Common use of Final Settlement of Disputes Clause in Contracts

Final Settlement of Disputes. Grievances concerning the interpretation or alleged violation of this Agreement, or appeals by employees that they have been unjustly disciplined or discharged, and which are not settled at the final step of the grievance procedure may be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work. The request for arbitration must be made in writing by either party to the other within twenty-eight calendar days following the decision rendered at the final step of the grievance procedure. The party requesting arbitration shall submit with its request the names of three arbitrators. If the other party does not agree to one of the nominees so proposed. It shall within twenty-eight calendar days from receipt of such request submit to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator and that selection shall be final. A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement where it is alleged that the Collective Agreement has been misinterpreted or violated, shall be jointly submitted to the Arbitrator, in advance of the date of the hearing. In the event that the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party. At the hearing before the Arbitrator, argument may be given orally and/or in writing, and each party may call such witnesses as it deems necessary. Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the scope of this Agreement, are specifically excluded from the jurisdiction of the Arbitrator, and the decision of the Arbitrator shall not in any case add to, subtract from, modify, rescind or disregard any provision of this Agreement. The Arbitrator’s decision shall be rendered, in writing, together with the written reasons therefore, to the parties concerned within thirty calendar days following the conclusion of the hearing unless this time is extended with the concurrence of the parties to the dispute. The hearing shall be held by the Arbitrator in the Offices of the Railway at Montreal, Quebec, unless the Arbitrator deems it advisable because of special circumstances, or unless the parties to the dispute otherwise mutually agree, to hold the hearing elsewhere. Each party shall respectively bear any expenses each has incurred in the presentation of the case to the Arbitrator but any general or common expenses including the remuneration and expenses of the Arbitrator, shall be divided equally. The time limits as provided herein may be extended by mutual agreement between the parties. ARTICLE

Final Settlement of Disputes. Grievances A grievance concerning the interpretation or alleged violation of this Agreementagreement, or appeals an appeal by employees an employee that they have has been unjustly disciplined or discharged, and which are is not settled at the final step highest level of the grievance procedure procedure, may be referred by either party to the Canadian Railway Office of Arbitration t o a single arbitrator for final and binding settlement without stoppage of work. The A request for arbitration must be made in i n writing by either party to t o the other within twenty-eight calendar days following the decision rendered at the final step Step of the grievance procedureGrievance Procedure. The party requesting arbitration shall submit with its request the names of three arbitrators. If the other party does not agree to one of the nominees so proposed. It , it shall within twenty-eight calendar days from receipt of such request submit to t o the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to t o be appointed, the Minister of Labour shall be requested to select an arbitrator and that selection shall be final. A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement where it is alleged that the Collective Agreement has been misinterpreted or violated, shall be jointly submitted to the Arbitrator, in advance of the date of the hearing. In the event that the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party. At t the hearing before the Arbitratorarbitrator, argument may be given orally and/or or in writing, writing and each party may call such witnesses as it deems necessary. Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in in, or additions to t o the scope of this Agreementagreement, are specifically excluded from the jurisdiction of the Arbitrator, arbitrator and the decision of the Arbitrator shall not in any case have no power to add to, t o or subtract from, modify, rescind or disregard modify any provision of the terms of this Agreement. The Arbitrator’s decision shall be rendered, in writing, together with the written reasons therefore, to the parties concerned within thirty calendar days following the conclusion of the hearing unless this time is extended with the concurrence of the parties to the disputeagreement. The hearing shall be held by the Arbitrator arbitrator in the Offices offices of the Railway company at MontrealNorth Bay, Quebec, Ontario unless the Arbitrator arbitrator deems it advisable because of special circumstances, or unless the parties to the dispute otherwise mutually agree, to circumstances t o hold the hearing elsewhere. Each party The company and the union shall respectively bear any expenses each has incurred in the presentation of the case to the Arbitrator arbitrator, but any general or common expenses expenses, including the remuneration and expenses of the Arbitratorarbitrator, shall be divided equally. The time limits as provided herein may be extended by mutual agreement between the parties. ARTICLEagreement.

Final Settlement of Disputes. Grievances A grievance concerning the interpretation or alleged violation of this Agreementagreement, or appeals an appeal by employees an employee that they have has been unjustly disciplined discip- lined or discharged, and which are is not settled at the final step highest level of the grievance procedure procedure, may be referred by either party to the Canadian Railway Office of Arbitration a single arbitrator for final and binding settlement without stoppage of work. The A request for arbitration must be made in writing writ- ing by either party to the other within twenty-eight calendar days following the decision rendered at the final step Step of the grievance procedureGrievance Procedure. The party requesting arbitration shall submit with its request the names of three arbitrators. If the other party does not agree to one of the nominees so proposed. It , it shall within twenty-eight calendar days from receipt of such request submit to the other party a further list of three arbitrators. If the parties still cancan- not agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator and that selection shall be final. A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement where it is alleged that the Collective Agreement has been misinterpreted or violated, shall be jointly submitted to the Arbitrator, in advance of the date of the hearing. In the event that the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party. At the hearing before the Arbitrator, argument may be given orally and/or or in writing, writing and each party may call such witnesses as it deems necessary. Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications modifica- tions in or additions to the scope of this Agreementagreement, are specifically excluded from the jurisdiction of the Arbitrator, arbitrator and the decision of the Arbitrator shall not in any case have no power to add to, to or subtract from, modify, rescind or disregard modify any provision of the terms of this Agreement. The Arbitrator’s decision shall be rendered, in writing, together with the written reasons therefore, to the parties concerned within thirty calendar days following the conclusion of the hearing unless this time is extended with the concurrence of the parties to the disputeagreement. The hearing shall be held by the Arbitrator arbitrator in the Offices offices of the Railway company at MontrealNorth Bay, Quebec, Ontario unless the Arbitrator arbitrator deems it advisable because of special circumstances, or unless the parties to the dispute otherwise mutually agree, circumstances to hold the hearing elsewhereelse- where. Each party The company and the Union shall respectively respec- tively bear any expenses each has incurred in the presentation of the case to the Arbitrator arbitrator, but any general or common expenses expenses, including the remuneration and expenses remun- eration of the Arbitratorarbitrator, shall be divided equally. The time limits as provided herein may be extended by mutual agreement between the parties. ARTICLEagreement.

Final Settlement of Disputes. Grievances A grievance concerning the interpretation or alleged violation of this Agreement, or appeals an appeal by employees an employee that they have has been unjustly disciplined or discharged, and which are is not settled at the final step highest of the grievance procedure procedure, may be referred by either party to the Canadian Railway Office of Arbitration a arbitrator for final and binding settlement without stoppage of work. The A request for arbitration must be made in writing by either party to the other within twenty-eight calendar days following the decision rendered at the final step Step of the grievance procedureGrievance Procedure. The party requesting arbitration shall submit with its request the names of three arbitrators. If the other party does not agree to one of the nominees so proposed. It shall , it within twenty-eight calendar days from receipt of such request submit to the other party a further list of three arbitrators. If the parties still cannot agree upon the arbitrator to be appointed, the Minister of Labour shall be requested to select an arbitrator and that selection shall be final. A Joint Statement of Issue containing the facts of the dispute and reference to the specific provision or provisions of the Collective Agreement where it is alleged that the Collective Agreement has been misinterpreted or violated, shall be jointly submitted to the Arbitrator, in advance of the date of the hearing. In the event that the parties cannot agree upon such Joint Statement of Issue, each party shall submit a separate statement to the Arbitrator in advance of the date of the hearing and shall at the same time give a copy of such statement to the other party. At the hearing before the Arbitratorarbitrator, argument may be given orally and/or or in writing, writing and each party may call such witnesses as it deems necessary. Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in in, or additions to the scope of this Agreement, Agreement are specifically excluded from the jurisdiction of the Arbitratorarbitrator, and the decision of the Arbitrator shall not in any case have no power to add to, to or subtract from, modify, rescind or disregard modify any provision of the terms of this Agreement. The Arbitrator’s decision shall be rendered, in writing, together with the written reasons therefore, to the parties concerned within thirty calendar days following the conclusion of the hearing unless this time is extended with the concurrence of the parties to the dispute. The hearing shall be held by the Arbitrator arbitrator in the Offices offices of the Railway Company at MontrealNorth Bay, Quebec, Ontario unless the Arbitrator arbitrator deems it advisable because of special circumstances, or unless the parties to the dispute otherwise mutually agree, circumstances to hold the hearing elsewhere. Each party The Company and the Union shall respectively bear any expenses each has incurred in the presentation of the case to the Arbitrator arbitrator, but any general or common expenses expenses, including the remuneration and expenses of the Arbitratorarbitrator, shall be divided equally. The time limits as provided herein may be extended by mutual agreement between the parties. ARTICLEagreement.