Common use of ARTICLE ARBITRATION Clause in Contracts

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.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE ARBITRATION. The Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried out through all the steps of the Grievance Procedure grievance procedure outlined in Article above, and which has not been settled, will may be referred to a Board of Arbitration at the written request of either of the parties hereto. The Board of Arbitration will be composed of one person appointed by the EmployerCompany, one person appointed by the Union and a third person to act as Chair, Chairperson 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 Within five (25) working days thereafterof the request by either party for a Board of Arbitration, each party shall notify the other in writing of the name of its nominee. Should the person chosen by the Employer Company to act on the Board of Arbitration, and the person chosen by the Union Union, fail to agree on a third member as Chair Chairperson within five seven (57) days of the notification mentioned in above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial a person to act as ChairChairperson. The decision of the Board a Board. of Arbitration Arbitration, or a majority of such Board constituted thereof, or in the above or, if there is no absence of a majority, the decision of the Chair Chairperson shall be binding on the employee, the Union and the EmployerCompany. 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 far 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 expenses of the Arbitrator nominee appointed by it, ; and the parties will jointly bear the expense, if anyfees and expenses, of the ChairChairperson. i If the Company and the Union consent in writing then the aforementioned procedure relating to the constitution of a Board of Arbitration may be waived and grievances proceeding to Arbitration may in such circumstances be heard by a Single Arbitrator. The terms of Article shall apply equally to cases heard by Single Arbitrators. Section of the Ontario Labour Relations Act does not apply to this Agreement.

Appears in 1 contract

Sources: Collective Agreement

ARTICLE ARBITRATION. Should the grievance involve the alleged misinterpretation or violation of the Agreement, either party may be free to appeal to arbitration or from Step within thirty-one (3 1) days from the date the decision was given at that step. The parties shall attempt to agree on a single arbitrator from a list previously agreed to by the parties to this Agreement Agreement. If the parties agree that any on the arbitrator, the party requesting arbitration or shall then refer the grievance within said delay to the interpretation or alleged violation of this Agreement, which has been properly carried out through all the steps chosen arbitrator with a statement of the Grievance Procedure outlined in Article above, which has not been settled, will issue to be referred arbitrated upon by him. Notice of said reference and a copy of said statement shall be forwarded simultaneously to a Board of Arbitration at the request of either other party. The decision of the arbitrator shall be final and binding upon all parties heretoinvolved. The Board If the parties cannot agree on an arbitrator within fourteen (14) days the date of Arbitration the notice to arbitrate, each shall appoint, within one (1) week, one (1) nominee as its member on a board of arbitration or that will be composed decide upon the matter. Each party shall advise the other of the name and address of its nominee to the board within said delay of one person by (1) week. If the Employer, one person appointed by two (2) nominees are unable to agree upon the Union and choice of a third person member 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 chairman 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 aboveweeks, the Minister of Labour of for the Province of Ontario will shall be asked requested to nominate an impartial person to act as Chairappoint a chairman. The board shall hear the dispute and its decision of the Board of Arbitration (or a majority of such Board constituted in decision) shall be final and binding upon the above or, if parties. Where there is no majoritynot majority decision, the decision of the Chair shall be binding on the employee, the Union chairman is final and the Employerbinding. The Board arbitrator or board of Arbitration arbitration, as the case may be, shall not have any power jurisdiction to alter or change to any of the provisions of this Agreement or Agreement, nor to substitute any new provisions for any existing provisionsin lieu thereof, nor to give make any decision inconsistent with the terms and provisions of this Agreement. Each In determining any discharge or any other disciplinary grievance, the arbitrator or board of arbitration, as the parties to this Agreement will bear case may be, shall have the expense of the Arbitrator appointed by it, and the parties will jointly bear the expense, if any, of the Chair.authority to:

Appears in 1 contract

Sources: Collective Agreement