Common use of Arbitrations Clause in Contracts

Arbitrations. 12.01 Where a violation of the Agreement is alleged; or a difference between the parties to the Agreement arises, respecting the meaning or application of the Agreement, including a difference as to whether or not a matter upon which arbitration has been sought comes within the scope of the Agreement, either party to the Agreement, after exhausting any grievance procedure established by the Agreement: i. may refer such violation or difference to an Arbitration Board, the composition and membership of which is defined in the following sections of this article and ii. shall notify the other party in writing that he intends to submit the alleged violation or difference to an Arbitration Board 12.02 The notice mentioned in Article 12.01 ii, shall contain the name of the person appointed to the Arbitration Board by the party giving notice. 12.03 Within five (5) days of receiving the notice, the party to whom notice is given shall name the person whom it appoints to the Arbitration Board and furnish the name of its appointee to the party who gave the notice. 12.04 A person who has a pecuniary interest in a matter before the Arbitration Board or is acting or has within a period of one (1) year prior to the date on which notice of intention to submit the matter to Arbitration is given, acted as solicitor, counsel or agent of any of the parties to the Arbitration is not eligible for appointment as a member of the Arbitration Board and he shall not act as a member of the Arbitration Board. 12.05 The two (2) appointees named by the parties to the Agreement shall, within ten (10) days of the appointment of the second of them, attempt to agree to a third member of the Board. This third member shall then become Chairperson of the Arbitration Board. Should the two (2) appointees fail to agree upon a third member the Chairperson shall be appointed in accordance with Article 12.06. 12.06 The appointee(s) shall notify the Chairperson of the Labour Relations Board that they are unable to agree on a third member and shall request the Chairperson of the Labour Relations Board to appoint a third member. The person so appointed by the Chairperson of the Labour Relations Board shall become the Chairperson of the Board of Arbitration. 12.07 If a person so nominated by the parties to act as their Nominee to the Arbitration Board is unwilling or unable to act on the Board of Arbitration and the nominating party fails to appoint a replacement within five (5) working days or if one of the parties refuses to nominate a person to the Board of Arbitration, the Chairperson of the Labour Relations Board shall, upon written request, nominate a representative for either defaulting party as the case may be. 12.08 The Arbitration Board shall hear evidence adduced relating to the alleged violation or difference and argument thereon by the parties or by Council on behalf of either or both of them and shall make a decision on the matter or matters in dispute and the decision is binding on the parties and upon any person on whose behalf the agreement was made. 12.09 The decision of the majority of the members of the Arbitration Board or where there is no majority decision, the decision of the Chairperson of the Board shall be the decision of the Arbitration Board. 12.10 The time limits allowed under Article 12 or by the terms of the collective bargaining agreement for giving any notice or taking any step in the Grievance and Arbitration proceedings may only be extended or enlarged by the mutual written consent of the parties to this Agreement. 12.11 In no case shall the Board of Arbitration have the authority to alter, modify or amend any part of this agreement. The decision of the Board of Arbitration shall be in writing and the Chairperson shall forward a copy thereof to each of the parties. 12.12 Each party shall assume its own costs of the Arbitration and shall share equally in the cost of the Chairperson and any other general expenses of the Arbitration Board.

Arbitrations. 12.01 Where a violation of If the Agreement grievance is alleged; or a difference between the parties not answered to the Agreement arisesUnion’s satisfaction in Step 3, respecting the meaning or application of Union may make written request that the Agreement, including a difference as grievance be submitted to whether or not a matter upon which final and binding arbitration. Requests for arbitration has been sought comes within the scope of the Agreement, either party must be submitted to the Agreement, after exhausting any grievance procedure established by the Agreement: i. may refer such violation or difference to an Arbitration Board, the composition and membership of which is defined in the following sections of this article and ii. shall notify the other party in writing that he intends to submit the alleged violation or difference to an Arbitration Board 12.02 The notice mentioned in Article 12.01 ii, shall contain the name of the person appointed to the Arbitration Board by the party giving notice. 12.03 Within five (5) days of receiving the notice, the party to whom notice is given shall name the person whom it appoints to the Arbitration Board and furnish the name of its appointee to the party who gave the notice. 12.04 A person who has a pecuniary interest in a matter before the Arbitration Board or is acting or has within a period of one (1) year prior to the date on which notice of intention to submit the matter to Arbitration is given, acted as solicitor, counsel or agent of any of the parties to the Arbitration is not eligible for appointment as a member of the Arbitration Board and he shall not act as a member of the Arbitration Board. 12.05 The two (2) appointees named by the parties to the Agreement shall, County Law Department within ten (10) working days following the date the Union received the Employer’s Step 3 response. In the event the grievance is not referred to arbitration within such time limit, the grievance shall be considered resolved based upon the answer given by the Employer in Step 3. SECTION 8. If the Union appeals to arbitration, the parties will meet to attempt to mutually agree upon an arbitrator. If such agreement is not reached, the Union shall obtain a panel from the Federal Mediation and Conciliation Service (“FMCS”). The panel shall be limited to members of the appointment National Academy of Arbitrators from the second Northern Ohio sub­ region of themFMCS. The panel members’ names will be alternately stricken until stricken until one name remains, attempt to agree to a third member of the Board. This third member shall then become Chairperson of the Arbitration Board. Should the two (2) appointees fail to agree upon a third member the Chairperson who shall be appointed in accordance with Article 12.06. 12.06 The appointee(s) shall notify the Chairperson of the Labour Relations Board that they are unable to agree on a third member and shall request the Chairperson of the Labour Relations Board to appoint a third member. The person so appointed by the Chairperson of the Labour Relations Board shall become the Chairperson of the Board of Arbitration. 12.07 If a person so nominated designated by the parties to hear the matter. The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement, or to make any award requiring the commission of any act as their Nominee prohibited by law, or to make any award that itself is contrary to law or violates any of the Arbitration Board is unwilling or unable to act on terms and conditions of this Agreement. The fees and expenses of FMCS, the Board of Arbitration arbitrator and the nominating party fails to appoint a replacement within five (5) working days or if one cost of the parties refuses to nominate a person to hearing room, if any, shall be shared equally by the Board of Arbitration, parties. All other expenses shall be borne by the Chairperson party incurring them. Neither party shall be responsible for any of the Labour Relations Board shall, upon written request, nominate a representative for either defaulting party as the case may be. 12.08 The Arbitration Board shall hear evidence adduced relating to the alleged violation or difference and argument thereon expenses incurred by the parties or by Council on behalf of either or both of them other party. The arbitrator’s decision and shall make a decision on award will be in writing and delivered within thirty (30) days from the matter or matters in dispute and date the decision record is binding on the parties and upon any person on whose behalf the agreement was made. 12.09 The decision of the majority of the members of the Arbitration Board or where there is no majority decision, the decision of the Chairperson of the Board shall be the decision of the Arbitration Board. 12.10 The time limits allowed under Article 12 or by the terms of the collective bargaining agreement for giving any notice or taking any step in the Grievance and Arbitration proceedings may only be extended or enlarged by the mutual written consent of the parties to this Agreement. 12.11 In no case shall the Board of Arbitration have the authority to alter, modify or amend any part of this agreementclosed. The decision of the Board of Arbitration arbitrator shall be in writing final and binding upon the Chairperson shall forward parties. The Union agrees to hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a copy thereof to each member of the partiesbargaining unit during the exercise of the member’s rights as provided by the grievance and arbitration procedures outlined herein. 12.12 SECTION 9. The fees and expenses of the arbitrator shall be split equally between the parties. Each party shall assume its own costs of the Arbitration and shall share equally in pay the cost of the Chairperson its own representatives and any other general expenses of the Arbitration Boardwitnesses.

Arbitrations. 12.01 Where 8.1 The Board of Arbitration will be composed of one (1) person appointed by the Company, one (1) person appointed by the Union and a violation third person to act as Chairperson, chosen by the other two members of the Agreement is alleged; or a difference between the parties to the Agreement arises, respecting the meaning or application Board. 8.2 Within ten (10) working days of the Agreementnotice to submit the grievance to arbitration, including a difference as to whether or not a matter upon which arbitration has been sought comes within the scope of the Agreement, either each party to the Agreement, after exhausting any grievance procedure established by the Agreement: i. may refer such violation or difference to an Arbitration Board, the composition and membership of which is defined in the following sections of this article and ii. shall notify the other party in writing that he intends to submit the alleged violation or difference to an Arbitration Board 12.02 The notice mentioned in Article 12.01 ii, shall contain of the name of its appointee. 8.3 Should the person appointed to the Arbitration Board by the party giving notice. 12.03 Within five (5) days of receiving the noticeCompany, the party to whom notice is given shall name and the person whom it appoints to the Arbitration Board and furnish the name of its appointee to the party who gave the notice. 12.04 A person who has a pecuniary interest in a matter before the Arbitration Board or is acting or has within a period of one (1) year prior to the date on which notice of intention to submit the matter to Arbitration is given, acted as solicitor, counsel or agent of any of the parties to the Arbitration is not eligible for appointment as a member of the Arbitration Board and he shall not act as a member of the Arbitration Board. 12.05 The two (2) appointees named appointed by the parties to the Agreement shall, within ten (10) days of the appointment of the second of them, attempt to agree to a third member of the Board. This third member shall then become Chairperson of the Arbitration Board. Should the two (2) appointees Union fail to agree upon a third member the Chairperson shall be appointed in accordance with Article 12.06. 12.06 The appointee(s) shall notify the Chairperson of the Labour Relations Board that they are unable to agree on a third member and shall request the Chairperson person within fifteen (15) working days of the receipt of the notification mentioned in Article 8.2 above, the Minister of Labour Relations Board of Canada may be asked to appoint a third member. The person so appointed by the Chairperson of the Labour Relations Board shall become the Chairperson of the Board of Arbitration. 12.07 If a person so nominated by the parties to act as their Nominee Chairperson. 8.4 Notwithstanding the foregoing, the parties may agree to the appointment of a single Arbitrator with the same powers as an Arbitration Board is unwilling or unable to act Board. The single Arbitrator will be chosen by mutual agreement of the parties. If agreement cannot be reached on the Board appointment of Arbitration and the nominating party fails to appoint a replacement single Arbitrator within five (5) working days of the receipt of the notification mentioned in Article 8.2 above, a Board of Arbitration will be appointed in accordance with the provisions of Article 8.3. 8.5 A decision of a majority of an Arbitration Board will be deemed to be a decision of the Board. The decision of a Board of Arbitration or if one a single Arbitrator will be binding on both parties. 8.6 The Board of Arbitration or the Arbitrator shall not have any power to alter or change any provision 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. 8.7 For the purpose of Section 60(2) of the Canada Labour Code, the Company and the Union agree that dismissal is the appropriate penalty for theft. Where a Board of Arbitration or a single Arbitrator is satisfied that theft has been proven, the Union relinquishes its right to request that the penalty imposed by the Company be changed and the Board of Arbitration or a single Arbitrator will not have the authority to change the penalty. 8.8 Each of the parties refuses to nominate a person to the Board of Arbitration, Agreement will bear the Chairperson expenses of the Labour Relations member of the Board shallappointed by it, upon written request, nominate a representative for either defaulting party as the case may be. 12.08 The Arbitration Board shall hear evidence adduced relating to the alleged violation or difference and argument thereon by the parties or by Council on behalf of either or both of them and shall make a decision on will jointly bear the matter or matters in dispute and the decision is binding on the parties and upon any person on whose behalf the agreement was made. 12.09 The decision of the majority of the members of the Arbitration Board or where there is no majority decision, the decision expense of the Chairperson of the Board shall be the decision of the Arbitration Board. 12.10 The time limits allowed under Article 12 or by the terms of the collective bargaining agreement for giving any notice or taking any step in the Grievance and Arbitration proceedings may only be extended or enlarged by the mutual written consent of the parties to this Agreement. 12.11 In no case shall the Board of Arbitration have the authority to alter, modify or amend any part of this agreement. The decision of the Board of Arbitration shall be in writing and the Chairperson shall forward a copy thereof to each of the partiessingle Arbitrator. 12.12 Each party shall assume its own costs of the Arbitration and shall share equally in the cost of the Chairperson and any other general expenses of the Arbitration Board.

Arbitrations. 12.01 Where a violation of If any dispute about the Agreement is alleged; or a difference between the parties to the Agreement arises, respecting the meaning interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the Agreement, including a difference as to whether or not a matter upon which arbitration has been sought comes within the scope of the Agreement, either party to the Agreement, after exhausting any grievance procedure established outlined in Subsection the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Agreement: i. may refer such violation or difference Union to an a Board of Arbitration Board, for adjudication. The party desiring to submit the composition and membership of which is defined in the following sections of this article and ii. dispute to arbitration shall notify the other party in writing that he intends to submit of its desire and the alleged violation or difference to an Arbitration Board 12.02 The notice mentioned in Article 12.01 ii, shall contain the name of the person appointed first party's nominee to an arbitration board. The recipient of the Arbitration Board by the party giving notice. 12.03 Within notice shall, within five (5) days working days, inform the other party of receiving the notice, the party to whom notice is given shall name the person whom it appoints to the Arbitration Board and furnish the name of its appointee nominee to the party who gave the notice. 12.04 A person who has a pecuniary interest in a matter before the Arbitration Board or is acting or has within a period of one (1) year prior to the date on which notice of intention to submit the matter to Arbitration is given, acted as solicitor, counsel or agent of any of the parties to the Arbitration is not eligible for appointment as a member of the Arbitration Board and he shall not act as a member of the Arbitration Board. 12.05 arbitration board. The two (2) appointees named by the parties to the Agreement nominees so selected shall, within ten (10) working days of the appointment of the second of them, attempt to agree to appoint a third member person who shall be the Chairman. If the recipient of the Board. This third member shall then become Chairperson of notice fails to appoint a nominee, or if the Arbitration Board. Should the two (2) appointees nominees fail to agree upon a third member Chairman, the Chairperson appointment shall be appointed in accordance with Article 12.06. 12.06 The appointee(s) shall notify made by the Chairperson Minister of Labour for Ontario upon the Labour Relations Board that they are unable to agree on a third member and shall request the Chairperson of the Labour Relations Board to appoint a third membereither party. The person so appointed by arbitration board, when selected or appointed, will proceed as soon as practicable to hear and determine the Chairperson of the Labour Relations Board dispute and it shall become the Chairperson of the Board of Arbitration. 12.07 If a person so nominated by the parties to act as their Nominee to the Arbitration Board is unwilling or unable to act on the Board of Arbitration and the nominating party fails to appoint a replacement within five (5) working days or if one of the parties refuses to nominate a person to the Board of Arbitration, the Chairperson of the Labour Relations Board shall, upon written request, nominate a representative for either defaulting party as the case may be. 12.08 The Arbitration Board shall hear evidence adduced relating to the alleged violation or difference and argument thereon by the parties or by Council on behalf of either or both of them and shall make issue a decision on the matter or matters in dispute which is final and the decision is binding on upon the parties and upon any person on whose behalf the agreement was made. 12.09 their respective members. The decision of a majority is the majority decision of the members of the Arbitration Board or where arbitration board, but if there is no majority decisionmajority, the decision of the Chairperson Chairman governs. The arbitration board shall have no power to add to or subtract from or modify any of the Board terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other for the discharge or discipline as to the arbitration board seemsjust and reasonable in all circumstances. The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the decision of the Arbitration Board. 12.10 parties. The time limits allowed under Article 12 or as to both documents and procedure set out in this Subsection shall be observed by the terms of the collective bargaining agreement for giving any notice or taking any step in the Grievance and Arbitration proceedings may only be extended or enlarged by the mutual written consent of the parties to this Agreement. 12.11 In no case shall Agreement provided, however, that the Board parties may mutually agree in writing in respect to an extension or waiver of Arbitration have the authority to alter, modify or amend any part of this agreement. The decision of the Board of Arbitration shall be in writing and the Chairperson shall forward a copy thereof to each of the parties. 12.12 Each party shall assume its own costs of the Arbitration and shall share equally in the cost of the Chairperson and any other general expenses of the Arbitration Board.time limits imposed. No