Final Settlement of Disputes. 25.1 Provision shall be made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this agreement governing rates of pay and working conditions which cannot otherwise be disposed of between Officers of the Company and the Union.
Final Settlement of Disputes. 25.1 Provision is made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this Agreement governing rates of pay and working conditions, which cannot otherwise be disposed of between officers of the Corporation and the Union.
Final Settlement of Disputes. 35.1 All differences between the parties to this agreement concerning its meaning or violation which cannot be mutually adjusted shall be submitted to the Canadian Railway Office of Arbitration for final settlement without stoppage of work.
Final Settlement of Disputes. 27.3 A grievance which is not settled at the Vice-President's 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. (Refer to Letter 121)
Final Settlement of Disputes. 10.1 A grievance concerning the interpretation or alleged violation of this Agreement, or an appeal by an employee that he/she has been unjustly disciplined or discharged, and which is not settled at the highest level of the grievance procedure, may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work.
Final Settlement of Disputes. Provision shall be made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this Agreement governing rates of pay and working conditions which cannot otherwise be disposed of between officers of the company and the Brotherhood. employ .A grievance concerning the interpretation or alleged violation of this Agreement or an appeal by ee that he/she has been unjustly or discharged and which is not settled at Step 3 may be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the regulations of that office. The 'request for arbitration must be made in writing within calendar days following the decision rendered by the President by filling notice thereof with the Canadian Railway Office of Arbitration and on the same date by transmission of a copy of such filed notice to the other party. The time limits as provided herein may be extended by mutual agreement.
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 Arbi...
Final Settlement of Disputes. Provision shall be made in the following manner for the final and binding settlement, without stoppage of work, of differences or disputes, including personal grievances, which arise concerning the application or interpretation of this agreement rates of pay and working conditions which cannot be disposed of of the Company and the Union. A grievance concerning the interpretationor alleged violation of this agreement or appeals by employees that they have been unjustly disciplined or discharged and which are not settled at Step may be referred by either party to the Canadian Railway Office of Arbitration and Dispute Resolution for final and binding settlement without stoppage of work in accordance with the regulations of that Office. The request for arbitration must be made in writing within calendar days following receipt of the decision rendered at Step of the grievance procedure by filing notice thereof with the Canadian Railway Office of Arbitration and Dispute Resolution and on the same date by transmission of a copy of such filed notice to the other party. The time limits as provided herein may be extended by mutual agreement. Health and Welfare benefits will be provided in accordance with the supplemental agreement governing the non-operating Employee Plan.
Final Settlement of Disputes. 38.1 Failing settlement in accordance with the last step of Article 37 the dispute may be referred by either party to a single arbitrator for final and binding settlement without stoppage of work.
Final Settlement of Disputes. 34.6 A grievance concerning the interpretation or alleged violation of this Agreement or appeal against discipline imposed, which has been processed in the manner and through each of the steps outlined in the grievance procedure and still has not been settled or disposed of may be referred by any of the signatories to this Agreement to such arbitrator that is mutually acceptable to the applicable parties, for final and binding settlement. Note: In the application of this article, the unions and the company agree that the services of the incumbent arbitrator of the Canadian Railway Office of Arbitration (CROA) will be selected as the adjudicator of disputes. If choosing a different arbitrator is deemed necessary, preference will be given to an arbitrator with experience in the railway industry. In any event, the rules and conditions which govern the adjudication of disputes before the CROA will apply.
