ARTICLE ARBITRATION Clause Samples
The Article Arbitration clause establishes that disputes arising under the agreement will be resolved through arbitration rather than through court litigation. Typically, this clause outlines the process for selecting arbitrators, the rules governing the arbitration proceedings, and the location where arbitration will take place. By mandating arbitration, the clause provides a private, often faster and less formal method for resolving conflicts, thereby reducing the time and costs associated with traditional legal proceedings and ensuring a clear, agreed-upon mechanism for dispute resolution.
ARTICLE ARBITRATION. If the parties fail to settle the grievance at Step of the Grievance Procedure, the grievance may be referred to arbitration. The party initiating 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 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. If the parties fail to agree to refer the to an agreed single Arbitrator within seven (7) days of service as aforesaid, either Party may request the Minister of Labour to appoint a single Arbitrator. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served by fax and 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 arbitra- tion proceedings and if the party in default refuses or neglects to appoint an Arbitrator, the party not in default apply to the Minster of Labour to appoint an Arbitrator to hear the grievance. The decision of the Arbitrator shall be final and binding on both pasties It is agreed that the Arbitrator shall have the jurisdiction, power, and authority to give relief for default in complying with the time limits set out in Articles and where it appears that the default was owing to a reliance upon the words or conduct of the other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay, less any monies earned, or by any other arrangement which is just and equitable in the opinion of the Arbitrator. Where the Arbitrator is of the opinion that there is proper cause for disciplining an employee, but considers the penalty too severe in view of the employee's employment record and the surrounding the discharge or suspension, the Arbitrator may substitute a penalty which, in the opinion of the Arbitrator, is just and equitable. The decision of the Arbitrator will be final and binding on the two parties to the dispute and shall be applied forthwith. The parties will equally bear the expense of the Arbitrator. An Arbitrator be empowered to render his decision or consistent with the of this ...
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. Where a difference arises as 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 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 also must name the party's preferred list of nominees to serve as sole arbitrator. The party receiving the notice shall within five (5) working days advise the other party of the name of the party's preferred list of nominees to serve as a sole arbitrator. If the party receiving the notice fails to name its' preferred nominees, the appointment shall be made by the Minister of Labour for Ontario (from the names provided by the party giving notice) upon request of either party. The Arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. Each party shall share equally in covering the expenses of the Arbitrator and any fees incurred by reason of the appointment of said Arbitrator. The Arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to make any decision inconsistent with the provisions 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. In cases of grievances for discharge, suspension or other actions of discipline, such grievance may be settled by confirming the Employer's decision in discharging, 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. Notwithstanding the foregoing provisions of this article, the parties hereto may in substitution for the above procedure, agree in writing that a Board of Arbitration may be substituted for a single Arbitrator, in which case such Arbitrator shall have the same jurisdiction, power and authority as has been given to the Arbitrator by the foregoing terms of this Article.
ARTICLE ARBITRATION. Where a grievance is referred to arbitration the party making the referral will notify the other party in writing of its election of proceeding with a single arbitrator (“arbitrator”) or a tripartite arbitration board (“board”). Where election is made for an arbitrator, the party making the referral, will suggest one or more persons to act as arbitrator in its notice of referral. The other party will respond in writing within ten (10) days to either be in agreement with one of the suggested persons or if not will suggest other perçons. Failure by the parties to agree upon an arbitrator within the time limited, either party may request that an arbitrator be appointed by the Minister of Labour of Ontario. Where election is made for a board, the party making the referral will name its appointee such board in the notice of referral. The other party will respond in writing within five (5) days by naming its appointee. The two appointees so selected will, within ten (10) days of the appointment of the second of them, appoint a third person who shall chair the board. Upon failure by the party receiving notice to name its appointee or upon failure by the two appointees to agree on a chairperson within the time limited, either party may request that the Ministry of Labour of Ontario appoint one or both persons as required. The arbitrator or the board will have no authority to alter, change, or modify any of the terms and conditions of this Agreement. Any question as to will be determined by the arbitrator or board. The decision of the arbitrator or of the board, will be final and binding. Each party to this agreement will pay the fees and expenses of the member of the board selected by it or by the Minister and will share equally in paying the fees and expenses of the chairperson of the board or of the arbitrator. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Neither party shall disclose in any manner to the Board of Arbitration any information concerning previous offers of settlement made by the other party. ARTICLE MANAGEMENT GRIEVANCES A grievance, initiated by the Company may be referred in writing to the Union Grievance Committee fifteen (15) days of the occurrence of the circumstances giving rise to the grievance and the Union Grievance Committee shall meet within three (3) days thereafter with management. The time limit may be extended by mutual agreement. If no settlement is reached wit...
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. If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) 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 Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedure. The two nominees shall attempt to 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, they shall then request the Office of Arbitration of the Ministry of Labour of 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 he submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. The Board or Arbitration shall not have any power to amend, alter, modify, or add to any or 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. The proceedings of the Arbitration Board will he 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. 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, if any, of the Chairman of the Arbitration Board. The time limits set out in both the grievance and arbitration procedures herein are mandatory, and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of the Labour Relations Act.
ARTICLE ARBITRATION. Where a grievance is referred to Arbitration, a single Arbitrator or a Board of Arbitration shall be established in accordance with the provisions of the Trade Union Act of the Province of Saskatchewan. The decision of the Arbitrator or the Board of Arbitration shall be final and binding on both parties to this Agreement. In order to render a decision which it deems just and equitable, the Arbitrator or the Board of Arbitration shall have the right to waive formal procedural irregularities affecting the grievance if, in its opinion, such irregularities are not essential to the grievance being arbitrated. However, the Arbitrator or the Board of Arbitration shall not have the power to alter, modify or amend any provisions of this Agreement. Should the parties to this Agreement disagree in the interpretation of the Arbitrator or the Board of Arbitration's decision, either party may apply to the Arbitrator or the Chairperson of the Board to reconvene the hearing for the sole purpose of clarifying the original decision. Subject to the exceptions in Article the fees and expenses of the Chair or Arbitrator shall be shared equally between the parties. Each party shall be responsible for its costs, fees and expenses of witnesses and those of its Board of Arbitration member.
ARTICLE ARBITRATION. Failing a satisfactory settlement in Step of the Grievance Procedure, it shall be the responsibility of the party desiring arbitration to so inform the other party, in writing, within ten (IO) days after the Manager of Human Resources or designates response. As provided for in Article the party delivering the notice to arbitrate shall indicate in the notice the arbitrator for that grievance from the following list: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ It is understood and agreed that following ratification of this Agreement, arbitrators will be selected in the order they appear on the list above, starting with the top of the list and moving to the bottom in the order that notices to arbitrate are received. In the event that the arbitrator, according to this process, is no longer available (i.e. within six (6) months) to arbitrate, that particular case will be referred to the next arbitrator on the list. The decision of the sole arbitrator shall be final and binding upon the parties. The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to him or her. The parties will equally bear the fees and expenses of the sole arbitrator. Any witnesses called by the parties will be at their individual expense. Any extension of the time limits contained herein may only be made by mutual consent in writing.
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. 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.