Common use of ARTICLE ARBITRATION Clause in Contracts

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. Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to in Article (a) above], which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration, unless the parties agree otherwise in writing. Where a difference arises as matter may be referred to a Board of Arbitration, 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, following procedure shall apply: The Party requesting arbitration shall notify the other party party, in writing writing, of its desire to submit arbitrate and shall, at the difference or allegation same time, name one (1) person as its appointee to the Arbitration and also must name the party's preferred list Board; The recipient of nominees to serve as sole arbitrator. The party receiving the notice shall shall, within five ten (510) working days advise of receipt of the referral described in (a), above, notify, in writing, the other party Party of its appointee to the Arbitration Board; The Chairperson 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 shall be selected from the top of the list of arbitrators provided for Article below. Once selected, the arbitrator’s name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be substituted for referred to a single Sole Arbitrator, in which case such the Sole Arbitrator shall have be selected from the same jurisdictiontop of the list of arbitrators provided for in Article below. Once selected, power and authority as has been given the name shall be moved to the bottom of the list and the arbitrators shall be so rotated. There shall be a list of six (6) arbitrators who shall act as Chairperson or Sole Arbitrator by the foregoing terms as provided for in Articles and above. The list of this Article.arbitrators and their initial order shall be as follows: ▇▇▇▇▇▇▇

ARTICLE ARBITRATION. Where When either party requests that a difference arises grievance be submitted to arbitration, as provided under Article it shall make such request in writing addressed to the interpretation, application, or administration of other party to this Agreement, including any questions as to whether a matter is arbitrableand such request shall include the name of its nominee, 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 nominate a Representative,provided however, that if such 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 nomineesnominate a Representative as herein required, and unless the appointment shall be made time has been extended by mutual agreement between the two parties, the Minister of Labour for Ontario (from the names provided Province of Ontario, have power to effect such appointment uponapplication thereto by the party giving notice) upon request of either party. The Arbitrator two nominees shall hear and determine attempt to select, by agreement, a Chairperson of the difference and Arbitration Board. If they are unable to agree upon such Chairperson within a period of ten (10) calendar days after the nomination of the second Representative, they, or either of them, may then request the Labour ManagementArbitration Commissionfor the Province of Ontario 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 carried through all previous steps of the Grievance Procedure. Each of the parties hereto shall issue a decision 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. Any and all time limits referred to under the Grievance Procedure herein, may, at any time, only be extended by written agreement between the Company and the Union. The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding upon on the parties Company, the Union and upon any employee affected by it. Each party the affected, providedhowever, that in no event shall share equally in covering the expenses Board of Arbitration have the Arbitrator and any fees incurred by reason of the appointment of said Arbitrator. The Arbitrator shall not be authorized power to change this Agreement or to alter, modify modify, or amend any part of this Agreementits provisions, nor to make any decision inconsistent in conflict 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 arbitrating any 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.to:

ARTICLE ARBITRATION. Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing ; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to in Article (a) above], which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration, unless the parties agree otherwise in writing. Where a difference arises as matter may be referred to a Board of Arbitration, 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, following procedure shall apply: The Party requesting arbitration shall notify the other party party, in writing writing, of its desire to submit arbitrate and shall, at the difference or allegation same time, name one person as its appointee to the Arbitration and also must name the party's preferred list Board; The recipient of nominees to serve as sole arbitrator. The party receiving the notice shall shall, within five ten days of receipt of the referral described in (5) working days advise a), above, notify, in writing, the other party Party of its appointee to the Arbitration Board; The Chairperson 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 shall be selected from the top of the list of arbitrators provided for Article below. Once selected, the name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be substituted for referred to a single Sole Arbitrator, in which case such the Sole Arbitrator shall have be selected from the same jurisdictiontop of the list of arbitrators provided for in Article below. Once selected, power and authority as has been given the arbitrator's name shall be moved to the bottom of the list and the arbitrators shall be so rotated. There shall be a list of six (6) arbitrators who shall act as Chairperson or Sole Arbitrator by the foregoing terms as provided for Articles and above. The list of this Article.arbitrators and their initial order shall be as follows: ▇▇▇▇▇▇▇

ARTICLE ARBITRATION. Where a difference arises as If the parties fail to settle 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 grievance at Step of the parties mayGrievance Procedure, after exhausting any Grievance Procedure established by this Agreement, notify the grievance may be referred to arbitration under the following procedure. The party requiring arbitration must serve the other party in writing with written notice of its desire to submit arbitrate within fourteen (14) days after receiving the difference or allegation decision given at Step of the Grievance Procedure. If a notice of desire to Arbitration 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 also must name the party's preferred list Employer in a hearing to ascertain both sides of nominees to serve as sole arbitratorthe case. The party receiving the notice shall within five (5) working days advise the other party decision of the name of single Arbitrator will be final and binding on the party's preferred list of nominees two parties to serve as a sole arbitratorthe 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 service as aforesaid, either party receiving the notice fails to name its' preferred nominees, the appointment shall be made by may request the Minister of Labour for Ontario (from to appoint a single Arbitrator. Notice of desire to arbitrate and of nominations of an Arbitrator shall be served personally, via facsimile or by registered mail. If served by registered mail, the names provided by 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 commence arbitration proceedings and if the party giving notice) upon request in default refuses to meet to appoint an Arbitrator, the party not in default may apply to the Minister of either partyLabour to appoint a single Arbitrator to hear the grievance. The decision of the Arbitrator shall hear and determine the difference and shall issue a decision and the decision shall be final and binding upon both parties. It is agreed that the parties single 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 any employee affected by it. Each party shall share equally in covering the expenses words or conduct of the Arbitrator other party. An employee found to be wrongfully discharged or suspended will be reinstated without loss of seniority and with back pay calculated on the basis of mileage, hourly or trip rate times normal trip miles, hours or trips, as applicable, less 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 lostmonies 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 imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the Arbitrator may substitute a penalty which is in the opinion of the Arbitrator just and equitable. Notwithstanding The parties will equally bear the foregoing expense of the single Arbitrator. An Arbitrator dealing with a matter other than discipline shall be empowered to render decision or interpretation consistent with the 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 ArticleAgreement.

ARTICLE ARBITRATION. Where If the employer or the Union requests that a difference arises as above provided be submitted to the interpretationarbitration, application, or administration of this Agreement, including any questions as it shall make such request in writing addressed 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 this agreement and, at the difference or allegation to Arbitration and also must name the party's preferred list of nominees to serve as sole same time, nominate an arbitrator. Within five (5) working days thereafter, the second party shall nominate an arbitrator and notify the first party. The party receiving the notice shall two (2) arbitrators so nominated shall, within five (5) working days advise the other party of the name nomination of the party's preferred list latter of nominees them, attempt to serve as select by agreement a sole arbitratorthird person to be a member and chairman of the arbitration board. If the party receiving the notice fails they are unable to name its' preferred nomineesagree on such a chairman, the appointment shall be made by they may then request the Minister of Labour for the Province of Ontario (from to appoint a chairman. In the names provided event of default by either party in nominating its representative to the arbitration board, the other party giving notice) upon request may apply to the Minister who shall have power to effect such appointment. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the The arbitration board shall not have jurisdiction to amend, modify, ignore or add to any of either partythe provisions of this agreement, or to substitute any new provisions in lieu thereof, nor to give any inconsistent with the terms and provisions of this agreement. No matter may be submitted to arbitration which has not been properly carried through the Grievance Procedure, except that the parties may agree in writing to extend the time limits fixed in both the Grievance and Arbitration Procedures. The Arbitrator shall hear and determine decision of the difference and shall issue a decision and majority of the decision shall arbitration board will be final and binding upon the parties hereto and upon any employee affected by itthe employees and, if there majority, the decision of the chairman will govern. Each party shall share equally in covering of the parties hereto will bear the expenses of the Arbitrator arbitrator appointed by it, and any the parties will jointly bear the fees incurred by reason and expenses of the appointment chairman of said Arbitratorthe arbitration board. The Arbitrator ARTICLE DISCHARGE, DISCIPLINE, SUSPENSION GRIEVANCES A claim by an employee who has completed his or her probationary period that he or she has been unjustly suspended, discharged shall not be authorized treated as a grievance if a written statement of such grievance is lodged at Step No. of the Grievance Procedure within five (5) working days the employee ceases to alterwork for the Employer, modify or amend and the first two (2) steps of the Grievance Procedure will be omitted in any part of this Agreementsuch cases. Whenever the employer requests a meeting between itself and an regarding discipline and work performance, nor the has the right to make any decision inconsistent with the provisions thereof, nor to deal with any matter not covered request representation by the Agreement, or any matter which does not involve the interpretation, application, administration or alleged violation of Union at this Agreementmeeting. In cases of grievances for discharge, suspension or other actions of discipline, such Such special grievance may be settled by confirming under 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 Grievance 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.Procedures by:

ARTICLE ARBITRATION. Where a difference arises as If the parties fail to settle 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 grievance at step of the parties maygrievance procedure, after exhausting any Grievance Procedure established by this Agreement, notify the grievance may be referred to arbitration under the following procedure. The party requiring arbitration must serve the other party in writing with written notice 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 arbitrate within ten (10) days after receiving the notice shall within five (5) working days advise the other party decision given at step of the name grievance procedure. If a notice of desire to arbitrate is served, the party's preferred list party serving the same shall designate whether it wishes to have the arbitration heard by a board of nominees to serve as arbitration or by a sole arbitrator. If the party receiving serving the notice fails to name its' preferred nomineesdesignates a board of arbitration, the appointment two parties shall be made each nominate an arbitrator within ten (10) days of service and notify the other party of the name and address of its nominee. The two arbitrators so appointed shall attempt to select, by agreement, a chairman. If the party serving the notice designates a sole arbitrator, the two parties shall attempt to select, by agreement, a sole arbitrator. If the two arbitrators are unable to select a chairman within ten (10) days of their appointment, or if the parties are unable to select a sole arbitrator within ten (10) days of the notice that the party wishes to have the arbitration heard by a sole arbitrator, either party may request the Minister of Labour for Ontario (from to appoint an impartial chairman or an impartial arbitrator, as the names provided case may be. Where the arbitration is to be heard by a sole arbitrator, all references hereinafter contained in Article to a board of arbitration shall apply to the sole arbitrator, making all. necessary changes. No person may be appointed as arbitrator 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. Notices 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 commence arbitration proceedings, and if the party giving notice) in default refuses or neglects to appoint an arbitrator in accordance with Article the party not in default may, upon request of either party. The Arbitrator shall notice to the party in default, appoint a single arbitrator to hear the grievance and determine the difference and shall issue a decision and the his decision shall be final and binding upon both parties. It is agreed that the parties arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in Article and Article where it appears that the default was owing to a reliance upon any employee affected by it. Each party shall share equally in covering the expenses words or conduct of the Arbitrator other party. An employee found to be wrongfully discharged or suspended may be reinstated without loss of seniority. The arbitration board may have the jurisdiction, power, and any fees incurred by reason authority to decide of the appointment payment of said Arbitrator. The Arbitrator back pay; if it so decides, back pay shall not be authorized to altercalculated at day rate, modify or amend earnings, as applicable times normal hours, less 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 lostmonies earned, or by any other arrangement which is just and equitable in the opinion of the arbitration board. Where the arbitration board is of the opinion that there is proper cause for disciplining an employee, but considers the penalty imposed too severe in view of the employee’s employment record and the circumstances surrounding the discharge or suspension, the arbitration board may substitute a penalty which is, in its opinion, just and equitable. Notwithstanding the foregoing provisions Each of this article, the parties hereto may in substitution for will bear the above procedureexpense of the arbitrator appointed by it, agree in writing that a Board and the parties will jointly bear the expense 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 chairman of the Arbitrator by the foregoing terms of this Articlearbitration board.

ARTICLE ARBITRATION. Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to in Article (a) above], which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration, unless the parties agree otherwise in writing. Where a difference arises as matter may be referred to a Board of Arbitration, 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, following procedure shall apply: The Party requesting arbitration shall notify the other party party, in writing writing, of its desire to submit arbitrate and shall, at the difference or allegation same time, name one (1) person as its appointee to the Arbitration and also must name the party's preferred list Board; The recipient of nominees to serve as sole arbitrator. The party receiving the notice shall shall, within five ten days of receipt of the referral described in (5) working days advise a), above, notify, in writing, the other party Party of its appointee to the Arbitration Board; The Chairperson 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 shall be selected from the top of the list of arbitrators provided for in Article below. Once selected, the arbitrator’s name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be substituted for referred to a single Sole Arbitrator, in which case such the Sole Arbitrator shall have be selected from the same jurisdictiontop of the list of arbitrators provided for in Article below. Once selected, power and authority as has been given the name shall be moved to the bottom of the list and the arbitrators shall be so rotated. There shall be a list of six (6) arbitrators who shall act as Chairperson or Sole Arbitrator by the foregoing terms as provided for in Articles and above. The list of this Article.arbitrators and their initial order shall be as follows: ▇▇▇▇▇▇▇

ARTICLE ARBITRATION. Both parties to this agreement agree that any grievance that an employee, who has completed probationary period, has been suspended or discharged without just cause which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled may be referred to a Sole Arbitrator, as provided hereunder, unless the parties agree otherwise in writing; The parties further agree that any grievance concerning the interpretation or claimed violation of this agreement [other than a matter referred to in Article (a) above], which has been properly carried through all of the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration, unless the parties agree otherwise in writing. Where a difference arises as matter may be referred to a Board of Arbitration, 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, following procedure shall apply: The Party requesting arbitration shall notify the other party party, in writing writing, of its desire to submit arbitrate and shall, at the difference or allegation same time, name one (1) person as its appointee to the Arbitration and also must name the party's preferred list Board; The recipient of nominees to serve as sole arbitrator. The party receiving the notice shall shall, within five ten (510) working days advise of receipt of the referral described in (a), above, notify, in writing, the other party Party of its appointee to the Arbitration Board; The Chairperson 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 shall be selected from the top of the list of arbitrators provided for Article below. Once selected, the arbitrator's name shall be moved to the bottom of the list and the arbitrators shall be so rotated. Where a matter may be substituted for referred to a single Sole Arbitrator, in which case such the Sole Arbitrator shall have be selected from the same jurisdictiontop of the list of arbitrators provided for in Article below. Once selected, power and authority as has been given the arbitrator's name shall be moved to the bottom of the list and the arbitrators shall be so rotated. There shall be a list of six (6) arbitrators who shall act as Chairperson or Sole Arbitrator by the foregoing terms as provided for in Articles and above. The list of this Article.arbitrators and their initial order shall be as follows: ▇▇▇▇▇▇▇