Common use of ARBITRATION PROCEDURE AND HEARING Clause in Contracts

ARBITRATION PROCEDURE AND HEARING. (a) Disputes other than specific employee grievances or disciplinary or discharge appeals, may be submitted to arbitration by either the Company or District Lodge 140 provided the issue in question concerns the interpretation or alleged violation of any provision of this Agreement. The question as to whether or not any such issue is arbitrable may also be submitted to arbitration. (b) Should the Company and District Lodge 140 fail to reach an agreement upon a specific employee grievance dealt with under Article 17 and provided the grievance involves the interpretation or the alleged violation of any provision of this Agreement, or should District Lodge 140 be dissatisfied with the final decision of the Company rendered under Article 17, District Lodge 140 shall be entitled to submit the case to arbitration. The question as to whether or not any such issue is arbitrable may also be submitted to arbitration. No dispute involving a specific employee grievance or disciplinary appeal shall be submitted to arbitration until it shall first have been handled through the preceding steps of the appropriate appeal procedure unless agreed to by the Company and the Union. (c) District Lodge 140 or the Company, whatever party contemplates arbitration shall notify the other party in writing within sixty (60) clear calendar days from the date of the Company's final grievance or discipline appeal decision of their intent to arbitrate, including a selection of single arbitrators for review by the other party, or advice that the matter is being withdrawn from arbitration. (d) Any decision not submitted to arbitration within the time limits referenced in Article 17.17 (c), shall be final and binding upon the Company, the employee and the Union. (e) Within fifteen (15) days, the other party will confirm their agreement with one of the single arbitrators identified in the correspondence referenced in Article 17.17 (c) or notify the other party, in writing, of their non- acceptance and provide an alternative selection of single arbitrators. (f) Following receipt of the advice regarding the selection of single arbitrator referenced in 17.17 (c) and should the parties fail within thirty (30) clear calendar days, to agree on a single arbitrator, the Minister of Labour for Canada may be requested by the parties, acting jointly, or by either party acting separately, to appoint an arbitrator. (g) The arbitrator shall convene a meeting of the parties, take relevant evidence and make every effort to complete the hearing of the case within thirty (30) days of his appointment and to issue a written decision to the parties, within fifteen (15) days of the hearing. (h) The decision of the arbitrator shall be final and binding upon the Company, the employees and the Union. (i) Intentionally left blank (j) The arbitrator shall not, in the case of a grievance appeal, make any decision inconsistent with the provisions of this Agreement, nor shall he alter, modify, or amend any part of this Agreement, but he shall have the authority to determine, except as limited by the Agreement, the compensation to which an aggrieved party may be entitled. (k) In the case of disciplinary or discharge appeals, the arbitrator may either uphold the Company's final decision, fully exonerate and reinstate the employee with pay for all time lost, or render such intermediate decision as he considers just and equitable.

ARBITRATION PROCEDURE AND HEARING. (a) Disputes other than specific employee grievances or disciplinary or discharge appeals, may be submitted to arbitration by either the Company or District Lodge 140 provided the issue in question concerns the interpretation or alleged violation of any provision of this Agreement. The question as to whether or not any such issue is arbitrable may also be submitted to arbitration. (b) Should the Company and District Lodge 140 fail to reach an agreement upon a specific employee grievance dealt with under Article 17 and provided the grievance involves the interpretation or the alleged violation of any provision of this Agreement, or should District Lodge 140 be dissatisfied with the final decision of the Company rendered under Article 17, District Lodge 140 shall be entitled to submit the case to arbitration. The question as to whether or not any such issue is arbitrable may also be submitted to arbitration. No dispute involving a specific employee grievance or disciplinary appeal shall be submitted to arbitration until it shall first have been handled through the preceding steps of the appropriate appeal procedure unless agreed to by the Company and the Union. (c) District Lodge 140 or the Company, whatever party contemplates arbitration shall notify the other party in writing within sixty (60) clear calendar days from the date of the Company's final grievance or discipline appeal decision of their intent to arbitrate, including a selection of single arbitrators for review by the other party, or advice that the matter is being withdrawn from arbitration. (d) Any decision not submitted to arbitration within the time limits referenced in Article 17.17 (c), shall be final and binding upon the Company, the employee and the Union. (e) Within fifteen (15) days, the other party will confirm their agreement with one of the single arbitrators identified in the correspondence referenced in Article 17.17 (c) or notify the other party, in writing, of their non- non-acceptance and provide an alternative selection of single arbitrators. (f) Following receipt of the advice regarding the selection of single arbitrator referenced in 17.17 (c) and should the parties fail within thirty (30) clear calendar days, to agree on a single arbitrator, the Minister of Labour for Canada may be requested by the parties, acting jointly, or by either party acting separately, to appoint an arbitrator. (g) The arbitrator shall convene a meeting of the parties, take relevant evidence and make every effort to complete the hearing of the case within thirty (30) days of his appointment and to issue a written decision to the parties, within fifteen (15) days of the hearing. (h) The decision of the arbitrator shall be final and binding upon the Company, the employees and the Union. (i) Intentionally left blank (j) The arbitrator shall not, in the case of a grievance appeal, make any decision inconsistent with the provisions of this Agreement, nor shall he alter, modify, or amend any part of this Agreement, but he shall have the authority to determine, except as limited by the Agreement, the compensation to which an aggrieved party may be entitled. (k) In the case of disciplinary or discharge appeals, the arbitrator may either uphold the Company's final decision, fully exonerate and reinstate the employee with pay for all time lost, or render such intermediate decision as he considers just and equitable.