after following the date of the decision at Step 2 or, of the grievance procedure Director of Human Resources’ decision in the case of a National Union grievance, was or should have been given. The matter rendered, and then;
i) Within the next sixty (60) calendar days, the Union shall provide in writing to the Senior Manager of Hu- man Resources the names of three (3) persons it is prepared to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn accept to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panela single Arbitrator.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in ii) Within the position to convene the hearing within twenty-eight next thirty (2830) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) calendar days, the matter will be referred Company shall decide with the Union on the choice of an Arbitrator.
iii) Following the agreement on the choice of an Arbitrator, the parties are expected to meet within the next sixty (60) calendar days, in an attempt to find a mutually acceptable solution to the Manitoba Labour Board which shall appoint matter in dispute.
14.02 Where the parties fail to come to an arbitrator. agreement on the choice of an Arbitrator, either party may apply to the Federal
14.03 The decision of the arbitrator Arbitrator is without appeal and shall be given within a period binding on the parties. The decision shall be governed by the provisions of twenty-one (21) days after this Agreement and the closing of Arbitrator has no jurisdiction to modify, strike out or add to the arbitration hearingAgreement.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each 14.04 Each party will pay one-one half (½) of the fees and expenses of the arbitratorArbitrator.
10.09 14.05 Where the matter at issue is one relating to the alleged violation of section 12.01, it must be submitted to the following process of expedited arbitration.
a) A list of Arbitrators, who shall be mutually agreed to by the parties, will be established according to, and depen- dent on, their availability.
b) Unless the parties mutually agree to a lesser number of days, two (2) days in each calendar month shall be scheduled on dates mutually agreed to by the parties, as potential hearing days, for a period of six (6) months in advance, for each of the succeeding twelve (12) months.
c) The Union shall assign to these Arbitrators, no later than sixty (60) calendar days prior to its sitting, the griev- ance(s) to be heard. No more grievances than can reasonably be heard within the sitting days provided in that month may be referred to that Arbitrator. In the event that no grievance is assigned to an Arbitrator sixty (60) days before the hearing date, that hearing date shall be cancelled. By mutual written agreement of the Director Human Resources and a National Union Representative, any other grievance that is not one in relation to the alleged violation of section 12.01 may also be submitted to the Expedited Arbitration Process. ARBITRATION (cont'd)
14.06 With mutual agreement between the Senior Manager Labour Relations and the Unifor National Representative, a grievance that is not settled at Step 2 may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure Canada Industrial Relations Board (Article 9CIRB) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances for mediation before being referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputearbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a either party desires requests that a grievance be submitted to arbitrationArbitration, that the request shall be in writing, addressed to the other party of the Agreement, and shall contain the name of the nominee to the Arbitration Board of the party requesting Arbitration. The recipient of the notice shall, within five (5) days thereafter, notify the other party in writing of the name of its desire nominee to submit the Arbitration Board.
10.02 The parties may mutually agree to use a single Arbitrator in place of a Board of Arbitration. Where the use of a single Arbitrator has been agreed to, the party requesting that a matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen Arbitration shall do so in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual writing, naming an Arbitrator(s) it recommends. The recipient shall, within five (5) days thereafter, notify the other party in writing if there is agreement on the selection of the above panel whoArbitrator, having been requested in their turn and if there is no agreement, the recipient will forward the name of an Arbitrator(s) for the other party’s consideration. Should the parties be unable to act as arbitrator on agree upon an arbitrationArbitrator, the Arbitrator shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on appointed by the regular rotation Ministry of Labour for the panelProvince of Ontario.
10.03 The arbitrator shall not No person may be deemed appointed as an Arbitrator who has been involved in an attempt to be willing negotiate or settle the grievance unless mutually agreed to act unless they are in by the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.parties..
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance matter may be submitted to arbitration Arbitration which has not been properly carried through all the requisite Steps steps of the grievance procedureGrievance Procedure.
10.10 10.05 The Arbitration Board or single Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor alter, modify, add to or amend any part of this Agreement.
10.06 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority, and where there is no majority, the decision of the Chairman or Arbitrator, where the parties have agreed to use a single Arbitrator, will be final and binding upon the parties hereto and the employee or employees concerned.
10.07 Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the expenses, if any, of the Chairman of the Arbitration Board or the Arbitrator where the parties have agreed to use a single Arbitrator.
10.08 The time limits set out fixed in both the grievance procedure (Article 9) Grievance and the arbitration provisions (Article 10) are mandatory and Arbitration Procedures may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest consent of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedingsthis Agreement.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a 12:01 Either party desires that a grievance be submitted may, subject to arbitrationArticle 11 of this Agreement, that party shall notify the other party in writing of its desire to submit the matter grievance to arbitration. The notice shall be delivered by the party desiring to submit the grievance to arbitration to the other party within fourteen seven (147) calendar working days after the date on which the Administrator delivered the written decision at Step 2 as provided in sub-article 11:01.
12:02 Following receipt of the grievance procedure was or should have been givennotice as provided in sub-article 12:01, the Employer and the Union shall endeavour to select an Arbitrator. The matter is If the Employer and the Union are unable to be submitted agree upon an Arbitrator within fifteen (15) working days, either party may then request the Minister of Labour to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇appoint an Arbitrator.
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, 12:03 No person shall be unable or unwilling appointed as Arbitrator who has been involved in an attempt to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on settle the regular rotation of the panelgrievance.
10.03 12:04 The arbitrator Arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may hear and determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of and shall issue a policy grievance, the written representations of the Union or the Company at Step 2) decision and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be is final and binding upon all parties concernedthe Employer, the Union and any employee or employees affected by it.
10.08 12:05 The Company Arbitrator shall not have jurisdiction to alter, add to, subtract from, modify, amend or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms and provisions of this Agreement.
12:06 The Employer and the Union shall will each pay one-half (½1/2) of the arbitrator's fees and expenses of the arbitratorexpenses.
10.09 No grievance 12:07 Where both parties agree, a Board of Arbitration may be submitted substituted for a single Arbitrator. In such cases, the parties shall endeavour to arbitration which has not been properly carried through all agree on the requisite Steps selection of a Chairperson and in the event that they fail to do so, the Minister of Labour will be requested to appoint a Chairperson. The Board of Arbitration shall hear and determine the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and shall issue a decision and the arbitration provisions (Article 10) are mandatory decision is final and may only be extended by mutual agreement in writing between binding upon the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of ManitobaEmployer, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee any employee or employees affected by it. If there is no majority decision of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions Board of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instancesArbitration, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing decision of the matter in disputeChairperson shall govern.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a either party desires requests that a grievance be submitted to arbitrationarbitration as provided under Article 8, that it shall make such request in writing, addressed to the party to this Agreement and at the same time, name its nominee to the Arbitration Board. The two nominees shall notify the other party of its desire endeavor within ten (10) days to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 agree upon a third member and Chairperson of the grievance procedure was or should have been givenArbitration Board and it is understood that if the two nominees fail to agree upon a Chairperson, the Chairperson shall be appointed by the Office of Arbitration of the Ontario Ministry of Labour. The matter is to be submitted to Not withstanding the above, within the same ten (10) day time frame, the parties may agree upon a single sole arbitrator to be chosen in rotation from rather than a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇Board of Arbitration.
10.02 If any individual of No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelgrievance.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the No matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which that has not been properly carried through all the requisite Steps steps of the grievance procedureGrievance Procedure.
10.10 The 10.04 Each of the parties hereto shall bear the expenses of their nominee appointed on its behalf and the parties hereto shall jointly bear the expenses of the Chairperson of the Board of Arbitration.
10.05 Any and all time limits set out in referred to under the grievance procedure (Article 9) Grievance and the arbitration provisions (Article 10) are mandatory and may only Arbitration Procedures herein may, at any time, be extended by mutual written agreement in writing between the Company Employer and the Union.
10.11 In 10.06 The decision of the interest majority of settling the Arbitration Board shall be the decision of the Board and shall be final and binding on both parties to this Agreement.
10.07 The Board of Arbitration or the Single Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement nor to deal with any matter not covered by this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board or Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairperson shall govern.
10.08 No adjustment or remedy granted under the grievance or Arbitration process shall be made retroactive to a grievance point prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties incident giving rise to the arbitration proceedingsgrievance.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 24.01 When a party desires difference arises between the parties relating to the interpretation, application or administration of this Agreement, or where an allegation is made that a this Agreement has been contravened, either of the parties may, after exhausting any grievance be submitted to arbitrationprocedure established by this agreement, that party shall notify the other party in writing of its desire to submit the matter difference or allegation to arbitration and the notice shall contain the name of the first party's nominee to an Arbitration Board. Either party may also request the appointment of a single arbitrator. The notice of submission to arbitration shall be served on the other party by the party submitting the grievance to arbitration within fourteen ten (1410) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) working days from the date of their selection. In the event none receipt of the above arbitrators is willing to convene a hearing Step Two reply in Article XXIII
24.02 The recipient of the notice shall within twenty-eight five (285) days, working days inform the matter will be referred other party of its nominee to the Manitoba Arbitration Board.
24.03 Where two appointees are so selected they shall, within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the chairperson.
24.04 The appointment shall be made by the Ministry of Labour Board which upon the request of either party.
24.05 A single arbitrator will only be appointed by the mutual agreement of both parties.
24.06 A single arbitrator or the Arbitration Board, as the case may be, shall appoint an arbitrator. 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.
24.07 The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority is the decision of the Company (orArbitration Board but, in the case of a policy grievanceif there is no majority, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set outchairperson governs.
10.06 In no event 24.08 The arbitrator or Arbitration Board, as the case may be, shall the arbitrator alternot by decision add to, delete from, modify or otherwise amend any part the provisions of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision 24.09 Any notice required under this Article shall be in writing by registered mail or personal delivery to the parties at their respective mailing addresses.
24.10 Each party may be represented at the arbitration by representatives of its choice.
24.11 Each of the arbitrator on all arbitrable questions parties shall be final bear the fees and binding upon all parties concerned.
10.08 The Company expenses of its nominee to the Arbitration Board and the Union shall each pay one-half (½) of jointly share the fees and expenses of the arbitratorChairperson.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time 24.12 Time limits set out specified in the grievance procedure (this Article 9) and the arbitration provisions (Article 10) are mandatory and not simply directory, and may only be extended amended by written, mutual agreement in writing between the Company and the Unionof both parties.
10.11 In 24.13 The term "working days" when used in this Article shall mean Monday to Friday inclusive throughout the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne year but excluding school holidays as defined by the Province Ministry of Manitoba, Education.
24.14 Any grievance which is not properly processed through the expenses and fees of the mediator grievance or arbitration procedures shall be borne equally by the parties deemed to the arbitration proceedingshave been abandoned.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When a party desires that Failing the settlement of a grievance in accordance with Articles 8 and 9, the Grievance, within the time provided, shall be submitted subject to arbitrationthe Arbitration in accordance with the following rules:
(I) The parties shall within an additional seven (7) working days agree upon a sole arbitrator and failing mutual agreement either party may request an appointment by the Minister of Training and Employment Development.
(II) The persons named, that party or any persons substituted therefore by agreement of the parties to this Agreement shall notify be called upon to arbitrate on a rotation basis and in order of their listing.
(III) The written notice to Arbitrate shall be delivered to the other party to the Arbitration and to the Arbitrator whose turn is indicated.
(IV) If the Arbitrator whose turn is indicated refuses to act, cannot be located or cannot act within four (4) working days, the succeeding names will be approached in order until an Arbitrator is reached who is willing and able to act within four working days of its desire to submit receiving the matter to arbitration notice.
10.02 The Arbitrator shall hold a hearing within fourteen four (144) calendar working days after the date notice to arbitrate is submitted and shall render a decision to the decision at Step 2 parties within seventy-two (72) hours after the completion of the grievance procedure was hearing provided that a failure to make an award within the time prescribed or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual as extended by the parties shall not invalidate the proceedings or terminate the authority of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelArbitrator.
10.03 The arbitrator shall not be deemed to be willing to act unless they are It is understood and agreed in the position application of this Article that there is no power in the participants to convene a settlement to add to, subtract from or modify the hearing within twenty-eight (28) days from the date terms of their selectionthis Agreement. In the event none The sole function of the above arbitrators is willing an Arbitrator shall be to convene render a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board decision which shall appoint be binding on the parties as to interpretation, application, administration or an arbitrator. The decision of the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations.
10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part alleged violation of this Agreement, nor shall they have the authority including any question as to make any decisions inconsistent with the provisions hereofwhether a matter is arbitral. The arbitrator Arbitrator shall have no power to add to, subtract from or modify the authorityterms of this Agreement.
10.04 Where an Employee has been discharged or disciplined unjustly or unreasonably, within the above limitations, to dispose of grievances Employee shall be reinstated and shall receive compensation in such manner amount as they may deem would have been earned had the employee been working or in such amount as is just and reasonable in the circumstances. If an Arbitrator determines that an Employee has been discharged or otherwise disciplined for cause, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable in all circumstances; the burden of establishing that a different penalty should be imposed shall be on the Employee concerned. The Arbitrator shall have no power to vary a suspension of five (5) working days or less imposed for cause and no power to vary a discharge where the Employee concerned has been the subject of two or more suspensions prior to the incident culminating in the discharge.
10.07 The findings 10.05 It is understood and decision agreed that an Employee presenting a grievance or an Employee whose presence is required in the settlement of a grievance, may, after satisfactory arrangement made with his or her immediate supervisor, be given time off without deduction of pay to participate in the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps presentation of the grievance procedureto the extent that his or her presence is required during the presentation, or in connection with any Arbitration arising there from.
10.10 10.06 The time limits set out in the grievance procedure (times fixed by this Article 9) and the arbitration provisions (Article 10) are mandatory and but may only be extended by mutual agreement in writing between writing. If a Grievance or Arbitration is not processed within the Company time allowed, the Grievance or Arbitration shall be deemed to have been abandoned. Saturdays, Sundays and Holidays shall be excluded in computing the Uniontime allowed.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the 10.07 The costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator Arbitrator shall be borne equally by the parties to the arbitration proceedingsArbitration.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When (a) Should the Executive Director fail to render their decision as required in Step Number 2 or failing settlement of any Grievance under the foregoing procedure arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a party desires that a grievance matter is arbitratable, the Grievance may be submitted referred to arbitrationArbitration by either the Employer or the Union, that party shall notify the other party of its desire to submit the matter to arbitration provided it is done within fourteen ten (1410) calendar days after the date the decision at Step 2 of the grievance procedure was Executive Director's decision or the end of the time when it should have been givenrendered. The matter is notice shall name the first party's nominee to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual the Board of Arbitration. The recipient of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, Notice shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panel.
10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight ten (2810) days from thereafter designate its nominee o the date Board of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitratorArbitration. The decision of the arbitrator two (2) so nominated shall be given endeavour within a period of twenty-one ten (2110) days after the closing appointment of the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity second of them to all parties agree upon a third (3rd) person to present evidence and to make representations.
10.05 In any arbitration, the written representation act as Chairman of the aggrieved employee at Step 2 Board of Arbitration. If the nominees are unable to agree upon the third person as Chairman within ten (10) days after the appointment of the grievance procedure (orsecond one of them, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing then either party may request the assistance Labour Management Arbitration Commission of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, Ontario to appoint the third member and Chairman of the Board of Arbitration. The said two arbitrators first appointed shall be at liberty prior to the appointment of the third arbitrator within the said period of ten (10) days to discuss the Grievance submitted to them with a view to mutual settlement.
(b) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle this particular Grievance concerned.
(c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own arbitrator and one-half (1/2) of the expenses and fees of the mediator Chairman. No costs of any arbitration shall be borne equally awarded to or against any party.
(d) The Union will be responsible to pay all wages of employees subpoenaed by the parties Union who have been scheduled to the arbitration proceedingswork.
10.12 Grievances referred (e) The Board of Arbitration shall have no power to arbitration concerning disciplinary matters and/or only affecting an individual employee alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one decision of the three individuals listed in Article 10.01 as per this article and Board, but if there is no majority, the panel shall be completed by an appointee decision of the Union and an appointee of the Company. Time limits Chairman shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in disputegovern.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Arbitration. 10.01 When 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a party desires that solution being reached within seven (7) days of the first discussion between a grievance business representative of the Union and a representative of the Company, or within such further period as the Company and the Union agree to in writing, the dispute shall be submitted referred to arbitration, that party an Arbitration Board of three (3) persons appointed as follows:
(a) The Party desiring arbitration shall appoint a member for the Board and shall notify the other party Party in writing of the name and address of the person so appointed and particulars of the matter in dispute.
(b) The Party receiving the notice shall within five (5) days appoint a member for the Board and notify the other Party of its desire appointment.
(c) The two (2) Arbitrators so appointed, shall confer to submit select a third person to be Chairman, and failing for three (3) days from the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 appointment of the grievance procedure was or should have been given. The matter is second of them to be submitted to agree upon a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on an arbitration, shall be unable or unwilling person willing to act, they either of them may apply to the Minister of Labour of British Columbia to appoint such third member.
(d) The Arbitration Board shall not again be requested to act as arbitrator on any arbitration until their name comes up again on sit, hear the regular rotation Parties, settle the terms of the panel.
10.03 The arbitrator shall not be deemed question to be willing to act unless they are in the position to convene the hearing arbitrated, and make its award within twenty-eight ten (2810) days from the date of their selection. In the event none appointment of the above arbitrators Chairman, provided the Parties may extend the time by agreement in writing.
8.02 If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is willing found) that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the suspension or discharge had not taken place, or if the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an ex-employee should have been rehired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to convene a hearing within twenty-eight (28) daysthe Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement, or date of failure to rehire and rehiring, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator amount so received shall be given within a period of twenty-one (21) days after deducted from wages payable by the closing of Company pursuant to this Article, less any expenses which the arbitration hearing.
10.04 The arbitrator may determine their own procedure but shall give full opportunity employee has incurred in order to all parties to present evidence and to make representations.
10.05 In any arbitrationearn the wages so deducted, AND PROVIDED THAT the written representation of the aggrieved employee at Step 2 of the grievance procedure (orArbitration Board if circumstances are established before it, which, in the case of a policy grievance, the written representations opinion of the Union or Arbitration Board, makes it just and equitable to do so, shall have authority to order the Company at Step 2) and to pay less than the decision full amount of wages lost.
8.03 The Arbitration Board shall have the right to modify any penalty imposed by the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and on an employee.
8.04 If the award of the arbitrator shall be confined to Arbitration Board is subsequently set aside by a court of competent jurisdiction, the issues therein set out.
10.06 In no event shall question shall, at the arbitrator alterrequest of either Party, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances.
10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned.
10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator.
10.09 No grievance may be submitted to arbitration which has not been properly carried through another Arbitration Board appointed pursuant to and with all the requisite Steps powers provided by this Article.
8.05 The expenses and remuneration of the grievance procedureChairman shall be paid by the Parties in equal shares.
10.10 The time limits set out in 8.06 Without restricting the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitobaspecific powers hereinbefore mentioned, the expenses and fees Arbitration Board shall have all the general powers of the mediator shall be borne equally by the parties to the arbitration proceedingsan Arbitration Board.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.01 11.01 When a party desires either Party requests that a grievance be submitted to arbitration, that party the request shall notify be made by registered mail addressed to the other party Party of this Agreement, indicating the name of its desire nominee on an arbitration board. Within five (5) days thereafter, the other Party shall answer by registered mail indicating the name and address of its appointee to submit the matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or should have been givenboard. The matter is two arbitrators shall then meet to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇
10.02 If any individual of the above panel who, having been requested in their turn to act as arbitrator on select an arbitration, shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the regular rotation of the panelimpartial Chairman.
10.03 The arbitrator shall not be deemed 11.02 If the Party receiving the notice fails to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision , or if the two appointees fail to agree upon a Chairman within seven (7) days of their appointment, the arbitrator appointment shall be given within a period made by the Minister of twenty-one (21) days after the closing Labour upon request of the arbitration hearingeither Party.
10.04 11.03 The arbitrator may Board shall determine their its own procedure procedure, but shall give full opportunity to all parties Parties to present evidence and to make representations. In its attempts at justice, the Board shall, as much as possible, follow a ▇▇▇▇▇▇'▇ procedure and shall avoid legalistic or formal procedure. It shall hear and determine the difference or allegation and render a decision within ten (10) days from the time the Chairman is appointed.
10.05 In any arbitration, the written representation 11.04 The decision of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and majority shall be the decision of the Company (or, in the case of a policy grievanceBoard. Where there is no majority decision, the decision of the Union) at Step 2 Chairman shall be the decision of the grievance procedure Board. The decision of the Board of Arbitration shall be presented final, binding and enforceable on all Parties and may not be changed. The Board of Arbitration shall not have the power to the arbitrator, and the award of the arbitrator shall be confined change this Agreement or to the issues therein set out.
10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreementits provisions. However, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator Board shall have the authority, within the above limitations, power to dispose of grievances in such manner as they may deem a grievance by any arrangement which it deems just in the circumstancesand equitable.
10.07 11.05 Each Party shall pay:
(1) The findings fees and decision expenses of the arbitrator on all arbitrable questions shall be final and binding upon all parties concernedit appoints.
10.08 The Company and the Union shall each pay one(2) One-half (½) of the fees and expenses of the arbitratorChairman.
10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure.
10.10 11.06 The time limits set out fixed in both the grievance and arbitration procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between consent of the Company and the UnionParties.
10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties to the arbitration proceedings.
10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, 11.07 The Employer agrees that any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee written statement against any member of the Union and an appointee by another member of the Company. Time limits Union shall not be followed used in accordance with this article. If either the Company or an arbitration unless the Union refer member giving the statement is called as a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they witness.
11.08 Union representatives who attend Arbitration hearings shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter suffer no loss in disputewages.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement