Interest Arbitration. 17.01 In the event that either party elects to modify or amend this Agreement and gives notice to bargain in accordance with the Agreement, the parties agree that they may at any time after a thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of Section 40 of the Labour Relations Act. Each party shall, within ten (10) days after such a mutual agreement is effected, advise the other of the name of its appointee to the Arbitration Board. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between the parties to arbitration as contemplated by Section 40, notwithstanding the expiry of this Collective Agreement.
17.02 The two (2) appointees so selected shall appoint within five (5) days of the appointment of the latter appointee a third (3rd) who shall be Chairperson. If either party fails to appoint an appointee or if the two (2) appointees fail to agree upon a Chairperson, the appointment shall be made in either event by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the matter and shall issue a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision of the majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern.
17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any.
17.04 If a person ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise before it has completed its work, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the provisions of this Article within five (5) days of his/her withdrawing.
17.05 The Board of Arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the Board necessary to be decided in order to conclude a Collective Agreement between the parties. In the event that the provisions of thi...
Interest Arbitration. 27.01 Notwithstanding any provision in the Labour Relations Act, 1995 by which the City could lawfully lock out the members of the bargaining unit or by which the volunteer firefighters could lawfully engage in a strike, the City shall not lock out the members of the bargaining unit and the members of the bargaining unit shall not strike at any time prior to the settlement of a renewal Agreement to replace this Agreement.
27.02 If the City and the Association are unable to conclude a renewal Agreement in their negotiations, and after such time as a conciliation Officer has been appointed and met with the parties and was unable to assist the parties to reach an agreement, the renewal Agreement shall be settled by a sole arbitrator jointly appointed by the parties, in a manner as described herein.
27.03 Upon the expiration of the Agreement or upon the request of either party for a Ministry of Labour appointed conciliator, all terms and conditions of employment shall be frozen and shall remain frozen until such time as a renewal Agreement is ratified by the respective parties.
27.04 Within twenty-one (21) calendar days after the last meeting with the conciliation Officer, the parties shall each submit, in writing, the names, addresses, telephone and facsimile numbers of their recommendations for an arbitrator.
27.05 Within ten (10) calendar days of receipt of the other parties’ recommendations, the parties shall meet to jointly choose an arbitrator.
27.06 If the parties are unable to agree to an arbitrator, a request for the appointment of a sole arbitrator shall be submitted to the Minister of Labour.
27.07 The arbitrator shall determine their own procedure but shall give the parties full opportunity to present their evidence and make their submissions.
27.08 Section 116 of the Labour Relations Act, 1995 shall apply to the arbitrator.
27.09 In making its decision, the arbitrator shall take into consideration all factors it considers relevant, including the following:
a. A comparison as between the volunteer firefighters and other comparable volunteer firefighters in the public and private sectors, of the terms and conditions of employment and the nature of the work performed;
b. The City’s ability to pay in light of its fiscal situation;
c. The extent to which services may have to be reduced, in light of the arbitrator’s decision, if current funding and taxation levels are not increased;
d. The economic situation in Ontario and in the part of Ontario where t...
Interest Arbitration. 15.1 If after bargaining in good faith for the renewal of this agreement, with or without modifications, either party becomes satisfied that an agreement cannot be reached, it will notify the other party in writing of its desire to submit the matters in dispute to arbitration. If the recipient of the said notice and the party desiring arbitration do not, within a period of fourteen (14) calendar days after receipt of the said notice, agree upon a single arbitrator the appointment of the single arbitrator shall be made by the Minister of Labour for Ontario upon the request of either party.
15.2 The Employer and the Union shall share equally the cost of the arbitrator and his/her incidental expenses.
15.3 The decision of the Arbitrator appointed pursuant to this Article is final and binding upon the Employer, the Union and any Employee affected thereby.
Interest Arbitration. (a) Where this Agreement provides for interest arbitration, then a party may refer a matter to an interest arbitrator in accordance with Articles 10.10 (a), (b) and (c) and 10.11 (a), (b), (d), (e) and (f).
(b) After the interest arbitrator is appointed, the arbitrator shall convene a conference call with the parties in order to receive submissions and to decide all issues relating to the conduct of the interest arbitration, including production of documents, compelling the attendance of witnesses and the preparation of written briefs.
Interest Arbitration. The parties agree to the interest arbitration procedures attached to this MOU as Appendix A-2.
Interest Arbitration. The parties agree that any unresolved matter resulting from collective bargaining under clause will be referred to an arbitrator for final and binding determination in accordance with section of the Canada Labour Code. The reference of unresolved matters to arbitration shall be made by written notice to the other party. The notice shall specify the issues in dispute. The party to whom the notice is given may within fifteen (15) calendar days and by written notification add other unresolved issues to be submitted to arbitration. The arbitrator shall be appointed by the parties. If they are unable to agree on the selection of a person, the arbitrator shall be appointed by the Minister of Labour upon request by either party. The arbitrator shall start hearing the parties as soon as possible after his or her appointment. The arbitrator may determine his or her own procedure but shall give the parties the opportunity to present their evidence and make their submissions. The arbitrator shall have the powers conferred upon a grievance arbitrator by the Canada Labour Code and by this collective agreement. The arbitrator may also try to mediate between the parties. In making his or her decision, the arbitrator shall be bound by Article including the financial cap set out therein. This cap includes all amounts agreed to by the parties pursuant to clause and paragraph in each fiscal year. For greater certainty, the arbitrator is bound by the provisions of paragraphs and The arbitrator will also consider the following: the provisions of the Canada Post Corporation Act and the policy framework, or any other such binding document in effect; the labour market conditions; the cost of living; the economy in general. The decisions of the arbitrator shall form part of this collective agreement as of the date determined by the arbitrator. It is understood that the arbitrator shall have no authority to amend Articles and Extension of Collective Agreement After its expiration, this collective agreement as amended by the parties or by decisions of arbitrators shall remain in full force and effect until the signing of a new collective agreement or until the requirements of section of the Canada Labour Code have been met. APPENDIX “A” CHANGES TO A ROUTE
Interest Arbitration. If the parties have not reached agreement on all issues on the bargaining table on or before October 1, they shall mutually agree to submit the issues to final, binding interest arbitration. An arbitrator will be selected by the parties by requesting a list of five qualified arbitrators from the Board of Personnel Appeals with each party striking a name in alternate order until the name remaining shall be the Arbitrator. The Arbitrator shall hear the case and render his/her decision within 30 days after the close of the hearing or 30 days after final briefs are submitted. The Arbitrator’s fees and expenses shall be divided equally between the Association and the District.
Interest Arbitration. 26.01 If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may – after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under Section 60 or 61 of The Labour Relations Act – notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.
26.02 If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award.
26.03 If the parties can not agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award.
26.04 The party that gives the notice under 26.01 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.
26.05 A statement referred to in 26.04 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.
26.06 After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearings.
26.07 Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.
Interest Arbitration. The parties, by making reference to grievances in this Agreement, do not authorize interest arbitration.
Interest Arbitration. 41.01 The parties agree that upon mutual consent, they may alter the procedures contained in 5 ILCS 315/14, in the following respects:
(a) agree upon a single impartial arbitrator to resolve their disputes in place of a panel of three (3) arbitrators;
(b) obtain a listing of seven (7) or less persons as nominees for impartial arbitrator from either the Federal Mediation and Conciliation Service of the United States Department of Labor or the American Arbitration Association;
(c) choose the time and place of the hearing;
(d) waive the necessity of a verbatim record of the proceedings;
(e) at anytime before the rendering of an arbitral award, resume collective bargaining for any length of time and suspend the arbitration proceedings during the continued resumption of collective bargaining.
41.02 If either party does not agree, or if the above procedure is not successful, then both parties agree that they will use 5 ILCS 315/14 to resolve impasse.
