Common use of Arbitrations Clause in Contracts

Arbitrations. (i) If not settled at Step 3, the grievance may be referred to arbitration pursuant to the Ontario Labour Relations Act within ten (10) days of the response from the Director of Human Resources or his/her designate. Under no circumstance will a grievance be referred to arbitration after ten (10) days have passed. (ii) An arbitrator shall not make any finding or decision inconsistent with the provisions of this Agreement, nor shall he/she have the power to add to, alter or modify, amend or delete any part of this Agreement, nor deal with matters not covered by this Agreement. (iii) Where a probationary employee has been terminated, the only issue that may be submitted to an arbitrator is whether the Region acted in a manner that was arbitrary, in bad faith or in violation of the Ontario Human Rights Code. (iv) Any grievance not processed in accordance with the time limits contained in this Article shall be deemed to be withdrawn, unless the time limits are waived by mutual consent in writing.