Common use of ARTICLE ARBITRATION Clause in Contracts

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 within five (5) days of the said meeting, the grievance may be referred by either party to arbitration as provided in Article at any time within thirty

ARTICLE ARBITRATION. Where The party receiving a grievance is referred notice of intention to arbitration the party making the referral will arbitrate shall notify the other party in writing initiating arbitration of the name and address 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 proposed 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 receipt of the circumstances notice of intention to arbitrate. The party giving rise notice shall then, within fifteen (15) days following the receipt of the notice referred to above, indicate its intention to either accept or reject the grievance arbitrator as proposed. In the event of rejection of the proposed arbitrator, then it shall propose an arbitrator within days and this process shall continue until an agreement is reached as to who the arbitrator shall be. The proposed arbitrator shall be chosen from a list compiled by the Employer and the Union Grievance Committee and shall meet within consist of not less than five names. The arbitrator appointed under this article shall be bound by the terms of this Agreement and the decision of such arbitrator shall be final and binding on all parties. The arbitrator shall not have the power or authority to make any decision inconsistent with the terms of this Agreement nor to alter, modify or amend any part of this Agreement. In the case of disciplinary action, the arbitrator shall have the power to alter or modify any disciplinary action taken by the Employer. The cost and expenses of the arbitrator shall be borne by each party equally. The time limits specified in this Article and in the preceding Article shall be mandatory and not directory and may be waived or extended in any particular case only by the mutual written agreement of the parties concerned in the grievance or arbitration proceedings. The failure to comply with any time limit set out in this or the preceding Article shall render the grievance lost by the griever or admitted by the party grieved against, as the case may be. The negotiating committee for the bargaining unit shall consist of a maximum of three (3) days thereafter employees chosen by the union, each of whom shall have at least one year’s seniority with managementthe Employer as at the date of commencement of negotiations. Where bargaining sessions between the Employer and the Union are scheduled by agreement to be held during the working hours of a member or members of the Union Negotiating Committee, such member or members, as the case may be, shall be entitled to leave of absence without pay for those bargaining hours occurring during his or their scheduled work, All other matters relating to bargaining shall be performed outside the employee’s hours of work and on the employee’s own time. The time limit may be extended by mutual agreementUnion shall notify the Employer in writing of the names of the employees on its negotiating committee at least two (2) months prior to the commencement of negotiations. If no settlement is reached The Employer agrees to maintain the wages and benefits of employees on the negotiating committee while engaged in negotiations providing they attend negotiating sessions and the Union will reimburse the Employer within five (5) days of receipt of the said meeting, invoice from the grievance may Employer. employer will maintain the current pension plan. The current cost sharing arrangement for the group insurance plan will be referred maintained. Temporary employees will be governed by either party to arbitration as provided in Article at any time within thirtythe terms of this Agreement with the following modifications:

ARTICLE ARBITRATION. Where When either party requests that a grievance is referred be submitted to arbitration arbitration, the party making the referral will notify request shall be in writing addressed to the other party in writing 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 election nominee to the Board of proceeding with Arbitration. The two so nominated shall endeavour, within ten days after the appointment of the second of them, to agree upon 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 third person 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 chairperson of the suggested persons or if not will suggest other perçonsBoard of Arbitration. Failure by If the parties nominees are unable to agree upon an arbitrator a third person as Chairperson, within ten days after the time limitedappointment of the second one of them, then either party may request that an arbitrator be appointed by the Minister Office of Labour Arbitration for the Province of Ontario. Where election is made for Ontario to appoint a board, third member as Chairperson of the party making the referral will name its appointee such board in the notice Board of referralArbitration. The other party will respond in writing within five (5) said two nominees first appointed shall be at liberty prior to the expiration of ten days by naming its appointee. The two appointees so selected will, within ten (10) days from the date of the appointment of the second of them, appoint a third person who shall chair or prior to the board. Upon failure by appointment of the party receiving notice to name its appointee or upon failure by the two appointees to agree on a chairperson Chairperson within the time limitedsaid period of ten days, either party may request that to discuss the Ministry of Labour of Ontario appoint one or both persons as required. The arbitrator or the board will have no authority grievance submitted to alter, change, or modify any of the terms and conditions of this Agreement. Any question as them with a view 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 arbitratora mutual settlement. No person may be appointed as an arbitrator Arbitrator who has been involved in an any prior attempt to negotiate or settle the grievanceparticular grievance concerned. Neither party Each of the parties shall disclose 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 manner to decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration any information concerning previous offers of settlement made by shall be 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 decision of the occurrence Board, but if there is no majority the decision of the circumstances giving rise to Chairperson shall govern. All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union Grievance Committee 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 Agreement, which has been disposed of hereunder, shall meet within three not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party. At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee (3or employees) days thereafter with management. The time limit concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties of the Board of Arbitration to have access to any part of the Home to view any working conditions which may be extended by mutual agreement. If no relevant to the settlement is reached within five (5) days of the said meetinggrievance, at a reasonable time, and so as not to interfere with the grievance may be referred by either party to arbitration as provided in Article at any time within thirtyfunction of the Home.

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 that this Agreement has been violated either of the parties may, after exhausting any grievance is referred to arbitration the party making the referral will procedure established by this Agreement, notify the other party in writing of its election of proceeding with a single arbitrator (“arbitrator”) desire to submit the difference or a tripartite allegation to arbitration board (“board”). Where election is made for an arbitrator, and the party making notice shall contain 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 name of the suggested persons or if not will suggest other perçons. Failure by the parties first party’s appointee to agree upon an arbitrator within the time limitedArbitration Board, either party may request that an arbitrator be appointed by the Minister The recipient 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 shall within five (5) days by naming days, inform the other party of the name of its appointeeappointee to the Arbitration Board. The two appointees so selected will, shall within ten five (105) days of the appointment of the second of them, appoint a third person who shall chair be the boardChairman. Upon failure by If the party receiving recipient of the notice fails to name its appointee appoint an arbitrator, or upon failure by if the two appointees fail to agree on upon a chairperson Chairman within the time limitedlimits, the appointment shall be made by the Minister of Labour, upon the request of either party may request that the Ministry of Labour of Ontario appoint one or both persons as requiredparty. The arbitrator Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the board will have no authority to alter, change, or modify decision is final and binding upon the parties and upon any of the terms and conditions of this Agreement. Any question as to will be determined employees affected by the arbitrator or boardit. 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 or of appointed by it, and the board, will be final and binding. Each party to this agreement will pay parties hereto shall jointly bear equally the fees and expenses of the member third party, and any cost of the board selected by it place of hearing of such arbitration if and when the necessity arises. It is agreed that arbitration hearings shall be held in or such other place as may be mutually agreed to by the Minister and will share equally in paying the fees and expenses of the chairperson of the board or of the arbitratorparties hereto. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Neither party In no event shall disclose in any manner to the Board of Arbitration have the power to change this Agreement or alter, modify or amend any information concerning previous offers of settlement made by the other partyits provisions. 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 within five (5) days of the said meetingHowever, the Board of Arbitration shall have the power to dispose of any discharge or discipline grievance may be referred by either party to arbitration as provided any arrangement which, in Article at any time within thirtyits opinion, it deemsjust and equitable.

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 is referred to arbitration the party making the referral will procedure established by this Agreement, notify the other party in writing of its election desire to submit the difference or allegation to arbitration and the notice shall contain the name of proceeding with a single arbitrator (“arbitrator”) or a tripartite arbitration board (“board”). Where election is made for the first party’s appointee to an arbitrator, the party making the referral, will suggest one or more persons to act as arbitrator in its notice of referralArbitration Board. The other party will respond in writing within ten (10) days to either be in agreement with one recipient 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 shall within five (5) days by naming days, inform the other party of the name of its appointeeappointee to the Arbitration Board. The two appointees so selected will, shall within ten five (105) days of the appointment of the second of them, appoint a third person who shall chair be the boardChairman. Upon failure by If the party receiving recipient of the notice fails to name its appointee appoint an arbitrator, or upon failure by if the two appointees fail to agree on upon a chairperson Chairman within the time limitedlimits, the appointment shall be made by the Minister of Labour, upon the request of either party may request that the Ministry of Labour of Ontario appoint one or both persons as requiredparty. The arbitrator Arbitration Board shall hear and the difference or allegation and shall issue a decision and the board will have no authority to alter, change, or modify decision is final and binding upon the parties and upon any of the terms and conditions of this Agreement. Any question as to will be determined employees affected by the arbitrator or boardit. 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 or of appointed by it, and the board, will be final and binding. Each party to this agreement will pay parties hereto shall jointly bear equally the fees and expenses of the member third party, and any cost of the board selected by it 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 Minister and will share equally in paying the fees and expenses of the chairperson of the board or of the arbitratorparties hereto. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Neither party In no event shall disclose in any manner to the Board of Arbitration have the power to change this Agreement or alter, modify or amend any information concerning previous offers of settlement made by the other partyits provisions. 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 within five (5) days of the said meetingHowever, the Board of Arbitration shall have the power to dispose of any discharge or discipline grievance may be referred by either party to arbitration as provided any arrangement which, in Article at any time within thirtyits opinion, it deems just and equitable.

ARTICLE ARBITRATION. Where a grievance difference arises between the parties relating to the interpretation, application or administration of this Agreement including any question as to whether a matter is referred to arbitration arbitrable or where an allegation is made that this Agreement has been violated, the party making the referral will requesting arbitration shall notify the other party in writing of its election of proceeding with a single arbitrator (“arbitrator”) desire to arbitrate the difference or a tripartite arbitration board (“board”). Where election is made for an arbitrator, allegation and shall at the party making same time name one person as its appointee to the referral, will suggest one or more persons to act as arbitrator in its notice of referralArbitration Board. The other party will respond in writing within ten (10) days to either be in agreement with one recipient 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 shall within five (5) days by naming of the receipt of same, notify the other party of the name of its appointeeappointee to the Arbitration Board. The two (2) appointees so selected willshall, within ten five (105) days of the appointment of the second of themlatter, appoint a third person who shall chair to act as Chairperson. the board. Upon failure by the party receiving notice to name its appointee or upon failure by the two appointees fail to agree on upon a chairperson Chairperson within the said five (5) days or if the recipient of the notice fails to appoint an arbitrator within the time limitedlimit, 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 appointments shall 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 made by the Minister and will share equally in paying of Labour for Ontario upon the fees and expenses request of the chairperson of the board or of the arbitratoreither party. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Neither The Arbitration Board shall hear and determine difference or allegation and shall issue a decision and the decision the majority of such board shall be final and binding upon the parties and any employees affected by it. If there is no majority, the decision of the Chairperson shall govern. The Arbitration Board shall make such decisions as it may in the circumstances deem just and equitable and may vary or set aside any penalty or discipline imposed by the Employer relating to the grievance then before it. The Arbitration Board shall not be authorized to alter, modify or amend any provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to make any decision inconsistent with the terms and provisions of this Agreement. Nothing herein shall be interpreted or construed to prevent the Arbitration Board from ordering reinstatement in employment with full or partial pay lost by an employee who has been dismissed or suspended. Each party shall disclose bear the expense of its appointee and the expense of the Chairperson shall be shared equally by both parties. Notwithstanding the foregoing provisions of this Article, the parties hereto may in any manner to substitution for the Board of Arbitration any information concerning previous offers of settlement made by the other party. ARTICLE MANAGEMENT GRIEVANCES A grievanceabove procedure, initiated by the Company may be referred agree in writing to appoint one Arbitrator satisfactory to both parties in which case such Arbitrator shall have the Union Grievance Committee fifteen (15) days of the occurrence of the circumstances giving rise same jurisdiction, power and authority as has been given to the grievance and Arbitration by the Union Grievance Committee shall meet foregoing terms of this Article. Any time limits referred to in Articles or within three (3) days thereafter with management. The time limit may which any procedure is required to be extended by mutual agreement. If no settlement is reached within five (5) days taken or notice required to be given, will be calculated exclusive of Saturdays, Sundays, Statutory Holidays and, for the said meetingaggrieved employee, the grievance may be referred by either party to arbitration as provided in Article at any time within thirtyappropriate Department Head or the Vice President Employee Relations, his or her days off.