Common use of Arbitration Process Clause in Contracts

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationan Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) working calendar days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten fourteen (1014) working calendar days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chair Chairman within ten fourteen (1014) working calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten fourteen (1014) working calendar days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten fourteen (1014) working calendar days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question as to whether a matter is arbitrable arbitrable, shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any rendering its decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Long Term Care Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Long Term Care Home.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee Nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Arbitration Process. (a) 10.01 When either party requests that a grievance be submitted to Arbitrationan Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. The Parties may mutually agree to use a single arbitrator in lieu of a Board. 10.02 If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) 10.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairChairman. (d) 10.04 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration Single Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) 10.05 All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives Representatives and the Union and its representatives Representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) 10.06 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) 10.07 At any stage of the grievance procedureGrievance Procedure, including Arbitrationor the Arbitration Procedure, the parties may have the assistance of the employee (or employees) concerned as a witness, all . All reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationan Arbitration Board, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a 9.01 Failing settlement under the foregoing procedure of any grievance be submitted arising from the interpretation, application, or administration, or alleged violation of this agreement, or any question as to Arbitrationwhether an issue is arbitrable, the request shall grievance may be referred to arbitration by either the Employer or the Union, provided it is done within twenty (20) working days of the decision in writing addressed 8.04 (c) or 8.07. 9.02 Notice of intention to the other party proceed to this Agreement arbitration will be sent by Registered Mail or by electronic transmission and shall contain the name of the first party's nominee appointee to the Board of Arbitration. . 9.03 The recipient of the notice shall, shall within ten (10) working days thereafter designate its nominee appointee to the Board of Arbitration. by Registered Mail or by electronic transmission to the initiating party. 9.04 The two (2) so nominated appointed shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees second party fails to appoint its member within ten (10) working days as provided above, or if the two appointees are unable to agree upon a the third person as Chair within ten (10) working days after the appointment of the second one of themsecond, then either party may request the Ministry Minister of Labour for the Province of on Ontario to appoint the third other's member as or the Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlementBoard. (b) 9.05 No person may be appointed as an Arbitrator arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) 9.06 The Board of Arbitration shall not have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify modify, or amend this Agreement agreement in order to give any decision inconsistent with it. decision. 9.07 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority majority, the decision of the Chair shall govern. (f) All agreements reached under 9.08 In the event that the party submitting a grievance and Arbitration procedures between to arbitration is content that the Employer and its representatives and the Union and its representatives will issue could be final and binding upon the Employerdealt with by a sole arbitrator as opposed to a tripartite board as defined above, the Union party shall so signify when advising the other party of its intention to proceed to arbitration, and the employee(s) involvedshall name three alternative choices for a sole arbitrator, in addition to its appointee to a tripartite board. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 2 contracts

Sources: Collective Agreement, Collective Bargaining Agreement

Arbitration Process. (a) When Subject to clause 32.9, either party requests that a grievance be submitted Party may submit any Dispute to Arbitration, the request shall be in writing addressed arbitration by Notice to the other party to this Agreement and shall contain Party (Notice for Arbitration), including the name of the first party's nominee proposed arbitrator, in which case the following procedure shall apply: (a) if the Party receiving a Notice for Arbitration does not wish to accept the Board appointee as sole arbitrator, it shall within 14 Days of Arbitration. The recipient receipt of the notice shall, within ten (10) working days thereafter designate its nominee to Notice for Arbitration notify the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment other Party of the name of its appointee as a second arbitrator; (b) if the Party receiving a Notice for Arbitration does not give Notice of themits appointee within the time referred to in paragraph (a), to agree upon the arbitrator nominated in the Notice of Arbitration will be the sole arbitrator for the arbitration; (c) if two arbitrators are appointed, the arbitrators shall promptly following appointment jointly appoint a third person to who shall act as Chair of umpire in the Board of Arbitration. If event that the nominees arbitrators are unable to agree upon a third person as Chair within ten (10) working days after in their award. If the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario arbitrators fail to appoint the third member as Chair an umpire within 15 Days of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second arbitrator, then upon the request of themeither Party, or prior to the appointment umpire shall be appointed by the President for the time being of the Chair within Law Society of South Australia or in the said period event of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each that person’s absence by any senior office bearer of the parties shall pay its own expenses including pay for witnesses and the expenses Law Society of its own nominee and one-half (½) of the expenses and fees of the Chair.South Australia; (d) The Board once appointed, an arbitrator shall in no way represent any Party. Neither in deciding the identity and appointment of Arbitration an umpire nor in any other way shall have authority only an arbitrator accept instructions or any expression of wishes from any Party, except where the arbitrators and the umpire jointly determine to settle disputes under seek instructions or expressions of wishes, or where the terms Parties join in instructions or an expression of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable.wishes; (e) The Board of Arbitration unless otherwise agreed between the Parties, the arbitration shall have no power take place in Adelaide pursuant to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision the provisions of the majority Commercial Arbitration Act 2011 (SA) and the laws governing the determination of the members of the Board of Arbitration Dispute shall be the decision laws of the Board, but if there is no majority the decision of the Chair shall govern.South Australia; (f) All agreements reached under the grievance and arbitration rules of the Australian Centre for International Commercial Arbitration procedures (Rules), as in force from time to time, shall apply to the arbitration. In the case of any inconsistency between the Employer and its representatives this Agreement and the Union and its representatives Rules, this Agreement will be final and binding upon the Employer, the Union and the employee(s) involved.prevail; (g) Any grievance involving if an arbitrator requires any Party to make discovery of documents in respect of the interpretation arbitration, the Parties agree to limit the scope of discovery such that a Party is only required to give discovery of documents: (i) that are directly relevant to the issues raised in the arbitration; (ii) of which, after a reasonable search, the Party is aware; and (iii) that are, or applicationhave been, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made in the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party.Party’s control; (h) At any stage the arbitrator or arbitrators will provide a determination in writing with supporting reasons. If there are two arbitrators and they fail to agree on a joint determination, they shall issue a statement to that effect and their separate determinations and reasons, which will be referred to the umpire for the umpire’s consideration and determination (which will not involve a new consideration of the grievance procedure, including Arbitration, the parties may have the assistance facts and circumstances of the employee Dispute) and the umpire shall make a determination in writing with supporting reasons which shall be deemed to be the final award in the arbitration; and (i) the Parties agree that the arbitration (including all materials created or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere received in connection with the function of arbitration) is to be kept confidential, save as for provided in the Nursing HomeCommercial Arbitration Act 2011 (SA).

Appears in 2 contracts

Sources: Gas Transportation Agreement, Gas Transportation Agreement

Arbitration Process. (a) 12.01 When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the a third member as Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to a mutual settlement. (b) 12.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) 12.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses expense of its own nominee Nominee and one-half (½) of the expenses and fees of the Chair. (d) 12.04 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrablearbitrated. (e) 12.05 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) 12.06 All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) 12.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party. (h) 12.08 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or of the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time time, and so as not to interfere with the function of the Nursing Home.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient Recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person to act as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to a mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Boardboard, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer Employee and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. (i) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairperson of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairperson within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairperson of the Board of Arbitration. . (ii) The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairperson within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairperson. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairperson shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation interpretation, or application, administration administration, or alleged violation of this Agreement Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, concerned unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Long Term Care Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeLong Term Care Residence .

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that If a grievance be submitted to ArbitrationClaim Notice, Indemnity Notice or Purchaser's Notice is given in accordance with the request shall be in writing addressed to the other party to provisions of this Agreement and the party receiving the notice disputes the coverage of the claim under the provisions of Article IX ("Coverage of the Claim") or the amount of the claim (the "Amount of the Claim"), then at any time on or before the date occurring thirty (30) days after such claim is disputed, either party may initiate the arbitration of the Coverage of the Claim or Amount of the Claim by giving notice to that effect which notice shall contain specify the name and address of the first person designated to act as an arbitrator on its behalf. Within fifteen (15) days after the notified party receives such notice from the notifying party's nominee , the notified party shall give notice to the Board notifying party specifying the name and address of Arbitrationthe person designated to act as an arbitrator on its behalf. The recipient of two arbitrators so chosen shall meet within ten (10) days after the notice shallsecond arbitrator is appointed, and if, within ten (10) working days thereafter designate its nominee to after the Board second arbitrator is appointed, the two arbitrators do not agree upon the Coverage of Arbitrationthe Claim or the Amount of the Claim, they shall together appoint a third arbitrator. The two (2) so nominated shall endeavourIf, within ten fifteen (1015) working days after the appointment of the second of themarbitrator, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees two arbitrators are unable to agree upon the third arbitrator or they otherwise fail to make such appointment, the third arbitrator shall be selected by the parties themselves if they can agree thereon within a third person as Chair further period of five (5) days. If the parties do not so agree, then either party upon notice to the other made within ten thirty (1030) working days after the appointment of the second one of themarbitrator, may request such appointment by the American Arbitration Association (or any organization successor thereto) in accordance with its rules then prevailing or if the American Arbitration Association (or such successor organization) shall fail to appoint said third arbitrator within fifteen (15) days after such request is made, then either party may request apply within five (5) days after such fifteen (15) day period, upon notice to the Ministry of Labour for other, to the Province of Ontario to appoint the third member as Chair Senior Judge of the Board Federal District Court of Arbitration. The the Northern District of Texas (or any other court having jurisdiction and exercising functions similar to those now exercised by said two (2Court) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of for the appointment of such third arbitrator. (a) Each party shall pay the second of them, or prior to the appointment fees and expenses of the Chair within original arbitrator appointed by or for such party, and all other expenses of the said period arbitration (not including the attorneys' fees and similar expenses of ten (10the parties which shall be borne separately by each of the parties) working days, to discuss shall be borne by the grievance submitted to them with a view to mutual settlementparties equally. (b) No person If a third arbitrator is chosen as provided above, and the Amount of the Claim is in issue, then such third arbitrator shall select either the Amount of the Claim determined by the arbitrator appointed by or for SWLIC or the Amount of the Claim determined by the arbitrator selected by Purchaser, whichever is closer to the Amount of the Claim determined by the third arbitrator; the third arbitrator may be not select any other amount, and may not "split the difference" between the determinations of the arbitrators selected or appointed as an Arbitrator who has been involved in an attempt by or for the parties. The third arbitrator shall so determine the amount of the claim and render a written certified report of his determination to negotiate or settle both SWLIC and Purchaser within ten (10) days after appointment of the particular grievance concerned, unless otherwise mutually agreedthird arbitrator. (c) Each If a third arbitrator is chosen as provided above, and the Coverage of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) Claim is in issue, a majority of the expenses and fees three arbitrators shall determine the Coverage of the ChairClaim and such majority shall render a written certified report of their determination to both SWLIC and Purchaser within ten (10) days after the appointment of the third arbitrator. (d) The Board Each of Arbitration the arbitrators selected as herein provided shall have authority only at least ten (10) years experience in the multifamily real estate business in the location of the Property as to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement which a claim has been made (or ten (10) year retail experience with respect to the facts Property commonly described as Northgate). In addition, each of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable arbitrators shall be arbitrablean independent party not affiliated in any way with SWLIC, Seller-Related Persons or Purchaser-Related Persons. (e) The Board of Arbitration decision or judgment issued by the arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement be in order to give any writing and final and conclusive upon the parties. Judgment may be had on the decision inconsistent with it. The decision and award of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance arbitrator and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeentered in any court having jurisdiction thereof.

Appears in 1 contract

Sources: Purchase Agreement (Insignia Financial Group Inc)

Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act. 10.12 In the event that either party requests that a grievance be submitted proceeds to Arbitrationarbitration, the request it shall be in writing addressed to notify the other party to this Agreement and shall contain in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the first party's nominee Step No. 3 response is given, the grievance shall be deemed to the Board of Arbitration. The recipient have been abandoned unless such timeframe is extended by mutual written agreement of the notice shall, within parties. Within ten (10) working calendar days thereafter designate of receipt of such notice, the party shall notify the other of the name of its nominee to the Board of Arbitrationnominee. The two nominees shall than select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable. 10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ During the term of this agreement, the parties may add to this list by mutual written agreement. 10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson. 10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure. 10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, not to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement. 10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned. 10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties. 10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter thereafter, designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is us arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority majority, the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act. 10.12 In the event that either party requests that a grievance be submitted proceeds to Arbitrationarbitration, the request it shall be in writing addressed to notify the other party to this Agreement and shall contain in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the first party's nominee Step No. 3 response is given, the grievance shall be deemed to the Board of Arbitration. The recipient have been abandoned unless such timeframe is extended by mutual written agreement of the notice shall, within parties. Within ten (10) working calendar days thereafter designate of receipt of such notice, the party shall notify the other of the name of its nominee to the Board of Arbitrationnominee. The two nominees shall than select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable. 10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ During the term of this agreement, the parties may add to this list by mutual written agreement. 10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson. 10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure. 10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, not to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement. 10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned. 10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties. 10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee ’s Nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter thereafter, designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairperson of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chair Chairperson within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairperson of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty liberty, prior to the expiration of ten (10) working days from the date of the appointment of the second of them, them or prior to the appointment of the Chair Chairperson within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee Nominee and one-half (½1/2) of the expenses and fees of the ChairChairperson. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (fe) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (g) . Any grievance settlement involving the interpretation or interpretation, application, administration or alleged violation of this Agreement or any statute, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (hf) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will . Arrangements shall be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeResidence.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement Agreement, and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) working calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten fourteen (1014) working calendar days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten fourteen (1014) working calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-one- half (½) of the expenses and fees of the ChairChairman. d) The Board of Arbitration 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. e) The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the Employee(s) involved. g) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the Employee (dor Employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Branch to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the Branch. h) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question questions as to whether a matter is arbitrable arbitrable, shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When If either party requests part advises the other that a grievance be submitted it does not agree to Arbitrationsubmit to Grievance mediation pursuant to article 9.01, the request shall party with the grievance may refer the grievance to arbitration within ten (10) working days from the decision denying the grievance. If arbitration is to be in writing addressed to the other party to this Agreement and shall contain invoked, written notice containing the name of the first party's moving parties' nominee to the Board of ArbitrationArbitration must be served upon the other party. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourEndeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour Labor for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten often (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten often (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the ChairChairman or sole Arbitrator. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts fac1s of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (fe) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (gf) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or any Statute, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (hg) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will . Arrangements shall be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeResidence.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.the (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement Agreement, and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten fourteen (1014) working calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavourendeavor, within ten fourteen (1014) working calendar days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten fourteen (1014) working calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the ChairChairman. d) The Board of Arbitration 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. e) The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the Employee(s) involved. g) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the Employee (dor Employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Branch to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the Branch. h) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement Agreement, including a question questions as to whether a matter is arbitrable arbitrable, shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When 10.11 It is agreed by the parties hereto that any grievance arising from the difference of opinion relating to the interpretation, application or administration of this agreement which cannot be settled after exhausting the grievance procedure shall be settled by arbitration which is defined in the Ontario Labour Relations Act. 10.12 In the event that either party requests that a grievance be submitted proceeds to Arbitrationarbitration, the request it shall be in writing addressed to notify the other party to this Agreement and shall contain in writing of its intentions within thirty (30) calendar days of the receipt of the answer at Step 3 along with the name of its nominee on an Arbitration Board. If no written request for arbitration is received within thirty (30) calendar days after the first party's nominee Step No. 3 response is given, the grievance shall be deemed to the Board of Arbitration. The recipient have been abandoned unless such timeframe is extended by mutual written agreement of the notice shallparties. Within seven (7) calendar days of receipt of such notice, within ten (10) working days thereafter designate the party shall notify the other of the name of its nominee to the Board of Arbitrationnominee. The two nominees shall then select an impartial chairperson. Failing to do so within twelve (212) so nominated shall endeavourcalendar days, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may shall request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitrationa chairperson. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The A Board of Arbitration shall have no power to alter, modify, detract from, suspend, amend, or change, rates of pay or provisions for another provision, but shall have the power to dispose of any grievance by any arrangements which in its opinion it deems just and equitable. 10.13 Upon mutual agreement, the parties may submit the grievance to a single arbitrator who shall have the same power as a Board of Arbitration. The parties agree that one of the following arbitrators will be used as a single arbitrator or as chair of a panel, when necessary: ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ During the term of this agreement, the parties may add to this list by mutual written agreement. 10.14 Each of the parties hereto shall equally bear the expense of its nominee to the Board, and the parties hereto shall jointly bear the expenses and fees of the chairperson. 10.15 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 10.16 All agreements reached under the grievance or arbitration procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon Employer, the Union and the employees involved subject to the provisions re settlements achieved at Step No.1, Complaint Procedure. 10.17 The Arbitrator shall not have the jurisdiction to alter, amend, modify, add to, subtract fromor change any of the provisions of this Agreement, modify or amend this Agreement to substitute any new provisions in order lieu thereof, nor to give any decision inconsistent with it. the terms and provisions of this Agreement, or to deal with any matter not covered by this Agreement. 10.18 The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives Arbitrator will be final and binding upon the Employerparties hereto and the employee or employees concerned. 10.19 The time limits set out in the Grievance Process and in the Arbitration Process herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of the Labour Relations Act. Any of the time limits above may be extended by mutual written agreement of the parties. 10.20 If there is a backlog of grievances which have not been heard at Step No. 3 within the applicable time limits, the Union and Employer will, at the employee(sUnion’s request, schedule special grievance meeting(s) involvedto clear the backlog. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) 10.21 At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) employees concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, grievance at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair Chairman within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair Chairman of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair Chairman within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the ChairChairman. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair Chairman shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (101 O) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.nominated (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that In the event a grievance be submitted is forwarded to Arbitrationarbitration in accordance with the terms of this Agreement, the request referring party shall be in writing addressed to forward the other party to this Agreement and shall contain the name matter within (14) calendar days of the first party's nominee to the Board of Arbitration. The recipient receipt of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment response under Step 2 of the second of themgrievance procedure, to agree upon a third person to act as Chair or of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment failure of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario parties to appoint the third member settle a grievance in meditation as Chair of the Board of Arbitration. The said two set out in Article 8.06 (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement.h) (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement or Legislation and only to interpret and apply this Agreement or Legislation to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement or Legislation., including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or Legislation which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to . have access to any part of the Nursing Home Employer's operation to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeworkplace.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(sEmployee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee Employee (or employeesEmployees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home, or the residents’ right to privacy.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) 9.01 When either party requests that a grievance be submitted that has been properly processed through the grievance procedure in Article 8 proceed to Arbitrationarbitration, the request it shall be in writing addressed to notify the other party in writing of its desire to this Agreement submit the grievance to arbitration and inform the other party in writing of three (3) proposed Arbitrators. This notice shall contain the name a copy of the first party's original grievance. The recipient of such notice shall respond within ten (10) calendar days of the receipt of the letter of their acceptance or rejection of the proposed Arbitrators, along with its list of proposed Arbitrators, until an Arbitrator can be mutually agreed upon. Failing such agreement, either party shall be entitled to ask the Ministry of Labour for the Province of Ontario to appoint an arbitrator. 9.02 As an alternative to the appointment of a single arbitrator as per Article 9.01, the parties may agree to the appointment of a tripartite Board of Arbitration. The Union shall, in writing, notify the Employer of the Union’s nominee to the Board of Arbitration. The recipient of the notice Employer shall, within ten fourteen (1014) working calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten fourteen (1014) working calendar days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as the Chair within ten fourteen (1014) working calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. . 9.03 The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of themArbitrator, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration Arbitration, shall have authority only to settle disputes under the terms of this Agreement or Legislation and only to interpret and apply this Agreement or Legislation to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement or Legislation, including a question as to whether a matter is arbitrable arbitrable, shall be arbitrable. (e) 9.04 The decision of the arbitrator or majority of the Arbitration Board, as the case may be, shall be final and binding and enforceable on all parties, but in no event shall the arbitrator or Arbitration Board of Arbitration shall have no the power to change the Agreement, or to alter, modify, add to, subtract from, modify or amend any of its provisions. However, the Arbitrator or Arbitration Board shall have the power to dispose of any discharge or discipline grievance by any arrangement which in its opinion it deems just and equitable unless otherwise addressed in this Agreement in order to give any decision inconsistent with itAgreement. The decision of the Where there is no majority of the members of the Board of Arbitration shall be Board, the decision of the Board, but if there is no majority the decision of the Chair Chairperson shall govern. (f) 9.05 Each of the parties to this Agreement will pay the fees and disbursements of its own representatives at Arbitration, including their own nominee if applicable, and will share equally the fees and disbursements of the Arbitrator or chairperson. 9.06 All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) 9.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement or Legislation which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At 9.08 No person shall act as an arbitrator or sit on an Arbitration Board who has been involved in attempts to settle any stage grievance except by mutual agreement of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Homeparties.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (101 0) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (101 0) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (101 0) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (101 0) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½%) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs costs. of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.or

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Long Term Care Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeLong Term Care Residence.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitrationarbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee Nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees Nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees Nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may any be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working days after the appointment of the second of them, to agree upon a third person to act as Chair of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair within ten (10) working days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chair of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working days from the date of the appointment of the second of them, or prior to the appointment of the Chair within the said period of ten (10) working days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chair. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair shall govern. (f) All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Sources: Collective Agreement

Arbitration Process. (a) When either party requests that a grievance be submitted sub-mitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's ’s nominee to the Board of Arbitration. The recipient of the notice shall, within ten (10) working calendar days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) working calendar days after the appointment of the second of them, to agree upon a third person to act as Chair chairperson of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chair chairperson within ten (10) working calendar days after the appointment of the second one of them, then either party may request the Ministry Minister of Labour for the Province of Ontario to appoint the third member as Chair chairperson of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of ten (10) working calendar days from the date of the appointment of the second of them, them or prior to the appointment of the Chair chairperson within the said period of ten (10) working calendar days, to discuss the grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned, unless otherwise mutually agreed. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half (½1/2) of the expenses and fees of the Chairchairperson. (d) The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement agreement and only to interpret and apply this Agreement agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement agreement including a question as to whether a matter is arbitrable shall be arbitrable. (e) The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chair chairperson shall govern. (f) All agreements reached under the grievance and Arbitration arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union and the employee(s) involved. (g) Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration arbitration shall be awarded to or against any party. (h) At any stage of the grievance procedure, including Arbitrationarbitration, the parties may have the assistance of the employee (or employees) concerned as a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home Bayview Retirement Residence to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Nursing HomeBayview Retirement Residence.

Appears in 1 contract

Sources: Collective Agreement