Common use of O ARBITRATION Clause in Contracts

O ARBITRATION. If the Employer or the Local Union requests that a grievance be submitted to arbitration, as provided for under article it shall make such request in writing addressed to the other party of this agreement and at the same time appoint its member to the Board of Arbitration, within ten days thereafter the other party shall appoint it’s member to the Board of Arbitration. Each party shall notify the other of the name of its member to the Board of Arbitration. No person may be appointed to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. In the event of default by either party in nominating its member to the Board of Arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointment. The two (2) members so appointed shall, within ten days of the appointment of the latter of them, attempt to settle by agreement the choice of a third person to act as Chair of the Board of Arbitration. If they are unable to agree on such a Chair, the Ontario Labour- Management Arbitration Commission will be asked to appoint the third member to act as Chair. The Board of Arbitration shall not have any power to amend or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the fee and expenses of the member appointed by it and of its own witnesses; and the parties will jointly bear the fee and expenses, if any, of the Chair of the Board of Arbitration. Where both parties agree, a single arbitrator may be substituted for a Board of Arbitration. In such cases, the parties shall endeavour to agree on the selection of an arbitrator. In the event that they fail to do so. The Ontario Labour-Management Arbitration Commission will be asked to appoint the arbitrator. The time limits fixed in both grievance and arbitration procedures may be extended by written consent of the parties to this Agreement. Saturdays, Sundays and paid holidays as set out in Article will not be counted in computing the time within which any action is to be taken or completed under the provisions of Article

O ARBITRATION. If Arbitration (a) The party requesting arbitration shall, within five (5) days of receipt of the Employer Administrator or the Local Union requests that a grievance be submitted to arbitrationdesignate reply in above, as provided for under article it shall make such request in writing addressed to notify the other party of this agreement its desire to arbitrate and shall at the same time appoint name one person as its member appointee to the Board Arbitration Board. The receipt of Arbitrationthe notice shall, within ten five (5) days thereafter the other party shall appoint it’s member of receipt of same, name one person as its appointee to the Arbitration Board. If the recipient fails to name a nominee within five (5) days, the party requesting arbitration shall write to the Ontario Labour Management Arbitration Commission for the appointment of a nominee. The two appointees shall within five (5) days of their appointment of the latter, meet or contact each other in an endeavour to agree upon a third person to act as Chairman. If the two appointees fail to agree upon a Chairman within five (5) days, they shall request the Ontario Labour Relations Board to appoint a Chairman forthwith. All differences between the parties arising from the interpretation, application, administration or alleged violation of Arbitrationthis Agreement, including any questions as to whether a matter is arbitrable, shall be arbitrable. No other difference shall be arbitrable. The proceedings of the Arbitration Board shall be expedited by the Employer and the Union. The decision of the majority of such Board shall be final and binding upon the parties, but the arbitrators shall not be inconsistent with the provisions of this Agreement, nor shall they have the power to add to, subtract from or modify any of the terms of this Agreement. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. Each party shall notify bear the other expense of its own appointee and its witnesses. The expense of the name Chairman shall be shared equally by both parties. No costs of its member any arbitration shall be awarded to the Board of Arbitrationor against either party. No person may be appointed to a Board of Arbitration as an arbitrator who has been involved in an any attempt to negotiate or settle the grievance. In the event Any time limits referred to in this Article or in Articles and or any subsection thereof within which any procedure is required to be taken or notice required to be given, shall be calculated exclusive of default by either party Saturday, Sunday and Paid Holidays (as declared). Nothing in nominating its member to the Board of Arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointment. The two (2) members so appointed shall, within ten days of the appointment of the latter of them, attempt to settle by agreement the choice of a third person to act as Chair of the Board of Arbitration. If they are unable to agree on such a Chair, the Ontario Labour- Management Arbitration Commission will be asked to appoint the third member to act as Chair. The Board of Arbitration shall not have any power to amend or add to any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with in the terms and provisions other subsections of this Agreement. Each of the parties hereto will bear the fee and expenses of the member appointed by it and of its own witnesses; and the parties will jointly bear the fee and expenses, if any, of the Chair of the Board of Arbitration. Where both parties agree, a single arbitrator may be substituted for a Board of Arbitration. In such cases, the parties Article shall endeavour to agree on the selection of an arbitrator. In the event that they fail to do so. The Ontario Labour-Management Arbitration Commission will be asked to appoint the arbitrator. The time limits fixed in both grievance and arbitration procedures may be extended by written consent of prevent the parties to this AgreementAgreement from agreeing on a single Arbitrator, to hear and decide any matter which may be referred to arbitration. Saturdays, Sundays and paid holidays as set out in Article will not If the parties agree to the use of a single arbitrator then the cost of such arbitration shall be counted in computing shared equally by the time within which any action is to be taken or completed under the provisions of Articleparties.

O ARBITRATION. If All grievances referred to arbitration shall be heard by a single arbitrator and shall be heard in the Employer or expedited format. The hearing shall take place at any time mutually agreed upon between the Local Union requests that a grievance be submitted to arbitrationCompany, as provided for under article it the arbitrator, and the Union. The arbitrator shall make such request in writing addressed to the other party of this agreement and at the same time appoint its member to the Board of Arbitration, within ten days thereafter the other party shall appoint it’s member to the Board of Arbitration. Each party shall notify the other decision as may finally dispose of the name of its member to issue in question and the Board of Arbitration. No person may decision shall be appointed to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. In the event of default by either party in nominating its member to the Board of Arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointmentfinal and binding on all parties. The two (2) members so appointed shall, arbitrator’s decision shall be ordered within ten days of the appointment of hearing. Arbitrations shall be heard in the latter of them, attempt to settle by agreement city where the choice of a third person to act as Chair of the Board of Arbitration. If they are unable to agree on such a Chair, the Ontario Labour- Management Arbitration Commission will be asked to appoint the third member to act as Chairwork. The Board of Arbitration arbitrator shall not have any power to amend alter or add to change any of the provisions of this Agreement or to substitute any new provisions for or any existing provisions, provisions nor to give any decision inconsistent with the terms term or provision hereof. The Company and the Union shall share equally the expenses of the arbitrator. If there should be an accumulation of grievances or disputes to be referred to arbitration, such grievances or disputes may, by mutual agreement, be dealt with by the arbitrator agreed upon by the parties. Any and all time limits fixed by this Article may be extended by mutual agreement between the Company and the Union. The arbitrator shall have authority to modify the penalty in a grievance involving the suspension or discharge of an employee. The parties agree to select Arbitrators by mutual agreement. Expedited Arbitration; provided for by the Canada Labour Code. Hearing within days of appointment, hearing less formal than a single or panel arbitrator. Affidavit evidence is acceptable. Simple guidelines for hearing to be established by appointed arbitrator at commencement ARTICLE SENIORITY Establishment and Accumulation of Seniority The employer shall establish a seniority list for its' employees. Seniority of an employee covered by the Agreement shall be established after a probationary period. The probationary period shall be from the first shift worked until twenty (20) shifts worked from the date of certification level Under no circumstances shall the probationary period be longer than five months in total. Seniority shall accumulate from the first scheduled shift worked. Employees hired on the same day will be placed on the seniority list in alphabetical order based on their surnames and then their Christian names, following the signature of this collective agreement. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except as otherwise provided. Seniority shall be maintained and accumulated during; Absence due to lay-off, sickness or accident; Authorized leave of absence; An employee who fails to meet certification on their second attempt; their employment will be terminated and they shall be laid off as a result of their failure to be certified. I Loss of Seniority An employee shall lose seniority standing and name shall be removed from all seniority lists for any one of the following reasons: If the employee voluntarily quits, given in writing; If the employee is discharged for just and reasonable cause and is not reinstated in accordance with the provisions of this Agreement; If the employee is laid-off and fails to return to work within three (3) working days after has been notified to do so by the Employer. Each The Union recognizes the nature of the parties hereto will bear the fee security business and expenses in cases of the member appointed by it and of its own witnesses; and the parties will jointly bear the fee and expenses, if any, of the Chair of the Board of Arbitration. Where both parties agree, a single arbitrator may be substituted for a Board of Arbitration. In such casesemergency only, the parties shall endeavour Employer reserves the right to agree on by pass this requirement, except in the selection case of a laid-off employee having to provide notice to terminate. Notwithstanding an arbitrator. In the event that they fail to do so. The Ontario Labour-Management Arbitration Commission will be asked to appoint the arbitrator. The time limits fixed employee off work for medical other reasons in both grievance and arbitration procedures may be extended by written consent excess of the parties to this Agreement. Saturdaysthirty (30) months, Sundays and paid holidays as set out in Article will not be counted in computing the time within which any action where there is to be taken or completed under the provisions no reasonable likelihood of Articlereturn of work.

O ARBITRATION. In the event that the grievance is not settled at Step the party having carriage of the grievance may request arbitration of the grievance by giving notice in writing to the other party within ten days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such ten (10) day period, the Employer or the Local Union decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that a grievance any matter be submitted to arbitrationarbitration as herein before provided, as provided for under article it shall make such a request in writing addressed to the other party of to this agreement and at the same time appoint its member to the Board of Arbitration, within ten a nominee. Within five (5) days thereafter the other party shall appoint it’s member to the Board of Arbitration. Each party shall notify the other of the name of its member to the Board of Arbitration. No person may be appointed to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. In the event of default by either party in nominating its member to the Board of Arbitration, the other party may apply to the Minister of Labour for the Province of Ontario who shall have power to effect such appointmentnominee as herein required. The two (2) members nominees so appointed shallappointed, within ten days shall attempt to select by agreement a chairman of the appointment of the latter of them, attempt to settle by agreement the choice of a third person to act as Chair of the Board of Arbitrationarbitration board. If they are unable to agree on such upon a Chairchairman within a period of five (5) days, either of the parties shall then request the Minister of Labour for the province of Ontario Labour- Management Arbitration Commission will be asked to appoint the third member an impartial arbitrator, who shall be chosen having regard to act as Chairhis qualifications in interpreting collective agreements. The Board arbitrator shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee or employees affected by it. The arbitrator shall give a decision within thirty (30) days after hearings on the matter submitted to arbitration are concluded. This time period for giving a decision may be extended at the discretion of Arbitration the sole arbitrator so long as he or she states in his or her decision the reasons for extending the time. The arbitrator shall not have be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any power to amend or add to any of the provisions part of this Agreement or to substitute any new provisions for any existing provisionsAgreement, nor to give make any decision inconsistent with the terms provisions thereof, or to deal with any matter not covered by this Agreement No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. The proceedings of the arbitrator will be expedited by the parties hereto, and provisions of this Agreementthe decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fee fees and expenses of the member nominee appointed by it and of its own witnesses; and the parties will jointly bear the fee fees and expenses, if any, of the Chair arbitrator. Seniority is defined for the purposes of this Agreement as the Board length of Arbitrationcontinuous service of an employee with the Employer computed from the date that the employee commenced employment with the Employer, provided that the employee has completedthe probationary period set forth in Article I hereof. Where both parties agree, a single arbitrator may Seniority shall apply only to the extent specifically provided in this Agreement. Employees will be substituted for a Board of Arbitration. In such cases, the parties shall endeavour to agree placed on the selection seniority list on the basis of an arbitratortheir most recent date of hire. In the event that they fail to do sotwo employees are placed on the full-time seniority list at the same time, and where their date of hire are the same, the Company shall place the affected parties alphabetically, by their surname. The Ontario Labour-Management Arbitration Commission will An employee shall be asked to appoint the arbitrator. The time limits fixed in both grievance considered a probationary employee and arbitration procedures may be extended by written consent shall not have any seniority rights until he or she has completed forty five (45) days of the parties to this Agreement. Saturdays, Sundays and paid holidays as set out in Article will not be counted in computing the time within which any action is to be taken work or completed under the provisions of Articlesix