ARTICLE ARBITRATION. If the Employer or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement and at the same time name a Nominee. Within five (5) calendar days thereafter, the other party shall name a Nominee provided however, that if such party fails to name a Nominee as herein required, the Ministry of Labour shall have power to effect such appointment upon application thereto upon the party invoking the arbitration procedure. The two Nominees shall attempt to select by agreement a Chairperson of the Arbitration Board. If they are unable to agree upon such a Chairperson within a period of fourteen (14) calendar days, they shall then request the Ministry of Labour to appoint a Chairperson. At the option of either party, a sole Arbitrator may be substituted for a Board of Arbitration. In event of such mutual agreement, the parties shall exchange names of potential Chairpersons in an effort to reach agreement within a period of fourteen (14) calendar days. If such agreement is not forthcoming within such time limit they shall then request the Ministry of Labour to appoint a Chairperson. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried all requisite steps of the grievance procedure. The Board of Arbitration shall not have any power to amend, alter, modify or add to any provisions of this Agreement or to substitute any new provisions for any existing provisions, or to render any decisions inconsistent with the terms and provisions of this Agreement. The function and purpose of the arbitrator is to determine disputed interpretation of the express terms of this Agreement, or to determine disputed facts upon which the application of those express terms depend. An arbitrator shall not have authority nor shall he or she consider it his or her function to include the decision of any issue not submitted. Past practice of the parties in interpreting or applying terms of the Agreement can be relevant evidenced to the extent that it does not restrict the terms of this Agreement and an arbitrator shall not have jurisdiction to determine that the parties by practice or implication have amended or supplemented any of the written terms of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties h...
ARTICLE ARBITRATION. If the Health Centre or the Union refers a grievance to arbitration, the grievance shall be referred to a sole arbitrator selected by agreement of the parties. If the parties cannot agree concerning the selection of a sole arbitrator within seven (7) days the grievance is to arbitration, either party may request the Office of Arbitration, Ministry of Labour to appoint an arbitrator. The parties may agree to have a grievance considered by a Board of Arbitration. The party referring the grievance to arbitration may request a Board and name a nominee when it refers the grievance to arbitration. If the other party agrees that a Board should hear the matter, it will name its nominee within seven (7) days of receiving the referral to arbitration. If the matter is to be heard by a Board, the nominees will attempt to agree concerning the selection of a Chairperson. If the nominees cannot agree on a Chairperson within fourteen (14) days of the appointment of the second nominee, either nominee may request the appointment of a Chairperson by the Office of Arbitration. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. A sole arbitrator or a Board of Arbitration shall not have any power to amend, alter, modify, 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. The proceedings of a sole arbitrator or of an Arbitration Board will be expedited by the parties. The decision of the sole arbitrator or the majority of a Board of Arbitration or, if there is no majority, the decision of the Chairperson shall be final and binding upon the parties and the employee or employees concerned. Each of the parties will bear the expenses of a nominee appointed by it and the parties will share equally the fees and expenses of a sole arbitrator or of the Chairperson of a Board. The parties agree that the assistance of a mediator may be useful in resolving matters without the expense and delay of proceeding to arbitration. Af...
ARTICLE ARBITRATION. When either party requests that a grievance be submitted to arbitration, as provided under Article it shall make such request in writing addressed to the other party to this Agreement, and such request shall include the name of its nominee, the other party shall nominate a Representative,provided however, that if such other party fails to nominate a Representative as herein required, and unless the time has been extended by mutual agreement between the two parties, the Minister of Labour for the Province of Ontario, have power to effect such appointment uponapplication thereto by either party. The two nominees shall attempt to select, by agreement, a Chairperson of the Arbitration Board. If they are unable to agree upon such Chairperson within a period of ten (10) calendar days after the nomination of the second Representative, they, or either of them, may then request the Labour ManagementArbitration Commissionfor the Province of Ontario to appoint a Chairperson. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure. Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration. Any and all time limits referred to under the Grievance Procedure herein, may, at any time, only be extended by written agreement between the Company and the Union. The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Company, the Union and the affected, providedhowever, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision in conflict with the provisions of this Agreement. In arbitrating any discharge, the Board of Arbitration shall have the authority to:
ARTICLE ARBITRATION. If the Hospital or the Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it make such request in writing addressed to the other party to this Agreement, and at the same name a Nominee. Within ten
ARTICLE ARBITRATION. Failing a satisfactory settlement in Step of the Grievance Procedure, it shall be the responsibility, of the party desiring arbitration to so inform the other party, in writing, within ten (10)days after the General Manager's, or his representatives response. The parties agree to the following list of single arbitrators who shall be assigned on an alphabetically, rotating basis at the time a grievance is submitted for arbitration pursuant to Article Xxxxx Xxxx Xxxxx Xxxxxx Xxxxx Xxx Xxxxxx Professor The decision of the soul arbitrator, shall be final and binding upon the parties, The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this agreement, nor to alter, modify or amend any part of the agreement, nor to adjudicate any matter not specifically assigned to him or her by the written grievance as, required above. The parties will equally bare the fees and expenses of the soul arbitrator. Any witnesses called by the parties will be at their individual expense. Any extension of the time limits contained herein may only be made by mutual consent, in writing. Once a specific individual, group or policy grievance has been through the grievance or arbitration procedure, it will not be re-grieved. The disciplining of employees shall be made by the Company only for just cause (subject to the provision of Article as they relate to probation employees) and the decision to terminate must be made within five (5)days of the date of the alleged misconduct, or within five (5 )days after the General Manager of the Company has become knowledgeable of the alleged misconduct. The parties recognize that the discipline or discharge of an employee is a serious matter. Therefore, the parties wish to afford an employee the opportunity to present his version of the event prior to a decision concerning his possible discipline or discharge. The employee shall have their committee person present at this meeting which should take place within three (3) days following the incident which gave rise to the discipline. The three (3) days will be extended if there is no Union representative available. The employee and the Union will be informed of the reasons for discipline and/or discharge and the penalty, in writing. The Company agrees that no bargaining unit employee will be removed from the plant for suspension of discharge, until the Union has had a reasonable amount of time to investigate the alleged violation, unless they commit an offence...
ARTICLE ARBITRATION. The parties to this Agreement agree that any grievance the interpretation or alleged violation of this Agreement, which has been properly carried out through all the steps of the Grievance Procedure outlined in Article above, which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto. The Board of Arbitration will be composed of one person by the Employer, one person appointed by the Union and a third person to act as Chair, chosen by the other two members of the Board. The party requesting arbitration shall name its appointee at the time of requesting arbitration, and the other party shall name its appointee within two (2) working days thereafter. person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third member as Chair within five (5) days of the notification mentioned above, the Minister of Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chair. The decision of the Board of Arbitration or a majority of such Board constituted in the above or, if there is no majority, the decision of the Chair shall be binding on the employee, the Union and the Employer. The Board of Arbitration shall not have any power to alter or change 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 to this Agreement will bear the expense of the Arbitrator appointed by it, and the parties will jointly bear the expense, if any, of the Chair.
ARTICLE ARBITRATION. (a) It is agreed by the parties that any difference of opinion relating to the interpretation, application, or administration of this Agreement which cannot be settled after exhausting the grievance procedure will be settled by Arbitration as defined in Section subsection (2) of the Ontario Labour Relations Act.
ARTICLE ARBITRATION. (a) It is agreed by the parties that any difference of opinion relatingto the interpretation, application, or administration of this Agreement which cannot be settled after exhaustingthe grievance procedurewill be settled by Arbitration as defined in Section subsection (2) of the Ontario Labour Relations Act. Limitation The Board of Arbitration An Arbitration Board shall not be authorized to alter, modify, amend or add to any part of this Agreement. No person shall be appointed as an Arbitrator who has been involved in any attempt to negotiate or settle the grievance. Each party shall be responsible for the expenses of its own appointee, and an equal share of the fees and expenses of the Chairperson.
ARTICLE ARBITRATION. Failing a satisfactory settlement in Step of the Grievance Procedure, it shall be the responsibility of the party desiring arbitration to so inform the other party, in writing, within ten (IO) days after the Manager of Human Resources or designates response. As provided for in Article the party delivering the notice to arbitrate shall indicate in the notice the arbitrator for that grievance from the following list: Xxxxxx Xxxxx Xxxx Xxxxx Xxxx Xxxx Xxxxxx Xxxx Xxxxxxxxx It is understood and agreed that following ratification of this Agreement, arbitrators will be selected in the order they appear on the list above, starting with the top of the list and moving to the bottom in the order that notices to arbitrate are received. In the event that the arbitrator, according to this process, is no longer available (i.e. within six (6) months) to arbitrate, that particular case will be referred to the next arbitrator on the list. The decision of the sole arbitrator shall be final and binding upon the parties. The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specifically assigned to him or her. The parties will equally bear the fees and expenses of the sole arbitrator. Any witnesses called by the parties will be at their individual expense. Any extension of the time limits contained herein may only be made by mutual consent in writing.
ARTICLE ARBITRATION. If the employer or the Union requests that a grievance as above provided be submitted to arbitration, it shall make such request in writing addressed to the other party to this agreement and, at the same time, nominate a nominee. Within five (5) working days thereafter, the second party shall nominate a nominee and notify the first party. The two
