Common use of Arbitration of Grievances Clause in Contracts

Arbitration of Grievances. 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then the party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Board. 9.02 Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then the party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her his own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Board. 9.02 . Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her him for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 . Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 . No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 . The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing. Seniority is the principle of granting preference to employees for promotions, demotions, transfers, lay-offs, and rehiring after lay-offs, assignment of runs subject to the provisions of Article Article Article Article Article and all other matters in accordance with length of continuous service with the Company in the bargaining unit, providing only that an employee has the qualifications necessary to fill the normal requirements of the job. An employee shall considered to be on probation until she has worked for the Company for a period of ninety (90) calendar days in the case of employees in the Mechanical Department from the date upon which such employee commences work. For employees in the Transportation Department, the probation period as aforesaid, shall be ninety trips or one hundred and twenty 20) days, whichever shall first occur, from the date upon which such employee commences work with the Company. Upon completion of the probation period, an employee's service shall be back-dated to the date of her last hiring by the Company and her "seniority" shall be deemed to run from that date. It is understood that the of a probationary employee shall not form the subject matter of a grievance. In all cases of promotion, demotion or transfer, bargaining unit seniority shall determine which employees are to be promoted, demoted or transferred subject only to the provisions of Article herein. In the event of a lay off or recall to work following a lay off, probationary employees shall be laid off first and recalled last. Employees shall then be laid off in reverse order of seniority and recalled inverse order of seniority such that the most senior employee shall, subject to Article and herein, be laid off last and recalled first.

Arbitration of Grievances. 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then the The party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its it's nominee. The two (2) nominees so selected, selected shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Canada Ontario, who shall make such appointmentappointments. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision that which shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction any authority to alter, alter or change, change in any manner, manner the provisions of this Agreement agreement or to substitute any new provision provisions in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement agreement or in any way modify, add to or detract from, from any provisions provision of this Agreementagreement. Each of the parties hereto shall bear the expense of her its own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses expense of the Chairman of the Arbitration Board. 9.02 Should . If the parties agree on a person to act as sole Arbitrator in a particular case, he shall have all the powers of an Arbitration Board under this agreement and the parties shall jointly and equally share the expense of the Arbitrator. If the Arbitration Board decide decides that a discharge was without just and sufficient cause, the Board may reinstate re-instate the employee and may reimburse her him for all time lost from the date of the discharge up to the date of reinstatementre-instatement, less any amounts earned by the employee in the interval, interval or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time equitable. The time limits specified in this Agreement are exclusive of Saturdays, Sundays mentioned inthe grievance and holidays hereinafter enumerated and arbitration procedures may only be modified extended by mutual agreement, in writing, otherwise each step must be taken by agreement between the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed parties; provided that the time limits within which a grievance is required to be referred to herein arbitration under Stage Three of the grievance procedure shall, in the case of a discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing of the Union. Notwithstanding anything contained in Article either party may request the Minister of Labour for Ontario, pursuant to Section of the Labour Relations Act, to refer a grievance to a single arbitrator. Bargaining unit seniority is the principle of granting preference to employees for promotion, demotion, lay-offs and rehiring after lay-offs, and all other matters in accordance with the length of service, but only if an employee has the qualifications necessary to fill the normal requirements of the job. Bargaining unit seniority means the ranking of employees in accordance with their most recent hiring date. Where two (2) or more employees are mandatory initially hired on the part same day, their seniority will be determined by the date and time of both parties. 9.04 No person their applications for employment; Where two (2) or more employees are transferred from one bargaining unit to another, their previous bargaining unit seniority shall determine which of them has the most bargaining unit seniority in the new unit. An employee shall be on probation during his first thirty (30) working days of employment without seniority rights during that period. Upon completion of his probationary period, his name shall be added to the seniority list and his bargaining unit seniority shall be computed from the day he last commenced to work for the Employer. Notwithstanding any other provision of this agreement, the employment of a probationary employee, a student, a temporary employee or a part-time employee (who has not acquired seniority pursuant to Schedule of this agreement) may be appointed terminated for any reason at the sole discretion of Management, and no arbitrator or arbitration board shall have jurisdiction to entertain any grievance filed as a Board result of Arbitration who has participated directly in an attempt to negotiate or settle the grievancesuch termination. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should 17.01 Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of the grievance procedure herein, then the party desiring request for arbitration shall notify the other party must be made in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days after the decision at Step #2 is given. 17.02 When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon such chairperson within ten (1O) days, either party may apply to request the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue to assist them in selecting a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Boardchairperson. 9.02 Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 17.03 No person may be appointed to a Board of Arbitration as an arbitrator who has participated directly been involved in an attempt to negotiate or settle the grievance. 9.05 17.04 Each of the parties hereto will bear the expense of the nominee appointed by it, and the parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. 17.05 The Arbitration Board 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. 17.06 No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. 17.07 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such board will be final and binding upon the parties hereto. If a majority decision is not possible, then within a ten (1O) day period the decision in writing of the Chairman shall select a date for hearing be final and binding upon the parties hereto. 17.08 At any stage of the grievance procedure including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all hearings of reasonable arrangements will be made to permit the Board of Arbitration constituted under conferring parties to fully investigate all the terms of this Agreement shall circumstances. 17.09 The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented strictly complied with except by each party and each party shall be entitled written agreement to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearingextend them.

Arbitration of Grievances. 9.01 Should Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of the grievance procedure herein, then the party desiring request for arbitration shall notify the other party must be made in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days after the decision at Step is given. When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon such chairperson within ten days, either party may apply to request the Minister of Labour for Canada to assist them in selecting a chairperson. No person may be appointed as an arbitrator who shall make such appointment. The Arbitration Board shall hear and determine has been involved in an attempt to negotiate or settle the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreementgrievance. Each of the parties Parties hereto shall will bear the expense of her own the nominee to the Arbitration Board appointed by it, and the parties shall Parties will jointly and equally share bear the expenses of the Chairman of the Arbitration Board. 9.02 Should , if any. The Arbitration Board 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. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board decide that will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a discharge was without just majority decision is not possible, then within a ten day period the decision in writing of the Chairman shall be final and sufficient causebinding upon the Parties hereto. At any stage of the grievance procedure including arbitration, the Board conferring Parties may reinstate have the assistance of the employee or employees concerned and may reimburse her for any necessary witnesses, and all time lost from reasonable arrangements will be made to permit the date of discharge up conferring Parties to fully investigate all the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within circumstances. The parties acknowledge that the time limits set forth, or out in both the grievance will and arbitration procedures must be deemed strictly complied with except by written agreement to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both partiesextend them. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then the 8.01 The party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, selected shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Canada Ontario, who shall make such appointmentappointments. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision that which shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. . 8.02 The Arbitration Board shall not have jurisdiction any authority to alter, alter or change, change in any manner, manner the provisions of this Agreement agreement or to substitute any new provision provisions in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement agreement or in any way modify, add to or detract from, from any provisions provision of this Agreement. agreement. 8.03 Each of the parties hereto shall bear the expense of her its own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses expense of the Chairman of the Arbitration Board. 9.02 Should 8.04 If the parties agree on a person to act as sole Arbitrator in a particular case, he shall have all the powers of an Arbitration Board under this agreement and the parties shall jointly and equally share the expense of the Arbitrator. 8.05 If the Arbitration Board decide decides that a discharge was without just and sufficient cause, the Board may reinstate re-instate the employee and may reimburse her re-imburse him for all time lost from the date of the discharge up to the date of reinstatementre-instatement, less any amounts earned by the employee in the interval, interval or by any other arrangement which is just and equitable equitable. 8.06 The time limits mentioned in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays grievance and holidays hereinafter enumerated and arbitration procedures may only be modified extended by mutual agreement, in writing, otherwise each step must be taken by agreement between the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed parties; provided that the time limits within which a grievance is required to be referred to herein are mandatory on arbitration under Stage Three of the part grievance procedure shall, in the case of both partiesa discharge, discipline, or wage grievance, be extended for a period not exceeding thirty (30) days upon the request in writing of the Union. 9.04 No person 8.07 Notwithstanding anything contained in Article 8, either party may be appointed request the Minister of Labour for Ontario, pursuant to Section 49 of the Labour Relations Act, to refer a grievance to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievancesingle arbitrator. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of request for arbitration must be made in writing within fifteen 5) days after the decision at Step is given. When either party request that a grievance procedure hereinbe submitted to arbitration, then the party desiring arbitration it shall notify make such request in writing addressed to the other party in writing and such notice shall contain and, at the same time, either propose a sole arbitrator or name of the first party's a nominee to the Arbitration Boarda board of arbitration. The recipient of the notice shall, within Within five (5) daysdays thereafter, inform the other party of shall respond to the name of its proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. The If applicable, the two (2) nominees so selected, shall proceed attempt to select by agreement a third person who shall act as Chairman chairperson for the board of the Arbitration Boardarbitration. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail they are unable to agree upon a Chairman such chairperson within fifteen (15) ten days, either party may apply to request the Minister of Labour for Canada to assist them in selecting a chairperson. No person may be appointed as an arbitrator who shall make such appointment. The Arbitration Board shall hear and determine has been involved in an attempt to negotiate or settle the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreementgrievance. Each of the parties Parties hereto shall will bear the expense of her own the nominee to the Arbitration Board appointed by it, and the parties shall Parties will jointly and equally share bear the expenses of the Chairman of the Arbitration Board. 9.02 Should , if any. The Arbitration Board 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. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. The proceedings of the Arbitration Board decide that will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a discharge was without just majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall be final and sufficient causebinding upon the Parties hereto. At any stage of the grievance procedure including arbitration, the Board conferring Parties may reinstate have the assistance of the employee or employees concerned and may reimburse her for any necessary witnesses, and all time lost from reasonable arrangements will be made to permit the date of discharge up conferring Parties to fully investigate all the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within circumstances. The parties acknowledge that the time limits set forth, or out in both the grievance will and arbitration procedures must be deemed strictly complied with except by written agreement to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both partiesextend them. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should ‌ 16.01 Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of the grievance procedure herein, then the party desiring request for arbitration shall notify the other party must be made in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days after the decision at Step #2 is given. 16.02 When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon such chairperson within ten (10) days, either party may apply to request the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue to assist them in selecting a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. chairperson. 16.03 Each of the parties Parties hereto shall will bear the expense of her own nominee to the Arbitration Board arbitrator appointed by it, and the parties shall Parties will jointly and equally share bear the expenses of the Chairman of the Arbitration Board, if any. 9.02 Should 16.04 The Arbitration Board 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. 16.05 No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. 16.06 The proceedings of the Arbitration Board decide that will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a discharge was without just majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall be final and sufficient causebinding upon the Parties hereto. 16.07 At any stage of the grievance procedure including arbitration, the Board conferring Parties may reinstate have the assistance of the employee or employees concerned and may reimburse her for any necessary witnesses, and all time lost from reasonable arrangements will be made to permit the date of discharge up conferring Parties to fully investigate all the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitrationcircumstances. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within 16.08 The parties acknowledge that the time limits set forth, or out in both the grievance will and arbitration procedures must be deemed strictly complied with except by written agreement to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both partiesextend them. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should 17.01 Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of the request for arbitration must be made in writing within fifteen 17.02 When either party request that a grievance procedure hereinbe submitted to arbitration, then the party desiring arbitration it shall notify make such request in writing addressed to the other party in writing and such notice shall contain and, at the same time, either propose a sole arbitrator or name of the first party's a nominee to the Arbitration Boarda board of arbitration. The recipient of the notice shall, within Within five (5) daysdays thereafter, inform the other party of shall respond to the name of its proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. The If applicable, the two (2) nominees so selected, shall proceed attempt to select by agreement a third person who shall act as Chairman chairperson for the board of the Arbitration Boardarbitration. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail they are unable to agree upon a Chairman such chairperson within fifteen ten (1510) days, either party may apply to request the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue to assist them in selecting a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Boardchairperson. 9.02 Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 17.03 No person may be appointed to a Board of Arbitration as an arbitrator who has participated directly been involved in an attempt to negotiate or settle the grievance. 9.05 17.04 Each of the Parties hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. 17.05 The Arbitration Board 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. 17.06 No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure. 17.07 The proceedings of the Arbitration Board will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall select a date for hearing be final and binding upon the Parties hereto. 17.08 At any stage of the grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all hearings of reasonable arrangements will be made to permit the Board of Arbitration constituted under conferring Parties to fully investigate all the terms of this Agreement shall circumstances. 17.09 The parties acknowledge that the time limits set out in both the grievance and arbitration procedures must be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented strictly complied with except by each party and each party shall be entitled written agreement to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearingextend them.

Arbitration of Grievances. 9.01 Should any grievance, including a question as to whether or not a matter is arbitrable, not be satisfactorily settled pursuant to the provisions of the grievance procedure herein, then the party desiring arbitration shall notify the other party in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days, either party may apply to the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Board. 9.02 Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 No person may be appointed to a Board of Arbitration who has participated directly in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings of the Board of Arbitration constituted under the terms of this Agreement shall be held in Sault Ste. Marie▇▇▇▇▇, Ontario. Briefs of argument may be presented by each party and each party shall be entitled to reply to the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance of the date set for the hearing.

Arbitration of Grievances. 9.01 Should 16.01 Failing settlement under the foregoing procedure of any grievancegrievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including a any question as to whether or not a the matter is arbitrable, not such grievance may be satisfactorily settled pursuant submitted to arbitration as hereinafter provided. If arbitration is to be invoked, the provisions of the grievance procedure herein, then the party desiring request for arbitration shall notify the other party must be made in writing and such notice shall contain the name of the first party's nominee to the Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its nominee. The two (2) nominees so selected, shall proceed to select a third person who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint a nominee or if the two (2) nominees so appointed fail to agree upon a Chairman within fifteen (15) days after the decision at Step #2 is given. 16.02 When either party requests that a grievance be submitted to arbitration, it shall make such request in writing addressed to the other party and, at the same time, either propose a sole arbitrator or name a nominee to a board of arbitration. Within five (5) days thereafter, the other party shall respond to the proposal (by accepting the proposed sole arbitrator or proposing another sole arbitrator) or shall appoint a nominee, as the case may be. If applicable, the two nominees shall attempt to select by agreement a chairperson for the board of arbitration. If they are unable to agree upon such chairperson within ten (10) days, either party may apply to request the Minister of Labour for Canada who shall make such appointment. The Arbitration Board shall hear and determine the difference or allegation and shall issue to assist them in selecting a decision that shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board and in the event that there is no majority, the decision of the Chairman shall govern. The Arbitration Board shall not have jurisdiction to alter, or change, in any manner, the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the terms and conditions of this Agreement or in any way modify, add to or detract from, any provisions of this Agreement. Each of the parties hereto shall bear the expense of her own nominee to the Arbitration Board and the parties shall jointly and equally share the expenses of the Chairman of the Arbitration Boardchairperson. 9.02 Should the Arbitration Board decide that a discharge was without just and sufficient cause, the Board may reinstate the employee and may reimburse her for all time lost from the date of discharge up to the date of reinstatement, less any amounts earned by the employee in the interval, or by any other arrangement which is just and equitable in the opinion of the Board of Arbitration. 9.03 Time limits specified in this Agreement are exclusive of Saturdays, Sundays and holidays hereinafter enumerated and may only be modified by mutual agreement, in writing, otherwise each step must be taken by the party concerned within the time limits set forth, or the grievance will be deemed to have been abandoned. It is further understood and agreed that the time limits referred to herein are mandatory on the part of both parties. 9.04 16.03 No person may be appointed to a Board of Arbitration as an arbitrator who has participated directly been involved in an attempt to negotiate or settle the grievance. 9.05 The Board of Arbitration shall select a date for hearing and all hearings 16.04 Each of the Parties hereto will bear the expense of the nominee appointed by it, and the Parties will jointly bear the expenses of the Chairman of the Arbitration Board, if any. 16.05 The Arbitration Board of Arbitration constituted under shall not be authorized to make any decision inconsistent with the terms provisions of this Agreement Agreement, nor to alter, modify or amend any part of this Agreement. 16.06 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. 16.07 The proceedings of the Arbitration Board will be expedited by the Parties hereto, and the decision of the majority of such board will be final and binding upon the Parties hereto. If a majority decision is not possible, then within a ten (10) day period the decision in writing of the Chairman shall be held in Sault Ste. Marie, Ontario. Briefs of argument may be presented by each party final and each party shall be entitled to reply to binding upon the brief of argument presented by the other. A party intending to file a brief shall provide the other party with a copy of same one week in advance Parties hereto. 16.08 At any stage of the date grievance procedure including arbitration, the conferring Parties may have the assistance of the employee or employees concerned and any necessary witnesses, and 16.09 The parties acknowledge that the time limits set for out in both the hearinggrievance and arbitration procedures must be strictly complied with except by written agreement to extend them.