00 - ARBITRATION. 10.01 In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Arbitration by one party giving written notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure. Such referral to Arbitration shall be made in the following manner: (a) Arbitrator β Either party may have the dispute referred to an Arbitrator, in which case the parties shall exchange names of potential Arbitrators until one is acceptable to both parties. Should the parties not be able to agree upon a suitable Arbitrator within twenty (20) working days, then either party may request the Ministry of Labour to appoint same. (b) In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Grievance Mediation by one (1) party giving notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure. 10.02 Any arbitration case shall be heard at Elliot Lake, Ontario or at such other place as the parties mutually agree upon in writing. 10.03 In any arbitration, the written record of the grievance shall be presented to the Arbitrator and the decision of the Arbitrator shall be confined to determining the issues therein set out. 10.04 The parties shall split the cost of the Arbitrator. 10.05 Witness fees and allowances shall be paid by the party calling the witnesses. 10.06 The costs of arbitration shall not be awarded to either party. 10.07 The findings of the Arbitrator as to the facts, meaning and violation of the provisions of this Agreement shall be conclusive and binding upon all parties concerned, but in no case shall the Arbitrator modify or amend any part of this Agreement. 10.08 An Arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision which they deem just and equitable.
Appears in 1 contract
Sources: Collective Agreement
00 - ARBITRATION. 10.01 In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Arbitration by one party giving written notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure. Such referral to Arbitration shall be made in the following manner:
(a) Arbitrator β Either party may have the dispute referred to an Arbitrator, in which case the parties shall exchange names of potential Arbitrators until one is acceptable to both parties. Should the parties not be able to agree upon a suitable Arbitrator within twenty (20) working days, then either party may request the Ministry of Labour to appoint same.
(b) In the event that any difference concerning the meaning or alleged violation of this Agreement has not been satisfactorily settled under the provisions of the Grievance Procedure, the matter may be referred to Grievance Mediation by one one
(1) party giving notice to the other within ten (10) working days from the date settlement could have been reached in Step 3 of the grievance procedure.
10.02 Any arbitration case shall be heard at Elliot Lake, Ontario or at such other place as the parties mutually agree upon in writing.
10.03 In any arbitration, the written record of the grievance shall be presented to the Arbitrator and the decision of the Arbitrator shall be confined to determining the issues therein set out.
10.04 The parties shall split the cost of the Arbitrator.
10.05 Witness fees and allowances shall be paid by the party calling the witnesses.
10.06 The costs of arbitration shall not be awarded to either party.
10.07 The findings of the Arbitrator as to the facts, meaning and violation of the provisions of this Agreement shall be conclusive and binding upon all parties concerned, but in no case shall the Arbitrator modify or amend any part of this Agreement.
10.08 An Arbitrator shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real matter in dispute and to render a decision which they deem just and equitable.
Appears in 1 contract
Sources: Collective Agreement