Common use of Impartial Umpire Clause in Contracts

Impartial Umpire. A. When a difference arises between the Parties relating to the interpretation, application or administration of this agreement, including any question as to whether the matter is arbitral, or where an allegation is made that this agreement has been violated, either of the Parties may, within ten (10) working days after exhausting any grievance procedure established by this agreement, notify the other Party in writing of its desire to submit the difference to an impartial umpire. The Business Manager of the Union and the Employer or their designated representatives, shall meet within forty-eight (48) hours after receipt of such notice and attempt to select by agreement an impartial umpire who shall not be a member of the Employer or of the Union. If they are unable to agree upon such an umpire within a period of twenty-four (24) hours, then the umpire shall be designated or appointed by the Minister of Labour for the Province of New Brunswick. B. The impartial umpire shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the Parties and upon any Employees affected by it. C. No person may be appointed as an impartial umpire who has been involved in an attempt to negotiate or settle the grievance, or who is a member of the Employer or the Union. D. Each of the Parties hereto shall bear one-half (1/2) of the expenses and remuneration of the impartial umpire. E. At any stage of the grievance procedure the conferring Parties may have the assistance of the Employee or Employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring Parties to have access to the job site and to view disputed operations and to confer with the necessary witnesses. F. The Parties agree that the impartial umpire set up under this Article shall not have the power to add to, delete from, change, or make any decision contrary to the provisions of this agreement, and the umpire in rendering his decision shall be governed by the provisions of this agreement and by past practices, where such have not been specifically altered or provided for in this agreement. G. The Parties agree to abide by the provisions of Article 8 - Grievance Procedure and Article 9 – Impartial Umpire, as a means of resolving any differences, which may arise during the term of this agreement. All Employees shall continue to work as usual and the Employer shall continue its normal operating practices during the resolving of such differences.