Arbitration Board Powers Sample Clauses

Arbitration Board Powers. The Arbitration Board has the powers contained in Sections 76 and 77 of the Labour Relations Code.
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Arbitration Board Powers. The arbitrator shall have the power to settle the grievance involving dismissal or disciplinary action by arrangement that the arbitrator deems just and equitable. The arbitrator shall not have the power to alter the terms of this Agreement, nor to substitute provisions for existing provisions, nor to give any decision inconsistent with the terms of this Agreement.
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Arbitration Board Powers a) Within ten (10) days after written notice is given by either party requesting arbitration as provided in Paragraph 27, the matter shall be referred to a temporary Board of Arbitration consisting of one (1) member designated by the Company, one (1) member designated by the Union, and a third member to be selected by these two (2) members. In the event one of the parties refuses or fails to so designate its representatives, then the party in default shall forfeit its case. In the event the members of the Board of Arbitration fail to select a third member within three (3) days, the parties shall jointly request the American Arbitration Association or the Federal Mediation and Conciliation Service to appoint the third member, both parties to be bound by such appointment. In the event one of the parties refuses or fails to join in such request, then the party in default shall forfeit its case. The majority decision of the Board of Arbitration shall be final and binding on both parties hereto. b) The Board of Arbitration shall be governed wholly by the terms of this Agreement and shall have no power to add to or change its terms, nor shall the Board of Arbitration be authorized to pass on matters which are not properly grievances as defined herein. c) A rotating panel of seven (7) arbitrators, jointly selected by the Company and the Union, will be established to hear discharge grievances. The panel of arbitrators will be confirmed, or changed, yearly. The selection from the panel will be sequential and only one discharge case may be put before the same arbitrator at a time unless mutually agreed to by both parties. A discharge case may include multiple employees.
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Arbitration Board Powers. ‌ The Arbitration Board has the powers contained in Sections 76 and 77 of the Labour Relations Code. ARTICLE 25 - PROMOTIONS AND STAFF CHANGES, AND PERFORMANCE APPRAISALS‌ 25.1 Job Postings‌ (a) When a vacancy occurs or a new position is created within the bargaining unit the Employer shall notify the Union in writing and post notice of the position on the Employer’s website for a minimum of 10 calendar days so that all members will know about the vacancy or new position. A link to all open postings will also be circulated in BCIT’s weekly internal newsletter. (b) When a temporary position or vacancy is identified to be four months or more duration (except for short-term sick leave relief assignment pursuant to Definition (#6), qualified regular Employees will have the opportunity to substitute in higher paying positions pursuant to Clause 36.1 (Substitution), Clause 35.2 (Substitution Pay) and Clause 31.15(b) (Positions Temporarily Vacant). Where substitution by an existing regular Employee within the department is not feasible, the temporary position or vacancy shall be posted internally and filled as temporary. Such temporary vacancies will only be advertised externally in unusual circumstances. It is understood by the Parties that only the original vacancy is subject to the provisions of Clause 25.1(b). Only a regular Employee who is successful in applying to a full-time temporary position and who obtains a general leave of absence from their regular position will have the right of return to their regular position. Such leave shall not be unreasonably withheld.
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Related to Arbitration Board Powers

  • Board of Arbitration (a) The Board of Arbitration shall be composed of three (3) members and shall be established as follows: Within ten (10) working days (excluding Sundays and holidays) following receipt of such notice, the Employer and the Union shall each select a representative to serve on the Board of Arbitration. The representative of the Employer and the representative of the Union shall, within five (5) days (excluding Sundays and holidays) after they have both been selected, choose an additional member to act as Chairman. In the event of failure of the nominees of the Union and the Employer to agree upon a Chairman within the five (5) day period specified, the Minister of Labour of British Columbia shall be immediately requested to name a third member who shall act as Chairman of the Board of Arbitration. Within five (5) days of the appointment of the impartial Chairman, the Board of Arbitration shall sit to consider the matter in dispute and shall render a decision within fourteen (14) days after its first session. It is understood and agreed that the time limits as set forth herein may be altered by mutual agreement between the Employer and the Union. No person shall serve on a Board of Arbitration who is involved or directly interested in the controversy under consideration. Grievances submitted to an Arbitration Board shall be in writing and shall clearly specify the nature of the issue. In reaching its decision, the Board of Arbitration shall be governed by the provisions of this Agreement. The Board of Arbitration shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the impartial Chairman shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Board of Arbitration shall be binding and enforceable on all parties. A decision of a majority of the Board of Arbitration shall be deemed to be a decision of the Board. (b) In the case of dismissal of an employee, the Employer agrees to waive the normal arbitration procedure and the matter shall be heard by a sole arbitrator, within thirty (30) days of the notice to proceed to arbitration having been received by the Employer. This thirty (30) day period may be extended by mutual agreement of the Union and the Employer. A final and binding decision will be handed down within thirty (30) days of the Expedited Arbitration case being held. In reaching its decision, the Arbitrator shall be governed by the provisions of this Agreement. The Arbitrator shall not be vested with the power to change, modify or alter this Agreement in any of its parts, but may, however, interpret its provisions. The expense of the Arbitrator shall be borne equally by the Employer and the Union unless otherwise provided by law. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. The Arbitrator shall be an Arbitrator mutually agreed to by the Union and the Employer. (c) In the case of discharge which the Board of Arbitration has determined to have been for an improper cause, the Board may order the reinstatement of the employee and may award him or her full or part back pay.

  • Composition of Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail addressed to the other party of the Agreement, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees shall select an impartial chairperson.