Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply: 1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration. 2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i). 3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement. 4. The locations of the hearings shall be agreed to by the Parties. 5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party. 6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations. 7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time: a) A brief of pertinent documents will be jointly presented to the arbitrator. b) To the extent that authorities are permitted, they shall be presented in a joint brief. c) If possible, a statement of agreed facts will be jointly presented to the arbitrator. d) Responses to opening statements will cover any facts which are in dispute and any additional facts available. e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities. f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator. g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations. h) Arguments will be presented only to the points in issue. 8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance. 9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator. 10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievancesBy mutual agreement, the Parties parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to Expedited Arbitration any matter properly processedexpedited arbitration, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will shall apply:
1. The Parties A) Expedited arbitration dates shall determine be as mutually agreed to by mutual agreement those grievances suitable for expedited arbitrationthe parties.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (eB) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) The location of the Collective Agreement.
4. The locations of the hearings shall hearing is to be agreed to by the Partiesparties but will be at a location central to the geographic area in which the dispute arose.
5. C) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. D) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
aE) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with the Labour Relations Code.
9. F) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
H) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇ or as mutually agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitrator established under the provisions of Article 10.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will The expedited arbitrators, who shall act as sole arbitrators, shall be selected through the process outlined in Article 3.03 (e) (i)▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e3.03(d) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of or pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance. If this occurs, the costs will be shared equally by the Parties.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratorarbitrator as contemplated herein.
10. The decision of the arbitrator is to be completed and mailed to the Parties within tenten (10) working days of the hearing.
11. All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
12. The Parties shall share equally the fees and expenses of the arbitrator.
13. The arbitrator shall have the power to conclusively settle the dispute and the decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of the provision of the Collective Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievancesBy mutual agreement, the Parties parties may proceed to expedited arbitration as an alternative to the aforementioned arbitration procedure. Where the parties mutually agree to refer a matter to Expedited Arbitration any matter properly processedexpedited arbitration, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will shall apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (ea) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision location of the arbitrator hearing is to be completed and mailed agreed to by the parties, but will be a location central to the Parties geographic area in which the dispute arose.
(c) As the process is intended to be informal, only employees of the B.C. Government and Service Employees' Union or Directors/employees of Themis Program Management (or its legal bargaining agent, CSSEA) may present the grievance to the Arbitrator.
(d) The Arbitrator shall hear the grievances and shall render a decision within tentwo working days of such hearings. No written reasons for the decisions shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) All decisions of the Arbitrator are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) The parties shall equally share the costs of the fees and expenses of the Arbitrator. It is agreed that arbitration decisions made under this provision will not be appealed.
(a) The parties shall meet every four months or as often as required to review outstanding grievances filed at arbitration to determine by mutual agreement those grievances suitable for this process and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.
(b) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 20 workdays; (4) policy grievances;
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For The parties have agreed to the purpose of accelerating the resolution of applicable grievancesfollowing terms, the Parties may mutually agree conditions and process to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will applyresolve certain grievances by non-precedential expedited arbitration:
1. The Parties (a) All grievances shall determine by mutual agreement those grievances be considered suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of a provision of the agreement;
(3) grievances requiring the presentation of extrinsic evidence;
(4) dismissals;
(5) rejection on probation;
(6) grievances involving a claim of duty to accommodate;
(7) demotions, and
(8) suspensions of 20 days or greater. Despite the foregoing, by mutual agreement, a grievance falling into any of the above-listed categories may be resolved by expedited arbitration.
2. A single arbitrator will (b) The expedited arbitrator, who shall act as sole arbitrator, shall be selected through from the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration processlist as identified below, the matter or shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be a substitute mutually agreed to by the Parties.parties: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ Ready
5. As the (c) The expedited arbitration process is intended to be non-legal, unless otherwise agreed lawyers informal.
(d) Outside counsel will not be used to represent either Partyparty.
6(e) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 30 days prior to the hearing. The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate fact proposed) to the proposed agreed statement of facts and provide any reliance documents 15 days prior to the hearing. The parties shall make every effort to agree on facts not in dispute. The parties shall not make any pre-hearing applications to the Arbitrator. The parties agree that they will not make use of documents produced in an expedited arbitration for any purpose other than the arbitration itself.
(f) All presentations are to be short and concise and are to include a shall begin with comprehensive opening statement. statements, to be delivered at the commencement of the hearing, by both parties.
(g) The Parties parties agree to make limited minimize the use of legal authorities during their presentationsarguments.
7. (h) The hearings will be governed by Arbitrator shall render a decision within two working days of the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitratorarbitration hearing.
b(i) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator Arbitrator may assist the Parties in mediating parties by attempting to mediate a resolution to the grievance.
9(j) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Where mediation fails, or is not appropriate, a decision Expedited arbitration awards shall be rendered of no precedential value and shall not be referred to by the arbitratorparties in respect of any other matter other than further disciplinary action regarding the same employee.
10. (k) All settlements of expedited arbitration cases prior to hearing shall be without prejudice unless both parties expressly agree that a "With Prejudice" decision is acceptable.
(l) The decision parties shall equally share the cost of the arbitrator is to fees and expenses of the Arbitrator.
(m) There will be completed and mailed to the Parties within tenno appeal of expedited arbitration awards.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree
(a) The parties shall review outstanding grievances filed at arbitration to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances grievances, or groups of grievances, suitable for expedited arbitrationthis process.
(b) All grievances may be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions in excess of 20 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of this agreement;
(6) grievances requiring presentation of extrinsic evidence;
(7) grievances where a Party intends to raise a preliminary objection;
(8) demotions;
(9) duty to accommodate issues. A single arbitrator will By mutual agreement, a grievance falling into any of these categories may be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke placed into the expedited arbitration process, the matter .
(c) The parties shall mutually agree upon single arbitrators who shall be decided in accordance with appointed to hear and resolve groups of grievances.
(d) The Arbitrator shall hear the process set out in this Article, notwithstanding grievances and shall render a decision within two working days of such hearings. No written reasons for the provision of Article 3.03 decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) The parties will limit their use of the Collective Agreementauthorities.
4. (f) The locations of the hearings parties will not use outside counsel (this includes BCGEU internal counsel).
(g) Arbitration awards shall be agreed of no precedential value and shall not thereafter be referred to by the Partiesparties in respect of any other matter.
5. As the process is intended (h) All settlements of expedited arbitration cases prior to hearing shall be non-legal, unless otherwise agreed lawyers will not be used to represent either Partywithout prejudice.
6. All presentations are (i) A grievance may be removed from the expedited arbitration process by either Party at any time prior to be short hearing and concise and are forwarded to include a comprehensive opening statement. The Parties agree regular arbitration hearing pursuant to make limited use of authorities during their presentationsClause 76.4 (Step 3).
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e(j) The hearing will be conducted in an informal manner with limited objections by parties shall equally share the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision cost of the arbitrator is to be completed fees and mailed to expenses of the Parties within tenArbitrator and hearing rooms.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For (a) A representative of HEABC and the purpose of accelerating the resolution of applicable grievancesUnion's designate, the Parties may mutually agree shall meet each month, or as often as is required, to refer review outstanding grievances to Expedited Arbitration any matter properly processeddetermine, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement agreement, those grievances suitable for expedited arbitration.
2. A single arbitrator In addition, the parties will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree meet quarterly to invoke review the expedited arbitration process, the matter process and scheduling of hearing dates.
(b) Those grievances agreed to be suitable for expedited arbitration shall be decided in accordance with scheduled to be heard on the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4next available expedited arbitration date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. (c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
(d) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers outside legal counsel will not be used to represent either Partyparty.
6. (e) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance.
9. (g) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. (h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
(i) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(j) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(l) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ Ready, and ▇▇▇ ▇▇▇▇▇▇.
(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8.
(n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 2 contracts
Sources: Provincial Agreement, Provincial Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually (a) The parties generally agree to refer to Expedited Arbitration expedited arbitration any matter properly processedoutstanding grievances considered suitable for this process, as a grievance, in accordance with the provisions and shall set dates and locations for hearings of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those groups of grievances considered suitable for expedited arbitration.
(b) All grievances shall be considered suitable for, and resolvable by, expedited arbitration except grievances in the nature of:
(1) grievances requiring substantial interpretation of a provision of the Agreement;
(2) grievances requiring presentation of extrinsic evidence. A single arbitrator will By mutual agreement a grievance falling into any of these categories may be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke placed into the expedited arbitration process, the matter .
(c) The Arbitrator shall be decided selected in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: • All presentations are to shall be short and concise and are to include a concise. • A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make • There will be a limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between • Where possible the parties at any time:
a) A brief will develop an agreed statement of pertinent facts. • All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . • The hearing will be conducted in an informal manner with limited objections by manner. • The parties may mutually agree to have the Parties and without concern for procedural irregularitiesArbitrator mediate the issues.
f(d) Hearsay The Arbitrator shall hear the grievances and extrinsic evidence will be allowed to be entered without objection and given shall render a decision within two workdays of such hearings. No written reasons for the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Expedited arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the arbitrator categories listed in (b) above may be removed from the expedited arbitration process at anytime prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 10.3.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms.
(i) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, an individual from those listed in Clause 10.2 above will be completed and mailed to the Parties within tenappointed.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For (a) A representative of HEABC and the purpose of accelerating the resolution of applicable grievancesUnion's designate, the Parties may mutually agree shall meet each month, or as often as is required, to refer review outstanding grievances to Expedited Arbitration any matter properly processeddetermine, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement agreement, those grievances suitable for expedited arbitration.
2. A single arbitrator In addition, the parties will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree meet quarterly to invoke review the expedited arbitration process, the matter process and scheduling of hearing dates.
(b) Those grievances agreed to be suitable for expedited arbitration shall be decided in accordance with scheduled to be heard on the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4next available expedited arbitration date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. (c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
(d) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers outside legal counsel will not be used to represent either Partyparty.
6. (e) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance.
9. (g) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. (h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
(i) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(j) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(l) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇▇.
(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8.
(n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 2 contracts
Sources: Provincial Agreement, Provincial Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within tenten working days of the hearing.
11. All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
12. The Parties shall share equally the fees and expenses of the arbitrator.
13. The arbitrator shall have the power to conclusively settle the dispute and the decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of the provision of the Collective Agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree A) Those grievances agreed to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances be suitable for expedited arbitration.
2. A single arbitrator will arbitration shall be selected through scheduled to be heard on the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the next available expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. D) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
aE) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
9. F) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
H) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 10.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Expedited Arbitration. For
(a) Whenever possible, it is the purpose intent of accelerating the resolution of applicable grievances, the Parties may mutually agree both parties not to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreementuse outside legal counsel. The following procedure parties further agree the expedited arbitration process is intended to resolve grievances in as timely a manner as possible.
(b) The parties will apply:
1. The Parties shall determine by mutual agreement those meet as often as necessary mutually to agree on the grievances suitable that are appropriate for expedited arbitration.. All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspension in excess of twenty (20) workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the collective agreement;
(6) grievances relating to Hours of Work;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) demotions; and
(10) classification appeal under the Gender Neutral Job Evaluation Plan. A single arbitrator will By mutual agreement, a grievance falling into any of these categories may be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke placed into the expedited arbitration process, the matter .
(c) The parties shall mutually agree upon single arbitrators who shall be decided in accordance with appointed to hear and resolve grievances.
(d) The Arbitrator shall hear the process set out in this Article, notwithstanding grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the provision of Article 3.03 decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) of the Collective Agreement.
4. The locations of the hearings Expedited arbitration awards shall be agreed of no precedential value and shall not thereafter be referred to by the Partiesparties in respect of any other matter.
5. As the process is intended (f) All settlements of expedited arbitration cases prior to hearing shall be non-legal, unless otherwise agreed lawyers will not be used to represent either Partywithout prejudice.
6. All presentations are (g) A grievance determined by either party to fall within one of the categories listed in b) above, may be short removed from the expedited arbitration process at any time prior to hearing and concise forwarded to a regular arbitration hearing pursuant to Article 13.13 as appropriate.
(h) The parties shall equally share the cost of the fees and are to include a comprehensive opening statement. expenses of the Arbitrator and hearing rooms.
(i) The Parties parties agree to make limited notify each other of their intent to use of authorities during their presentationsa lawyer within a reasonable time frame prior to the hearing date.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permittedARTICLE 14 - JOB SECURITY, they shall be presented in a joint brief.
c) If possibleSENIORITY, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decisionLAYOFF, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within tenAND BUMPING
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) If the purpose parties cannot reach agreement on a settlement and if the grievance is not in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution Agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence; by mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: All presentations are to shall be short and concise and are to include a concise. A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between Where possible the parties at any time:
a) A brief will develop an agreed statement of pertinent facts. All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . The hearing will be conducted in an informal manner with limited objections by manner. The parties may mutually agree to have the Parties and without concern for procedural irregularitiesArbitrator mediate the issues.
(c) Decisions will be:
(1) rendered verbally to the parties within three workdays of the hearing;
(2) confirmed in writing within two calendar weeks of the hearing;
(3) the written decision shall set forth a brief explanation of the facts and the terms of the agreement/law relied upon for the decision;
(4) without precedent or prejudice to future proceedings;
(5) binding to both parties;
(6) consistent with the terms of the Agreement.
(d) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to the hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(e) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms.
(f) Hearsay The parties shall contact the LRB Mediation Division and extrinsic evidence request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within 28 days, an individual from the following list will be allowed appointed. ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ Ready.
(g) If the named arbitrators are not available when required, an alternate arbitrator may be appointed by agreement of the parties.
(h) The parties will agree to location of hearings and, wherever possible, they will be held at the city nearest to where the grievance arose.
(i) A grievance shall be presented by a designated representative of the Union and a designated representative of the Employer who will not be an outside lawyer, except for hearings where the union representative is a lawyer, in which case the Employer reserves the right of legal representation.
(j) By January 15th of each year, the parties will reserve a period of two workdays (or more if required), biannually in March and September, for hearings to address all outstanding grievances. Representatives of the parties will meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) Whenever possible, it is the purpose intent of accelerating the resolution of applicable grievances, the both Parties may mutually agree not to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1use outside legal counsel. The Parties shall determine by mutual agreement those further agree the expedited arbitration process is intended to resolve grievances suitable in as timely a manner as possible.
(b) The Parties will meet as often as necessary mutually to agree on the grievances that are appropriate for expedited arbitration.. All grievances shall be considered suitable for and resolvable by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspension in excess of twenty (20) work days;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to Hours of Work;
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a Party intends to raise a preliminary objection;
(9) demotions; and
(10) classification appeal under the Gender Neutral Job Evaluation Plan. A single arbitrator will By mutual agreement, a grievance falling into any of these categories may be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke placed into the expedited arbitration process, the matter .
(c) The Parties shall mutually agree upon single arbitrators who shall be decided in accordance with appointed to hear and resolve grievances.
(d) The arbitrator shall hear the process set out in this Article, notwithstanding grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the provision of Article 3.03 decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(e) of the Collective Agreement.
4. The locations of the hearings Expedited arbitration awards shall be agreed of no precedential value and shall not thereafter be referred to by the PartiesParties in respect of any other matter.
5. As the process is intended (f) All settlements of expedited arbitration cases prior to hearing shall be non-legal, unless otherwise agreed lawyers will not be used to represent either Partywithout prejudice.
6. All presentations are (g) A grievance determined by either Party to fall within one of the categories listed in b) above, may be short removed from the expedited arbitration process at any time prior to hearing and concise forwarded to a regular arbitration hearing pursuant to Article 13.13 as appropriate.
(h) The Parties shall equally share the cost of the fees and are to include a comprehensive opening statement. expenses of the arbitrator and hearing rooms.
(i) The Parties agree to make limited notify each other of their intent to use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented a lawyer within a reasonable time frame prior to the arbitratorhearing date.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances By mutual agreement, the Parties parties may proceed to expedited arbitration as an alternative to the arbitration procedure. All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(a) dismissals;
(b) rejection on probation;
(c) suspensions in excess of 10 workdays;
(d) policy grievances;
(e) grievances requiring substantial interpretation of a provision of the collective agreement;
(f) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(g) grievances requiring presentation of extrinsic evidence;
(h) grievances where a party intends to raise a preliminary objection;
(i) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(j) grievances arising from duty to accommodate. By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration. Where the parties mutually agree to refer a matter to Expedited Arbitration any matter properly processedexpedited arbitration, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will shall apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (ea) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.;
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
(b) To The location of the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with Kelowna or ▇▇▇▇▇▇, whichever is most appropriate;
(c) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decisions shall be provided beyond that which the Arbitrator deems appropriate to convey a decisions;
(d) All decisions of the Arbitrator are to be limited objections in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by the Parties and either party in any subsequent proceeding;
(e) All settlements of expedited arbitration cases prior to hearing shall be without concern for procedural irregularities.prejudice;
(f) Hearsay The parties shall equally share the costs of the fees and extrinsic evidence will be allowed to be entered without objection and given expenses of the appropriate weight by the arbitrator.Arbitrator;
(g) Witnesses The expedited arbitrator, who shall act as the sole arbitrator shall be: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Ready ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ It is agreed that arbitration decisions made under this provision will only not be used to enter evidence relative to facts in dispute or for expert explanationsappealed.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this AgreementSection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: All presentations are to shall be short and concise and are to include a concise. A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between Where possible the parties at any time:
a) A brief will develop an Agreed Statement of pertinent Facts. All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . The hearing will be conducted in an informal manner with limited objections by manner. The parties may mutually agree to have the Parties Arbitrator mediate the issues. All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and extrinsic evidence September, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two workdays of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the Labour Relations Board Mediation Division and request the services of a mediator to act in the capacity of an arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator is to within the times specified in (c) above, an individual from the following list will be completed and mailed to the Parties within tenappointed. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For
(a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution Agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this Agreementsection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: • All presentations are to shall be short and concise and are to include a concise. • A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make • There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between • Where possible the parties at any time:
a) A brief will develop an Agreed Statement of pertinent Facts. • All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . • The hearing will be conducted in an informal manner with limited objections by manner. • The parties may mutually agree to have the Parties Arbitrator mediate the issues. • All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and extrinsic evidence September, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two workdays of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee/s.
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the Labour Relations Board Mediation Division and request the services of a mediator to act in the capacity of an arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator is to within the times specified in (c) above, an individual from the following list will be completed and mailed to the Parties within tenappointed. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will The expedited arbitrators, who shall act as sole arbitrators, shall be selected through the process outlined in Article 3.03 (e) (i)▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e3.03(d) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of or pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will The expedited arbitrators, who shall act as sole arbitrators, shall be selected through the process outlined in Article 3.03 (e) (i)▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (eSubsection 3.03(d) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed agreed, lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of or pertinent documents document will be jointly presented to the arbitratorthearbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularitiesproceduralirregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitratorthearbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance. If this occurs, the costs will be borne in accordance with Section 103 of the Labour Relations Code.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratorarbitrator as contemplated herein.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree
(a) The parties shall meet as often as required to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall review outstanding grievances and determine by mutual agreement those grievances suitable for this process, and shall set dates and locations for hearing of grievances considered suitable for expedited arbitration.
(b) Grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(1) dismissals;
(2) suspensions in excess of five (5) workdays;
(3) policy grievances;
(4) grievances requiring substantial interpretation of a provision of the collective agreement;
(5) grievances requiring presentation of extrinsic evidence;
(6) grievances where a party intends to raise a preliminary objection; and
(7) grievances arising from the duty to accommodate. A single arbitrator will By mutual agreement, a grievance falling into any of these categories may be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke placed into the expedited arbitration process, the matter .
(c) The parties shall mutually agree upon single arbitrators who shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreementappointed to hear and resolve grievances.
4. The locations of the hearings shall be agreed to by the Parties.
5. (d) As the process is intended to be non-legalexpedited, unless otherwise agreed lawyers will shall not be used retained to represent either Partyparty.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c(e) If possible, a an agreed statement of agreed facts will be jointly presented provided to the arbitratorArbitrator in advance of the Arbitration.
d(f) Responses The Arbitrator shall hear the grievances and shall render a decision within two (2) working days of such hearings. No written reasons for the decisions shall be provided beyond that which the Arbitrator deems appropriate to opening statements will cover any facts which are in dispute and any additional facts availableconvey a decision.
e(g) Expedited arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(h) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(i) A grievance determined by either party to fall within one of the categories listed in (b) above, may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 11.2
(j) The hearing will be conducted in an informal manner with limited objections by parties shall equally share the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision cost of the arbitrator is to be completed fees and mailed to expenses of the Parties within tenArbitrator and hearing rooms.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For
(a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this AgreementSection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: • All presentations are to shall be short and concise and are to include a concise. • A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make • There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between • Where possible the parties at any time:
a) A brief will develop an Agreed Statement of pertinent Facts. • All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . • The hearing will be conducted in an informal manner with limited objections by manner. • The parties may mutually agree to have the Parties Arbitrator mediate the issues. • All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of two workdays (or more if required) bi-annually, in March and extrinsic evidence September, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two workdays of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the categories listed in (a) above may be removed from the expedited arbitration process at any time prior to hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the Labour Relations Board Mediation Division and request the services of a mediator to act in the capacity of an arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator is to within the times specified in (c) above, an individual from the following list will be completed and mailed to the Parties within tenappointed. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For The parties have agreed to the purpose following terms, conditions and process to resolve certain grievances by non-precedential expedited arbitration:
(a) All grievances shall be considered suitable for expedited arbitration, except grievances in the nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions provision of the grievance procedure contained in this Agreementagreement;
(3) grievances requiring the presentation of extrinsic evidence;
(4) dismissals;
(5) rejection on probation;
(6) grievances involving a claim of duty to accommodate;
(7) demotions; and
(8) suspensions of 20 days or greater. The following procedure will apply:
1. The Parties shall determine Despite the foregoing, by mutual agreement those agreement, a grievance falling into any of the above-listed categories may be resolved by expedited arbitration.
(b) The expedited Arbitrator, who shall act as sole arbitrator, shall be mutually agreed to by the parties.
(c) The parties may schedule a minimum of two consecutive working days for hearings to resolve grievances that are suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (ed) (i).
3. If the Parties agree to invoke the The expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers informal.
(e) Outside counsel will not be used to represent either Partyparty.
6(f) The party initiating the grievance shall in every case prepare a proposed agreed statement of facts which must be delivered to the other side, in addition to any reliance documents, 30 days prior to the hearing. The other side must provide a substantial response (the reasons for not agreeing with a proposed fact must be stated and, if applicable an alternate proposed fact proposed) to the proposed agreed statement of facts and provide any reliance documents 15 days prior to the hearing. The parties shall make every effort to agree on facts not in dispute.
(g) The parties shall not make any pre-hearing preliminary objection applications to the Arbitrator.
(h) The parties agree that they will not make use of documents produced in an expedited arbitration for any purpose other than the arbitration itself.
(i) All presentations are to be short and concise and are to include a shall begin with comprehensive opening statement. statements, to be delivered at the commencement of the hearing, by both parties.
(j) The Parties parties agree to make limited minimize the use of legal authorities during their presentationsarguments.
7. (k) The hearings will be governed by Arbitrator shall render a decision within two working days of the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitratorarbitration hearing.
b(l) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator Arbitrator may assist the Parties in mediating parties by attempting to mediate a resolution to the grievance.
9(m) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Where mediation fails, or is not appropriate, a decision Expedited arbitration awards shall be rendered of no precedential value and shall not be referred to by the arbitratorparties in respect of any other matter other than further disciplinary action regarding the same employee.
10. (n) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(o) The decision parties shall equally share the cost of the arbitrator is to fees and expenses of the Arbitrator.
(p) There will be completed and mailed to the Parties within tenno appeal of expedited arbitration awards.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) The Union and the purpose Employer shall meet at the request of accelerating either party to review the resolution expedited arbitration process and issues suitable for expedited arbitration.
(b) The employer designate and the union designate shall meet at the request of applicable grievances, the Parties may mutually agree either party to refer review outstanding grievances to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2(c) Those grievances agreed to be suitable for expedited arbitration shall be scheduled to be heard on the next available date. A single arbitrator The hearing dates shall be mutually agreed and will be selected through at a location central to the process outlined geographic area in Article 3.03 (e) (i)which the dispute arose.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (ed) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be informal and non-legal, unless otherwise agreed outside lawyers will not be used to represent either Partyparty.
6. (e) The parties shall make every effort to make use of an agreed to statement of facts.
(f) All presentations are to be short and concise and are to include a comprehensive opening statement. .
(g) The Parties parties agree to make limited use of authorities during their presentations.
7(h) The Arbitrator shall hear the grievances and shall render a decision within two (2) workdays of such hearings. The hearings will No written reasons for the decision shall be governed by provided beyond that which the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented Arbitrator deems appropriate to the arbitratorconvey a decision.
b(i) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator Arbitrator may assist the Parties parties in mediating a resolution to the grievance.
9(j) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Where mediation failsArbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter.
(k) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(l) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(m) The expedited Arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified in Appendix 2, or shall be a substitute mutually agreed to by the parties.
(n) It is not appropriate, the intention of either party to appeal a decision shall be rendered by the arbitratorof an expedited arbitration.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree a) Those grievances agreed to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances be suitable for expedited arbitration.
2. A single arbitrator will arbitration shall be selected through scheduled to be heard on the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the next available expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. b) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
c) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. d) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
9. f) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. g) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
h) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
i) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
j) The parties shall equally share the costs of the fees and expenses of the arbitrator.
k) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or any other as agreed to by the parties.
l) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 15.
m) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will The expedited arbitrators, who shall act as sole arbitrators, shall be selected through the process outlined in Article 3.03 (e) (i)▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (ed) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratorarbitrator as contemplated herein.
10. The decision of the arbitrator is to be completed and mailed to the Parties within tenten (10) working days of the hearing.
11. All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
12. The Parties shall share equally the fees and expenses of the arbitrator.
13. The arbitrator shall have the power to conclusively settle the dispute and the decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of the provision of the Collective Agreement.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree A) Those grievances agreed to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances be suitable for expedited arbitration.
2. A single arbitrator will arbitration shall be selected through scheduled to be heard on the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the next available expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. D) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
aE) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
9. F) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
H) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, or ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 10.01.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For
(a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this AgreementSection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: • All presentations are to shall be short and concise and are to include a concise. • A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make • There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between • Where possible the parties at any time:
a) A brief will develop an agreed statement of pertinent facts. • All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . • The hearing will be conducted in an informal manner with limited objections by manner. • The parties may mutually agree to have the Parties Arbitrator mediate the issues. • All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of two (2) working days (or more if required) biannually March and extrinsic evidence September, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two (2) weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two (2) working days of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the arbitrator is to categories listed in (a) above may be completed and mailed removed from the expedited arbitration process at any time prior to the Parties hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within tenthe times specified in (c) above, an individual from the following list will be appointed: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) All grievances shall be considered suitable for and resolved by expedited arbitration, except grievances in the purpose nature of:
(1) dismissals;
(2) rejection on probation;
(3) suspensions of accelerating the resolution 20 days or greater;
(4) policy grievances;
(5) grievances requiring substantial interpretation of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions provision of the grievance procedure contained in this Agreement. The following procedure will apply:agreement;
1. The Parties shall determine (6) grievances requiring the presentation of extrinsic evidence; and
(7) grievances where a party intends to raise a preliminary objection.
(8) Despite the foregoing, by mutual agreement those grievances suitable for agreement, a grievance falling into any of the above listed categories may be resolved by expedited arbitration.
2. A single arbitrator will (b) The expedited Arbitrator, who shall act as sole arbitrator, shall be selected through from the process outlined in Article 3.03 list below:
(e1) ▇▇▇▇ ▇▇▇▇▇
(i)2) ▇▇▇▇ ▇▇▇▇▇▇
(3) ▇▇▇▇▇ ▇▇▇▇▇▇▇ The parties may also mutually agree to a different expedited arbitrator.
3. If the Parties agree (c) The parties shall make every effort to invoke the make use of an agreed to statement of facts.
(d) The expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Partyinformal.
6. (e) All presentations are to be short and concise and shall are to include a comprehensive opening statement. , to be delivered at the commencement of the hearing, by both parties.
(f) The Parties parties agree to make limited minimize the use of witnesses and legal authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities opening statements, unless there are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to key facts in dispute or for expert explanationscase law directly on point.
h(g) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator Arbitrator may assist the Parties in mediating parties by attempting to mediate a resolution to the grievance.
9. Where mediation fails, or is not appropriate, (h) The Arbitrator will render a decision within ten working days of the hearing concluding. No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(i) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Expedited arbitration awards shall be rendered of no precedential value and shall not be referred to by the arbitratorparties in respect of any other matter other than further disciplinary action regarding the same employee. The expedited arbitrators will be advised of this article and to include these statements at the beginning of their decisions.
10. (j) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(k) The decision parties shall equally share the cost of the arbitrator is to fees and expenses of the Arbitrator.
(l) There will be completed and mailed to the Parties within tenno appeal of expedited arbitration awards.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree A) Those grievances agreed to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances be suitable for expedited arbitration.
2. A single arbitrator will arbitration shall be selected through scheduled to be heard on the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the next available expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. B) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
C) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. D) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
aE) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code.
9. F) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. G) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
H) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
I) All settlement of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
J) The parties shall equally share the costs of the fees and expenses of the arbitrator.
K) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, or ▇▇▇▇ ▇▇▇▇▇▇, or any other as agreed to by the parties.
L) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8, excepting Article 8.15.
M) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For
(a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution Agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this Agreementsection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: ➢ All presentations are to shall be short and concise and are to include a concise. ➢ A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make ➢ There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between ➢ Where possible the parties at any time:
a) A brief will develop an agreed statement of pertinent facts. ➢ All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . ➢ The hearing will be conducted in an informal manner with limited objections by manner. ➢ The parties may mutually agree to have the Parties Arbitrator mediate the issues. ➢ All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of one working days (or more if required) tri-annually February, June and extrinsic evidence October, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two working days of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the arbitrator is to categories listed in (a) above may be completed and mailed removed from the expedited arbitration process at any time prior to the Parties hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within tenthe times specified in (c) above, an individual from the following list will be appointed: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. (i) The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (eii) The expedited arbitrator, who shall act as sole arbitrator, shall be:
(i).
3. iii) If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision provisions of Article 3.03 article three (e3) of in the Collective Agreement.
4. (iv) The locations of the hearings shall be agreed to by the Parties.
5. (v) As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Partyparty.
6. (vi) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. (vii) The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint the brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
(e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
(g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
(h) Arguments will be presented only to the points in at issue.
8. (viii) Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance. If this occurs, the costs will be borne in accordance with Section 103 of the Labour Relations Code.
9. (ix) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratorarbitrator as contemplated herein.
10. (x) The decision of the arbitrator is to be completed and mailed to the Parties within tenten (10) working days of the hearing.
(xi) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice, unless otherwise agreed. No written reasons for the decision shall be provided beyond that which the arbitrator deems appropriate to convey a decision.
(xii) The Parties shall share equally the fees and expenses of the arbitrator.
(xiii) The arbitrator shall have the power to conclusively settle the dispute and the decision shall be binding on both Parties. The arbitrator shall not have the power to change, alter, modify or amend any of the provisions of the Collective Agreement.
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For (a) A representative of HEABC and the purpose of accelerating the resolution of applicable grievancesUnion’s designate, the Parties may mutually agree shall meet each month, or as often as is required, to refer review outstanding grievances to Expedited Arbitration any matter properly processeddetermine, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. The Parties shall determine by mutual agreement agreement, those grievances suitable for expedited arbitration.
2. A single arbitrator In addition, the parties will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree meet quarterly to invoke review the expedited arbitration process, the matter process and scheduling of hearing dates.
(b) Those grievances agreed to be suitable for expedited arbitration shall be decided in accordance with scheduled to be heard on the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4next available expedited arbitration date. The locations of the hearings Expedited arbitration dates shall be agreed to by the Partiesparties and shall be scheduled monthly, or as otherwise mutually agreed to by the parties.
5. (c) The location of the hearing is to be agreed to by the parties but will be at a location central to the geographic area in which the dispute arose.
(d) As the process is intended to be non-legalinformal, unless otherwise agreed lawyers outside legal counsel will not be used to represent either Partyparty.
6. (e) All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
(f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties parties in mediating a resolution to the grievance.
9. (g) Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitratoras contemplated herein.
10. (h) The decision of the arbitrator is to be completed on the agreed to form and mailed to the Parties parties within tenthree (3) working days of the hearing.
(i) All decisions of the arbitrators are to be limited in application to that particular dispute and are without prejudice. These decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.
(j) All settlements of proposed expedited arbitration cases made prior to hearing shall be without prejudice.
(k) The parties shall equally share the costs of the fees and expenses of the arbitrator.
(l) The expedited arbitrators, who shall act as sole arbitrators, shall be ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, and ▇▇▇ ▇▇▇▇▇▇.
(m) The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions of Article 8.
(n) It is understood that it is not the intention of either party to appeal a decision of an expedited arbitration.
Appears in 1 contract
Sources: Provincial Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. Arbitrators will be chosen in rotation and will indicate acceptance and availability on dates chosen by the Parties. In the event an arbitrator is unable to act on such dates, the arbitrator will advise the Parties and they will contact the next arbitrator on the list. The following procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will The expedited arbitrators, who shall act as sole arbitrators, shall be selected through the process outlined in Article 3.03 (e) (i)▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, and ▇▇▇▇ ▇▇▇▇.
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e3.03(d) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
(a) A brief of or pertinent documents will be jointly presented to the arbitrator.
(b) To the extent that authorities are permitted, they shall be presented in a joint brief.
(c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
(d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
Expedited Arbitration. For (a) All grievances shall be considered as suitable for expedited arbitration, except grievances in the purpose nature of:
(1) policy grievances;
(2) grievances requiring substantial interpretation of accelerating a provision of the resolution Agreement;
(3) grievances requiring presentation of applicable grievancesextrinsic evidence. By mutual agreement, a grievance falling into any of these categories may be placed into the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, expedited arbitration process.
(b) The Arbitrator shall be selected in accordance with the provisions of the grievance procedure contained outlined in this Agreementsection (j) below. The following arbitration procedure will apply:
1. The Parties shall determine by mutual agreement those grievances suitable for expedited arbitration.
2. A single arbitrator will be selected through the process outlined in Article 3.03 (e) (i).
3. If the Parties agree to invoke the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. following: ➢ All presentations are to shall be short and concise and are to include a concise. ➢ A comprehensive opening statementstatement shall be made by both parties. The Parties agree to make ➢ There will be limited use of authorities during their presentations.
7authorities. The hearings will be governed by the following guidelines which can be amended by agreement between ➢ Where possible the parties at any time:
a) A brief will develop an agreed statement of pertinent facts. ➢ All documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If submitted wherever possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) . ➢ The hearing will be conducted in an informal manner with limited objections by manner. ➢ The parties may mutually agree to have the Parties Arbitrator mediate the issues. ➢ All presentations will be informal, and without concern for procedural irregularitieslawyers not to be used, including staff lawyers.
f(c) Hearsay By January 15th of each year, the parties will reserve a period of one working days (or more if required) tri-annually February, June and extrinsic evidence October, for hearings to address all outstanding grievances. Representatives of the parties will be allowed meet at least two weeks prior to the reserved dates to finalize an agenda of grievances to be entered without objection and given the appropriate weight by the arbitratorheard.
g(d) Witnesses will only be used to enter evidence relative to facts in dispute or The Arbitrator shall hear the grievances and shall render a binding decision within two working days of such hearings. No written reasons for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered provided beyond that which the Arbitrator deems appropriate to convey a decision.
(e) Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the arbitratorparties in respect of any other matter.
10. The decision (f) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(g) A grievance determined by either party to fall within one of the arbitrator is to categories listed in (a) above may be completed and mailed removed from the expedited arbitration process at any time prior to the Parties hearing and forwarded to a regular arbitration hearing pursuant to Clause 9.2.
(h) The parties shall equally share the cost of the fees and expenses of the Arbitrator and hearing rooms. In the event that either party delays cancellation pursuant to (f) above, such that a cancellation fee is charged by the Arbitrator or by the facility in which the hearing is booked, the party cancelling shall be fully responsible for such fee(s).
(i) The parties agree that the hearings will be conducted locally.
(j) The parties shall contact the LRB Mediation Division and request the services of a mediator to act in the capacity of arbitrator. Where a mediator is not available through the Mediation Division to act in the capacity of an arbitrator, within tenthe times specified in (c) above, an individual from the following list will be appointed: ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇
Appears in 1 contract
Sources: Collective Agreement
Expedited Arbitration. For the purpose of accelerating the resolution of applicable grievances, the Parties may mutually agree to refer to Expedited Arbitration any matter properly processed, as a grievance, in accordance with the provisions of the grievance procedure contained in this Agreement. The following procedure will apply:
1. (a) The Parties shall meet every two (2) months to review any outstanding grievance(s) filed in order to determine by mutual agreement those grievance(s) suitable for this process, and shall set a date not more than two (2) months in advance to hear the grievance or grievances considered suitable for expedited arbitration.
(b) The Parties shall mutually agree upon single arbitrators who shall be appointed to hear and resolve grievances.
(c) The arbitrator shall hear the grievances and shall render a decision within two (2) working days of such hearings. A single Only reasons that the arbitrator deems appropriate to convey a decision will be selected through written.
(d) Expedited arbitration awards shall be of no precedential value and shall not thereafter be referred to by the process outlined Parties in Article 3.03 respect of any other matter.
(e) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(f) Either Party may remove a grievance from the expedited arbitration process at any time prior to hearing and forward it to a regular arbitration hearing pursuant to Clause 7.2. Every effort will be made by either Party to provide at least two (2) weeks notice to remove such grievance. The Party removing such a grievance will provide the other Party the reason(s) for removal.
(g) The Parties shall equally share the cost of the fees and expenses of the arbitrator and hearing rooms.
(h) No later than four (4) weeks prior to a scheduled expedited hearing, counsel for the Parties shall meet in an attempt to resolve the matter.
(i)) Following the meeting in (h) above and one (1) week prior to the hearing, if there is no resolution the Parties will prepare a Statement of Agreed Facts for presentation at the hearing. They will identify the names of all witnesses that they intend to call and will advise the other Party of the purpose for which that witness is being called. They will also identify any preliminary issues that they intend to raise with the arbitrator and the remedy being sought.
3. If (j) The Parties shall make every reasonable attempt to minimize the Parties agree to invoke use of witnesses in the expedited arbitration process, the matter shall be decided in accordance with the process set out in this Article, notwithstanding the provision of Article 3.03 (e) of the Collective Agreement.
4. The locations of the hearings shall be agreed to by the Parties.
5. As the process is intended to be non-legal, unless otherwise agreed lawyers will not be used to represent either Party.
6. All presentations are to be short and concise and are to include a comprehensive opening statement. The Parties agree to make limited use of authorities during their presentations.
7. The hearings will be governed by the following guidelines which can be amended by agreement between the parties at any time:
a) A brief of pertinent documents will be jointly presented to the arbitrator.
b) To the extent that authorities are permitted, they shall be presented in a joint brief.
c) If possible, a statement of agreed facts will be jointly presented to the arbitrator.
d) Responses to opening statements will cover any facts which are in dispute and any additional facts available.
e) The hearing will be conducted in an informal manner with limited objections by the Parties and without concern for procedural irregularities.
f) Hearsay and extrinsic evidence will be allowed to be entered without objection and given the appropriate weight by the arbitrator.
g) Witnesses will only be used to enter evidence relative to facts in dispute or for expert explanations.
h) Arguments will be presented only to the points in issue.
8. Prior to rendering a decision, the arbitrator may assist the Parties in mediating a resolution to the grievance.
9. Where mediation fails, or is not appropriate, a decision shall be rendered by the arbitrator.
10. The decision of the arbitrator is to be completed and mailed to the Parties within ten
Appears in 1 contract
Sources: Collective Agreement