Common use of ARTICLE ARBITRATION Clause in Contracts

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. 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 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 of the Board within a period of fourteen (14)calendar 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 be submitted to arbitration which has not been carried through all requisite steps of the grievance procedure. The Board or of Arbitration shall not have any power to amend, alter, modify, modify or add to any or 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. The proceedings of the Arbitration Board will he be expedited by the parties hereto and the decision of the majority, 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, 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, mandatory and failure to comply strictly with such time limits, limits except by the written agreement Agreement of the parties, parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of the The Labour Relations Act.

ARTICLE ARBITRATION. If In any case in which Arbitration shall be required under this Agreement, the Hospital or party initi- ating the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it Arbitration shall make such in writing addressed to 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. 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 at binding upon the same time name a nominee. Within seven (7) calendar days thereafter parties concerned, but in no case shall the other party shall name a nominee provided, however, that if such party fails Arbitrator be authorized 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, modify or add to amend 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 part of this Agreement. The proceedings expenses of the Arbitration Board will he expedited Arbitrator shall be borne in equal shares by the parties hereto Company and the decision 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 majorityother party, and where there is no majority, to present argu- ment orally and/or in writing. When written arguments are submitted each party may reply once to the decision argument of the Chairman will other party. Where any written argument or brief is filed by a party with the Arbitrator, a copy shall at the same time 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 sent to the provisions of Section of the Labour Relations Actother party.

ARTICLE ARBITRATION. If the Hospital or the Union When either party requests that a grievance be submitted to arbitration, as hereinbefore provided, provided under Article it shall make such request, in writing writing, addressed to the other party to this Agreement, and at such request shall include the same time name a nomineeof its Nominee. Within seven (7) calendar days thereafter the The other party shall name nominate a nominee Representative provided, however, that if such other party fails to name a nominee nominatea Representative as herein required, and unless the Office of Arbitration of time has been extended by mutual agreement betweenthe two parties, the Ministry Minister of Labour of for the Province of Provinceof Ontario shall have power to effect such appointment upon application thereto by the party invoking the arbitration procedureeither party. The two nominees shall attempt to select select, by agreement agreement, a Chairman of the Arbitration Board. If they are unable to agree upon such a Chairman within a period of fourteen seven (14)calendar days7) full Representative, they shall or either of them may then request the Office of Labour Management Arbitration of the Ministry of Labour of Commission for the Province of Ontario to appoint a Chairman. No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievance. , No matter may he be submitted to arbitration which Arbitrationwhich has not been carried through all requisite steps proper 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 concernedGrievance Procedure. Each of the parties hereto will shall bear the expenses of the Nominee appointed on their behalf, and the parties hereto shall jointly bear the expense of the nominee appointed 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 it, written agreement between the Company and the parties will share equally the fees and expenses, if any, Union. The decision of the Chairman of the Arbitration Board shall be the decision of the Board. The time limits set out in both the grievance and arbitration procedures herein are mandatory, and failure shall be final and binding on the Company, the Union, and the affected provided, Arbitration have the power to comply strictly change this agreement or to alter, modify or amend any of its provisions, nor to make any decision in conflict 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 this Agreement. In determining any discharge, the Board of Arbitration shall have the Labour Relations Act.authority to: