Common use of Alternate Dispute Resolution Non-Binding Clause in Contracts

Alternate Dispute Resolution Non-Binding. 19.01 Where a difference arises between the Parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement ▇▇▇ ▇▇▇▇▇, or a substitute agreed to by the Parties, shall at the request of either Party: a) investigate the difference; b) define the issue in the difference; and c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five (5) days from that date, time does not run in respect of the Grievance Procedure. 19.02 In the event it becomes available from the Mediation Services Branch the Union and the Company agree to avail themselves of preventative mediation. 19.03 Notwithstanding the other processes outlined in this Article, the parties may agree to participate in an alternate dispute resolution process. The process employs the caucus model and may be changed by mutual agreement of the parties. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 18 of the Collective Agreement. a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. b) The parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. c) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator. d) The offices of Union or Yellow Cab will be used for the process on an alternating basis. e) The Union will designate and use an elected officer or Union representative. The Employer will use employees of their Employer Relations Department. Legal counsel will not be used during the hearing by either party. f) The parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case. g) The parties and the Arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length. h) Within one week of the hearing, the parties will provide an agreed statement of facts to the Arbitrator. i) Wherever possible the Arbitrator will attempt to mediate a settlement between the parties. The Arbitrator shall have no authority to amend or alter the terms of the Collective Agreement. j) In such case that the Arbitrator must write a decision, such decision shall be 1 to 5 pages long and to the point. k) Any decisions arising from this process shall be without precedent or prejudice to any position either party may take in the future with regard to same or similar maters. The Arbitrator will remain seized with respect to implementation, interpretation and application of the decision.

Alternate Dispute Resolution Non-Binding. 19.01 Section 1 Where a difference arises between the Parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement ▇▇▇▇▇ Ready and ▇▇▇ ▇▇▇▇▇▇▇▇▇, or a substitute agreed to by the Parties, shall at the request of either Party: a) investigate the difference; b) define the issue in the difference; and c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five (5) days from that date, time does not run in respect of the Grievance Procedure. 19.02 Section 2 In the event it becomes available from the Mediation Services Branch the Union and the Company agree to avail themselves of preventative mediation. 19.03 Section 3 Notwithstanding the other processes outlined in this Article, the parties may agree to participate in an alternate dispute resolution process. The process employs the caucus model and may be changed by mutual agreement of the parties. The parties recognize that there are times when an expedited arbitration may be desirable, and therefore, agree that the following process may be used as a substitute for the formal grievance procedure outlined in Article 18 of the Collective Agreement. a) The process can only be used by mutual agreement between the parties who are signatory to this Collective Agreement. b) The parties will decide in advance of initiating the process whether the outcome will be a binding or non-binding recommendation. c) Each party to the arbitration will be responsible for its own costs and will share equally the cost associated with the Arbitrator. d) The offices of Union COPE 378 or Yellow Cab will be used for the process on an alternating basis. e) The Union will designate and use an elected officer or Union representative. The Employer will use employees of their Employer Relations Department. Legal counsel will not be used during the hearing by either party. f) The parties will create a schedule for the process in advance, based on a mutual assessment of the length of time needed to present each case. g) The parties and the Arbitrator will have a brief file management conference call prior to setting the agenda for any hearing dates. This will be to ensure the agenda is kept to a manageable length. h) Within one week of the hearing, the parties will provide an agreed statement of facts to the Arbitrator. i) Wherever possible the Arbitrator will attempt to mediate a settlement between the parties. The Arbitrator shall have no authority to amend or alter the terms of the Collective Agreement. j) In such case that the Arbitrator must write a decision, such decision shall be 1 to 5 pages long and to the point. k) Any decisions arising from this process shall be without precedent or prejudice to any position either party may take in the future with regard to same or similar maters. The Arbitrator will remain seized with respect to implementation, interpretation and application of the decision.