ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nominee. Within five (5) calendar days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint a Chairperson. At the option of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties h...
ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure. The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days after receiving the decision given at Step of the Grievance Procedure. If a notice of desire to arbitrate is served, the two parties shall meet in an attempt to obtain an agreement to refer the matter to an agreed upon single Arbitrator within seven (7) days of service, who will meet with the authorized representatives of the Union and the Employer in a hearing to ascertain both sides of the case. The decision of the single Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. If the parties fail to agree to refer the matter to an agreed single Arbitrator within seven (7) days of the service as aforesaid, the two parties shall each then nominate an Arbitrator within seven (7) days of the failure to refer the matter to an agreed upon single Arbitrator and shall notify the other party of the name of the aforesaid nominee. The two Arbitrators so appointed shall attempt to select by agreement a Chairman. If they are unable to agree upon a Chairman within seven (7) days of their appointment, either party may request the Minister of Labour to appoint an impartial Chairman. No person may be appointed as Chairman who has been involved in an attempt to negotiate or settle the grievance. The decision of a majority is the decision of the Arbitration Board but if there is no majority the decision of the Chairman of the Arbitration Board governs. Notice of desire to arbitrate and of nominations 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. If a party refuses or neglects to answer a grievance at any stage of the Grievance Procedure, the other party may arbitration proceedings and if the party in default refuses or neglects to appoint an Arbitrator in accordance with 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 final and binding upon both parties. It is agreed that the single Arbitrator or the Arbitration Board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out i...
ARTICLE ARBITRATION. If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement, and at the same time a nominee. Within five
ARTICLE ARBITRATION. When either party requests that a grievance be submitted to arbitration, the request shall 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 days thereafter designate its nominee to the Board of Arbitration. The two so nominated shall endeavour, within ten days after the 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 unable to agree upon a third person as Chairperson, within ten days after the appointment of the second one of them, then either party may request the Office of Arbitration for the Province of Ontario to appoint a third member as Chairperson of the Board of Arbitration. The said two nominees first appointed shall be at liberty prior to the expiration of ten days from the date of the appointment of the second of them, or prior to the appointment of the Chairperson within the said period of ten days, to discuss the grievance submitted to them with a view to a mutual settlement. No person may be appointed as an Arbitrator who has been involved in any prior attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expense of its own nominee and one-half of the expenses and fees of the Chairperson. 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 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 arbitrated. 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 inconsistent with it. The decision of the 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. All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agree...
ARTICLE ARBITRATION. The parties to this Agreement agree that any grievance the interpretation or alleged violation of this Agreement, which has been properly carried out through all the steps of the Grievance Procedure outlined in Article above, which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto. The Board of Arbitration will be composed of one person by the Employer, one person appointed by the Union and a third person to act as Chair, chosen by the other two members of the Board. The party requesting arbitration shall name its appointee at the time of requesting arbitration, and the other party shall name its appointee within two (2) working days thereafter. 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 Chair within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chair. The decision of the Board of Arbitration or a majority of such Board constituted in the above or, if there is no majority, the decision of the Chair shall be binding on the employee, the Union and the Employer. 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. 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 Chair.
ARTICLE ARBITRATION. When either party requests that a grievance be submitted to arbitration, as provided under Article it shall make such request, in writing, addressed to the other party to this Agreement, and such request shall include the name of its Nominee. The other party shall nominate a Representative provided, however, that if such other party fails to nominatea Representative as herein required, and unless the time has been extended by mutual agreement betweenthe two parties, the Minister of Labour for the Provinceof Ontario shall have power to effect such appointment upon application thereto by either party. The two nominees shall attempt to select, by agreement, a Chairman of the Arbitration Board. If they are unable to agree upon such Chairman within a period of seven (7) full Representative, they or either of them may then request the Labour Management Arbitration Commission for the Province of Ontario to appoint a Chairman. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance, No matter may be submitted to Arbitrationwhich has not been carried through all proper Steps of the Grievance Procedure. Each of the parties hereto shall bear the expenses of the Nominee appointed on their behalf, and the parties hereto shall jointly bear the expense of the Chairman of the Board of Arbitration. Any and all time limits referred to under the grievance procedures herein may, at any time, only be extended by written agreement between the Company and the Union. The decision of the Chairman of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Company, the Union, and the affected provided, 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. In determining any discharge, the Board of Arbitration shall have the authority to:
ARTICLE ARBITRATION. (a) It is agreed by the parties that any difference of opinion relating to the interpretation, application, or administration of this Agreement which cannot be settled after exhausting the grievance procedure will be settled by Arbitration as defined in Section subsection (2) of the Ontario Labour Relations Act.
ARTICLE ARBITRATION. In any case in which Arbitration shall be required under this Agreement, the party initi- ating the Arbitration shall advise the other party in writing as required in Article The Union and the Company shall attempt to agree upon an Arbitrator within fifteen (15) days from the date of receipt of Notice of Arbitration. Should the Union and the Company fail to agree upon the appointment of an Arbitrator, then the Minister of Labour of Ontario shall be requested to appoint an Arbitrator. Arbitration’s shall be heard at a place desig- nated by the Arbitrator and the decision will be sought within fourteen (14) days after the close of hearings. It will be the intention of the Union and the Company that they meet with the Arbitrator as soon as practical after appointment. It is agreed that any and all time limits fixed by this Article for the rendering of a decision by the Arbitrator, may at any time be extended by agreement in writing, signed by a representa- tive of the Company and a representative of the Union. In any Arbitration, the written representations of the employee and the decision of the Company, or in the case of a difference direct- ly between the Company and the Union, a writ- ten representation by the applicant for the Arbitration and the reply thereto by the other party, shall be presented to the Arbitrator and the award of the Arbitrator shall be confined to determining the issues therein set out. 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 case shall the Arbitrator be authorized to alter, modify or amend any part of this Agreement. The expenses of the Arbitrator shall be borne in equal shares by the Company and the Union. No costs of Arbitration shall be award- ed to or against any party. Witness fees and allowances shall be paid by the party calling the witnesses. Each party to an Arbitration shall be entitled to be represented by counsel or otherwise, and to present evidence to cross-examine the wit- nesses of the other party, and to present argu- ment orally and/or in writing. When written arguments are submitted each party may reply once to the argument of the other party. Where any written argument or brief is filed by a party with the Arbitrator, a copy shall at the same time be sent to the other party.
ARTICLE ARBITRATION. The parties to this Agreement are agreed that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which had been properly carried through all steps of the Grievance Procedure as set forth in this Agreement and which has not been settled, may be referred to arbitration at the written request of either parties hereto. Any grievance to be arbitrated shall be referred to a Single Arbitrator selected in rotation from a list agreed to by the parties. The decision of the Single Arbitrator shall be binding upon both parties. The Single Arbitrator 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, or to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto shall jointly bear the remuneration and expenses of the Single Arbitrator. The Arbitrators shall rotate on each subsequent arbitration but should anyone be unable to act within sixty (60) calendar days, shall be passed over to the next on the list. If during the life of this Agreement, one of the Arbitrators agreed to by the parties withdraws from the list, the parties shall appoint a replacement by mutual agreement in writing. Selection of a Single Arbitrator pursuant to clause of this Article shall be made from the following list. Xxxxxxx
ARTICLE ARBITRATION. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether an allegation is made that this Agreement has been violated 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 difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The recipient of the notice shall within five (5) days, inform the other party of the name of its appointee to the 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 Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour, upon the request of either party. The Arbitration Board shall hear and the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employees affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is not majority the decision of the Chairman governs. Each of the parties hereto shall bear the expense of the arbitrator appointed by it, and the parties hereto shall jointly bear equally the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. It is further agreed that arbitration hearings shall be held in or such other place as may be mutually agreed to by the parties hereto. In no event shall the Board of Arbitration have the power to change this Agreement or alter, modify or amend any of its provisions. However, the Board of Arbitration shall have the power to dispose of any discharge or discipline grievance by any arrangement which, in its opinion, it deems just and equitable.
