Common use of ARTICLE Clause in Contracts

ARTICLE. If any dispute about the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration shall the other party in writing of this desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall, within five (5) working days, inform the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within ten (1O) working days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint a nominee, the appointment shall be made by the Minister of Labour for Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties and upon their respective members. The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. The arbitration board shall have no power to add to or subtract from or any of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed.

ARTICLE. If any dispute about When the interpretation or application parties mutually agree, grievances which have been properly processed through all of particular clauses the requisite steps of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined in Article Grievance Procedure within the matter prescribed time limits may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a single arbitrator. Where such mutual agreement does not exist, grievances shall be submitted to a Board of Arbitration for adjudicationArbitration. The party desiring wishing to submit the dispute grievance to arbitration a single arbitrator shall make such request in writing, by registered mail, including the names of three (3) proposed arbitrators to the other party in writing within ten 0) working days after the receipt of this desire and the notice reply at Step of the Grievance Procedure. The other party shall contain respond within ten (10) working days after the receipt of the request for a single arbitrator, with the name of the first individual that the party has selected from the list provided, or three (3) alternative arbitrators. If the party requesting arbitration does not agree to any of the names proposed by the other party's nominee , the matter shall be referred within ten (10) working days to the Ministry of labour for appointment of an arbitration boardarbitrator by the Ministry. The recipient single arbitrator shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any employee affected by it. No person may be appointed as arbitrator who has been involved in an attempt to negotiate or settle the grievance. The arbitrator shall not have the authority to alter, modify, change, add to or detract any of the notice shallprovisions of this Collective Agreement or to substitute any new provisions in lieu thereof or to give any decision contrary to the provisions of this Collective Agreement or to provide redress applicable to the time prior to the date of the filing of the grievance. The parties agree to share equally the costs associated with the appointment of the single arbitrator. The Board of Arbitration shall be composed of one (1) person appointed by the Bureau, within five one person appointed by the Local and one (51) person to act as Chair chosen by the Bureau and Local appointee. Within ten (10) working daysdays of the request of either party for a Board of Arbitration, inform the other party shall notify, in writing, the party requesting arbitration of the name of its nominee their appointee to the Board. Should the other fail to so within the time limits prescribed, the party requesting the arbitration boardmay apply to the Minister of Labour within ten (10) working days requesting the appointment of a representative for the other party. The two (2) nominees so selected shall, appointees shall within ten (1O10) working days of the appointment of the second of them, appoint a third person who shall be act as Chair. Should the Chairman. If appointees chosen by the recipient parties fail to agree upon a third person to act as Chair within ten (10) working days of the notice fails appointment of the second, a party may apply to appoint a nominee, the appointment shall be made by the Minister of Labour for Ontario upon the request appointment of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either partyChair. The arbitration board, when selected or appointed, Board of Arbitration shall proceed as soon as practicable to hear and determine the dispute grievance at issue and it shall issue a decision. The decision which is shall be final and binding upon the parties hereto, and upon their respective membersany Employee affected by it. The decision of a the majority is shall be the decision of the arbitration board, Board of Arbitration but if there is no majority, not a majority the decision of the Chairman governsChair shall govern. The arbitration board Board of Arbitration shall not have no power the authority to add to alter or subtract from or change any of the terms provisions in the Collective Agreement, or to substitute any new provisions in lieu thereof, or to give any decision contrary to the express intent of this Collective Agreement. The arbitration board shall not substitute its discretion for that Each of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party Collective Agreement shall pay for the fees and expenses disbursements of its nominee, whether appointed by appointee to the party or by the Minister Board of Labour for Ontario, Arbitration and shall share equally the fees and expenses disbursements of the Chairman Chair of the Board of Arbitration. No person who has been involved in any attempt to negotiate or settle the grievance shall be shared equally by the partiesa member of that Board of Arbitration. The time limits as to both documents and procedure set out fixed in the above Sections shall this arbitration process may be observed extended by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedmutual consent.

ARTICLE. If any dispute about the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the When either party requests that a grievance procedure outlined in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party in writing to this Agreement, and at the same time nominate an arbitrator. Within five (5) working days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of this desire and Labour for the notice Province of Ontario shall contain have power to effect such appointment upon application thereto by the name of the first party's nominee to an arbitration boardparty invoking arbitration. The recipient of the notice shall, two arbitrators so nominated shall confer within five (5) working days, inform the other party days and shall attempt to select by agreement a Chairman of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within ten (1O) working days of the appointment of the second of them, appoint a third person who shall be the ChairmanArbitration Board. If the recipient of the notice fails they are unable to appoint agree upon such a nomineeChairman within such period, the appointment they shall be made by then request the Minister of Labour for the Province of Ontario upon to appoint an impartial Chairman. No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the request grievance or in processing the grievance. The Arbitration Board shall not make any decision inconsistent with the provisions of this Agreement nor alter, modify or amend any part of this Agreement but shall only consider the question in dispute. No matter shall be submitted to which has not been properly lodged and carried through all previous steps of the other partyGrievance Procedure. If the two (2) nominees fail to agree upon a Chairman, the services The unanimous or majority decision in writing of the Minister Arbitration Board with respect to the matters coming within the jurisdiction of Labour for Ontario the Board, shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties hereto and upon their respective membersthe employees. The decision of a majority is the decision Each of the arbitration boardparties hereto shall bear the expense of the arbitrator appointed by it and the parties shall jointly and equally bear the fees and expenses, but if there is no majorityany, the decision of the Chairman governsof such Board of Arbitration. The arbitration board shall have no power If the Company and the Union mutually agree to add to or subtract from or any of appoint a single arbitrator, the terms foregoing provisions of this Agreement. The arbitration board Article shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In apply to such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed.single

ARTICLE. If any dispute about Failing settlement under the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the Grievance Procedure, a grievance procedure outlined in Article the matter may be submitted to arbitration. The submission to arbitration must be in writing and delivered to the other party within thirty sixty (3060) days after the decision of its failure of settlement by grievance procedure by either the Company or the Union Union, as the case may be, has been given, or should have been given. Any matter so referred to arbitration shall, if the parties agree, be heard by a Single Arbitrator who shall be selected in rotation from the agreed to panel. If the parties do not agree to a Single Arbitrator, any matter so referred to arbitration shall be heard by a Board of Arbitration for adjudicationthree (3) arbitrators composed of an arbitrator appointed by each of the parties and a third arbitrator who shall be Chair. The Local Union and the Company shall each within ten O) days from the date of notice of arbitration appoint its arbitrator and each party so appointing its arbitrator shall give notice of its appointment to the other party. The Chair shall be selected in rotation from the following panel: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ The parties may by agreement add further names to the panel. The party desiring to submit referring the dispute grievance to arbitration shall the other party in writing of this desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall, within five (fifteen 5) working days, inform the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within ten (1O) working days of the appointment of its arbitrator take all necessary steps for the second selection of thema Chair for the Board of Arbitration in the manner set out in this Article. If, appoint after making all reasonable efforts to select a third person who shall be Chair within the Chairman. If the recipient of the notice fails time limit, there no Chair able or willing to appoint a nomineeact, the appointment shall time limit will be made by extended to the Minister length of Labour for Ontario upon the request of the other party. If the two (2) nominees fail time required to agree upon a Chairman, obtain the services of a Chair. Any individual on the Minister panel who was unable or unwilling to act as Chair when requested shall not again be requested to act as Chair until the individual’s name comes up again on the regular rotation of Labour for Ontario the panel. If an individual is unable or unwilling to act as Chair on six (6) consecutive occasions when requested, the individual shall after the sixth occasion be removed from the panel and a replacement shall be utilized selected by the parties within sixty (60) days. No grievance shall be considered by the arbitrators nor shall they render any decision in connection therewith unless and until a majority of them have first decided that the grievance constitutes a difference between the Company and the request to Union, or the Minister may be made by either party. The arbitration boardemployee initiating the grievance, when selected arising from the interpretation, application, administration or appointed, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties and upon their respective members. The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. The arbitration board shall have no power to add to or subtract from or any of the terms alleged violation of this Agreement. The Rules of Arbitration annexed hereto as Schedule shall govern the conduct of any arbitration board shall not substitute its discretion for that proceedings under this Agreement. The finding of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter majority of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline arbitrators as to the arbitration board seems just facts and reasonable as to the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be conclusive and binding upon all parties concerned but in all circumstancesno event shall the arbitrators be authorized to alter, modify or amend any part of this Agreement. The arbitration board Union and the Company shall respectively pay the expenses of and fees payable to the arbitrator selected by each and the Union and the Company shall each be responsible for one half of the expenses of and fees payable to the Chair. Seniority shall mean the length of continuous service with the Company since the last date of hiring and shall include any period of previous service interrupted by lay off where the employee was rehired and has not declined any permanent recall under this Agreement. An employee will be considered on probation until completion of six (6) months of continuous service with the Company from the last date of hiring unless rehired as a result of recall. Upon completion of the probationary period, the employee’s name shall be placed on the seniority list. The discharge of a probationary employee may be for any reason at the of the Company and shall not exercise any responsibility be made the subject of a grievance or function of the partiesarbitration. The arbitration board shall not deal Company will provide the Local Union with any matter not contained a seniority list of employees every six (6) months showing occupational classification and seniority. Seniority will continue in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposed.following situations:

ARTICLE. If any dispute about In the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through event that the grievance procedure outlined is not settled at Step the party having carriageof the grievance may requestarbitrationof the grievance by giving notice in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration shall writingto the other party within twenty one (21) days from the delivery of the decision at Step but not thereafter. If a request for arbitration is not given within such twenty one (21) day period, the decision at Step shall be final and binding upon both parties to this Agreement and upon any employee involved. When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a request in writing of addressed to the other party to this desire agreement and at the notice shall contain the name of the first party's nominee to an arbitration boardsame time appoint a nominee. The recipient of the notice shall, within Within five (5) working days, inform days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the name of its nominee to the arbitration board. The two If they are unable to agree upon a chairmanwithin a period of five (25) nominees so selected shalldays, within ten (1O) working days either of the appointment of the second of them, appoint a third person who parties shall be the Chairman. If the recipient of the notice fails to appoint a nominee, the appointment shall be made by then request the Minister of Labour for the province of Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairmanappoint an impartial arbitrator, the services of the Minister of Labour for Ontario who shall be utilized and the request chosen having regard to the Minister may be made by either partyhis qualifications in interpreting collective agreements. The arbitration board, when selected or appointed, shall proceed as soon as practicable to arbitratorshall hear and determine the dispute matter and it shall issue a decision which is decisionwhich shall be final and binding upon the parties and upon their respective membersany employee or employees affected by it. The arbitrator shall give a decision of within thirty (30) days after hearings on the matter submittedto arbitrationare concluded. This time period for giving a majority is decision may be extended at the decision discretion of the arbitration board, but if there is no majority, sole arbitrator so long as he or she states in his or her decision the decision of reasons for extending the Chairman governstime. The arbitration board arbitrator shall have no power not be authorized, nor shall the arbitrator assume authority, to add to alter, modify or subtract from or amend any of the terms part of this Agreement. The arbitration board shall not substitute its discretion for that of , nor to make any decision inconsistentwith the parties except where the board determines that an employee has been discharged provisionsthereof, or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in covered by this Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the original statement Grievance Procedure. The proceedings of grievance filed the arbitrator will be expedited by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontarioparties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the Chairman shall be shared equally nominee appointed by it and the parties. The time limits as to both documents partieswill jointly bear the fees and procedure set out in the above Sections shall be observed by the parties to this Agreement providedexpenses, howeverif any, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedarbitrator.

ARTICLE. If any dispute about In the interpretation or application event that the is not settled at Step the party having carriage of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined may request arbitration of the grievance by giving notice in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration shall the other party within ten (10) days from the delivery of decision at Step but not If a request for is given within such (10) day period, the decision at Step shall be final and binding upon both parties to this and upon any employee involved. either party requests that any be submitted to arbitration as herein before provided, it shall make such a request in writing of this desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall, within five (5) working days, inform addressed lo the other party to this agreement and at same appoint a nominee. Within five (5)days the other party shall appoint a nominee as herein required. The two nominees so appointed, shall attempt to select by agreement a chairman of the name of its nominee to the arbitration board. The two Ifthey are to agree upon a chairmanwithin a period of five (2) nominees so selected shall, within ten (1O) working days 5)days. either of the appointment of the second of them, appoint a third person who parties shall be the Chairman. If the recipient of the notice fails to appoint a nominee, the appointment shall be made by then request the Minister of Labour for province of Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario appoint an impartialarbitrator,who shall be utilized and the request chosen having regard to the Minister may be made by either partyhis qualifications in interpreting collective agreements. The arbitration board, when selected or appointed, arbitrator shall proceed as soon as practicable to hear and determine delermine the dispute matter and it shall issue a decision which is final shall be and binding upon the parties and upon their respective membersany employees affected by it. The arbitrator shall give a decision of within thirty (30) days hearings on the matter submittedto arbitrationare concluded. This period for giving a majority is decision may be extended at the decision discretion of the arbitration board, but if there is no majority, sole arbitrator so long as he or she states in his or her decision the decision of reasons for extending the Chairman governstime. The arbitration board arbitrator shall have no power not be nor shall the arbitrator assume authority. to add to alter, modify or subtract from or amend any part of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of nor to make any decision inconsistent with the parties except where the board determines that an employee has been discharged provisions thereof, or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in covered by Agreement. No matter may be submitted to arbitration which has not been properly carried through all requisitesteps of Grievance Procedure. The proceedings of the original statement of grievance filed arbitrator will be expedited by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontarioparties hereto, and the will be final and binding upon the parties herelo and the employee or employees concerned. Each of parties herelo will bear the fees and expenses of the Chairman shall be shared equally nominee appointed by it and parties will bear the parties. The time limits as to both documents fees and procedure set out in expenses, if any, the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedarbitrator.

ARTICLE. If any dispute about between the interpretation relating to the interpretation, application or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union including any question as to a Board is arbitrable, or where an allegation is made that this has violated, either of Arbitration for adjudication. The party desiring to submit the dispute to arbitration shall the parties may, after other party in writing of this its desire to the difference or allegation to arbitration and the notice shall contain the name of the first party's nominee appointee to an arbitration boardArbitration Board. The recipient of the notice shall, within five (5) working days, inform the other party of the name of its nominee appointee to the arbitration boardArbitration Board. The two (2) nominees appointees so selected shall, shall within ten five (1O5) working days of the appointment of the second of them, them appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees to agree a nomineewithin the limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, Arbitration Board shall proceed as soon as practicable to hear and determine the dispute difference or allegation and it shall issue a decision which and the decision is final and binding upon the parties and upon their respective membersany affected by it. The decision of a majority is the decision of the arbitration boardArbitration Board, but if there is no majority, majority the decision of the Chairman governs. Each of the parties hereto shall jointly bear the expenses of the third party, and any cost of the place of hearing of such arbitration if and when the necessity arises. The arbitration board Board of Arbitration shall not have no any power to add to alter, modify or subtract from or change any of the terms provisions of this or to substitute any new provisions or any existing provisions, nor to give decisions inconsistent with the and provisions of this Agreement. The arbitration board shall not substitute its discretion for that Notwithstanding the foregoing provisions of this Article, the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty hereto may in for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and above procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing to appoint one (1) arbitrator satisfactory to both parties, in respect which case such arbitrator shall have the jurisdiction, power and authority as has been given to an extension or waiver the Arbitration Board by the foregoing of any this Article. It is agreed and that the shall provide at no cost to the and shall place in a mutually agreeable location, three (3) bulletin boards to be used solely for the of notices and job Such notices shall not be by unauthorized personnel. Such notices shall be by a representative of the time limits imposedUnion to the office of the Vice-president Resources for approval. There shall be no distribution or posting by of advertising or political matter, cards, notices or any other literature the Hospital's property, unless initialled by the Union Local President and the Vice-president Resources of the or his designate.

ARTICLE. If The release of a probationary employee shall not be subject to the grievance procedure unless the proba- tionary employee is released for exercising a right under this Agreement. A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance by theemployee with the Hospitalat 3 within seven calendar days after the date the discharge or suspension is effected. Such special griev- ance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital’s action in dismiss- ing the employee, or reinstating the employee with or without loss of seniority and with or without full compensation for the time lost, or by any dispute about other arrangement which may be deemed just and equitable. The hospital agrees to provide written reasons within a reasonable time to the interpretation affected employee in the case of discharge or application suspension and further agrees that it will not suspend, discharge or otherwise discipline an employee who has completed her probationary period, without just cause. ARTICLE Failing settlement under the foregoing procedure of particular clauses of this Agreement any grievance between the parties arising from the interpretation, application, administration or about an alleged violation of this Agreement cannot Agreement, including any question as to whether a matter is such grievance may be settled through submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eight- een calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to have been abandoned. ARTICLE All agreements reached under the grievance procedure outlined in Article between the representatives of the Hospital and the representatives of the Association will be final and binding upon the Hospital and the Association and the employees. ARTICLE When party requests that any matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute submit- ▇▇▇ to arbitration as provided in the foregoing Article, it shall the other party such request in writing of this desire and the notice shall contain the name of the first party's nominee addressed to an arbitration board. The recipient of the notice shall, within five (5) working days, inform the other party of this Agreement, and at the same time name a nominee. Within seven calendar days there- after the other party shall name a nominee, provided however, that if such party fails to name a nominee as required, the Minister of its nominee labour for the Province of Ontario shall have the power to effect such appoint- ment upon application thereto by the party invoking the arbitration boardprocedure. The two (2) nominees so selected shall, within ten (1O) working days shall at- tempt to select by agreement a chairman of the appointment of the second of them, appoint a third person who shall be the ChairmanArbitra- tion Board. If the recipient they are unable to agree upon such a chairman within a period of the notice fails to appoint a nomineefourteen calendar days, the appointment they shall be made by then request the Minister of Labour for the Province of Ontario upon to appoint a chairman. ARTICLE No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the request grievance. ARTICLE No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties and upon their respective members. The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. The arbitration board shall have no power to add to or subtract from or any of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedGrievance Procedure.

ARTICLE. If the Hospital or the Union that a be submitted to arbitration, as it shall make such request in writing addressed to the other to this and at the time name a nominee. Within seven (71calendar days the other party shall name a nominee provided, however. that if party to name a nominee as required, the Office of Arbitration of Ministry of Labour of the Province of Ontario shall have power to effect upon application by the party invoking procedure. The two nominees shall attempt to select by agreement a Chairman of the Board. If are unable to agree upon Chairman of the within period of (14) calendar days, they request the of Arbitration of the Ministry of of the Ontario to a Chairman. No be as an who has been involved in or the grievance. No may lo arbitration which has not been carried through requisite of the procedure. The Board of Arbitration shalt not have any dispute about power to amend, alter, or to any of the interpretation or application of particular clauses provisions of this Agreement or about an alleged violation lo substitute any new provisions any existing provisions, nor give any decision inconsistent with the provisions of this Agreement cannot be settled through the grievance procedure outlined in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudicationAgreement. The party desiring to submit the dispute to arbitration shall the other party in writing of this desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient Board will be expedited by the parties decision of the notice shall, within five (5) working days, inform the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shall, within ten (1O) working days of the appointment of the second of them, appoint a third person who shall majority and is no decision Chairman will be the Chairman. If the recipient of the notice fails to appoint a nominee, the appointment shall be made by the Minister of Labour for Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties hereto and upon their respective members. The decision the or employees concerned Each of a majority is hereto will bear the decision of the arbitration board, but if there is no majority, nominee and the decision of the Chairman governs. The arbitration board shall have no power to add to or subtract from or any of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay will share equally the fees and expenses expenses, if any, of its nomineethe of the Board. The lime limits out in grievance herein and failure to strictly with such time except by written Agreemerit of shall result in the grievance being deemed have been only to the ,provisions of Section labour A involving discharge an employee be reduced writing and originated Step No. ten calendar days of the notified of his that the of the Union or a member will be of the dismissal seniority-rated employee. employee be anything in this Agreement, whether appointed by terminated the party sole discretion of and for and such a probationary employes shall not grievance or by the Minister of Labour for Ontarioarbitration procedures. Whenever an is being disciplined, suspended or discharged, and the fees and expenses such disciplinary action will of the Chairman shall be shared equally by employee's record, a Union Committee Member or Stew▇▇▇ ▇▇ present, if one is readily available, and if the partiesemployee requests. The An employee shall, upon written request made a time limits as before the time of an opportunity to both documents and procedure set out view personal file in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any presence of the time limits imposedDirector of Human Resources or his designate. information the employee may review will be: application form written evaluations disciplinary notations incident report (excluding patient incident reports) Any letter of reprimand, suspension or will be from the of (24) following of such letter, suspension or other sanction provided the employee's record has been discipline free in that period of time.

ARTICLE. If any dispute about of Arbitration shall be composed of one (1) member nominated by the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the grievance procedure outlined in Article the matter may be submitted within thirty Employer, one (301) days of its failure of settlement member nominated by grievance procedure by either or the Union and a third member, who shall be the chairperson, appointed by the other two members. Within one (1) week after either party hereto delivers to the other party hereto a written notice requiring a grievance to be referred to a Board of Arbitration for adjudication. The Arbitration, each party desiring to submit the dispute to arbitration shall notify the other party in writing of this desire and the notice shall contain the name of the first party's its nominee to an arbitration board. The recipient as a member of the notice shall, within five (5) working days, inform Board of Arbitration. Where one of the parties fails to notify the other party of the name of its nominee to the arbitration boardBoard of Arbitration, the other party may apply to the Minister of Provincial Affairs Attorney General requesting that Minister to choose a person deemed suitable for the purpose. The two (2) nominees so selected shall, Where the Minister of Provincial Affairs Attorney General chooses such a person that person shall be deemed to be the nominee of the party who failed to give notice of the name of its nominee. Should the members of a Board of Arbitration nominated by the Employer and the Union fail to agree on a third member within ten (1O) working days after they both have been notified in writing of the nomination of the other as a member of the Board of Arbitration, either party, after giving notice may apply to the Minister of Provincial Affairs Attorney General for the appointment of the second of them, appoint a third person member of the Board of Arbitration who shall be the Chairmanchairperson thereof. If the recipient of the notice fails to appoint a nominee, the appointment No person shall be made by selected as a member of a Board of Arbitration who, directly or indirectly, has been involved in discussions or negotiations respecting the Minister grievance with which the Board of Labour for Ontario upon the request of the other party. If the two (2) nominees fail Arbitration is to agree upon a Chairman, the services of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either partydeal. The arbitration board, when selected or appointed, Board of Arbitration so established shall proceed as soon as practicable to hear and determine the grievance, difference or dispute submitted to it and it shall make such decision as may finally dispose of the question in issue a and the decision which is shall be final and binding upon the parties and upon their respective memberson all parties. The decision of a the majority is of the Board of Arbitration shall be the decision of the arbitration boardBoard of Arbitration, but if there is no majority, the decision of the Chairman governschairperson shall govern. In any case, including cases arising out of any form of discipline or the loss of any remuneration, benefit or privilege, the Board of Arbitration shall have full power to direct a remedy, or to affirm the discipline, loss of remuneration, benefit or privilege, as the Board of Arbitration may determine appropriate to finally settle the issues between the parties, and may give retroactive effect to its decision. The arbitration board Employer and the Union shall have no power to add to or subtract from or any of the terms of this Agreement. The arbitration board shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay bear the fees and expenses of its nominee, whether appointed by their respective nominee to the party or by the Minister Board of Labour for Ontario, Arbitration and the fees and the expenses of the Chairman chairperson shall be shared borne equally by the partiesEmployer and the Union. The time limits as to both documents and procedure set out Notwithstanding anything contained in the above Sections shall be observed by this Article the parties to any grievance, difference or dispute may agree to submit such grievance, difference or dispute to a single arbitrator and upon the appointment of such single arbitrator referred to herein all provisions of this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any Article shall apply insofar as possible. Any of the time limits imposedprovided for in this Article may be extended or shortened by mutual consent. The arbitration procedure outlined above applies only to the arbitration of grievances.

ARTICLE. If any dispute about the interpretation or application of particular clauses of this Agreement or about an alleged violation of this Agreement cannot be settled through the When either party requests that a grievance procedure outlined in Article the matter may be submitted within thirty (30) days of its failure of settlement by grievance procedure by either or the Union to a Board of Arbitration for adjudication. The party desiring to submit the dispute to arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party in writing of to this desire Agreement, and at the notice shall contain the name of the first party's nominee to same time nominate an arbitration boardarbitrator. The recipient of the notice shall, within Within five (5) working days, inform days thereafter the other party of the name of its nominee to the arbitration board. The two (2) nominees so selected shallshall nominate an arbitrator; provided, within ten (1O) working days of the appointment of the second of themhowever, appoint a third person who shall be the Chairman. If the recipient of the notice that if such party fails to appoint a nomineenominate an arbitrator as herein required, the appointment shall be made by the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the request party invoking arbitration. The two arbitrators so nominated shall confer within five working days and shall attempt to select by agreement a Chairman of the other partyArbitration Board. If the two (2) nominees fail they are unable to agree upon such a ChairmanChairman within such period, the services of they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person shall be utilized appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance or in processing the grievance. The Arbitration Board shall not make any decision inconsistent with the provisions of this Agreement nor alter, modify or amend any part of this Agreement but shall only consider the question in dispute. No matter shall be submitted to arbitration which has not been properly lodged and carried through all previous steps of the request Grievance Procedure. The unanimous or majority decision in writing of the Arbitration Board with respect to the Minister may be made by either party. The arbitration board, when selected or appointedmatters coming within the jurisdiction of the Board, shall proceed as soon as practicable to hear and determine the dispute and it shall issue a decision which is be final and binding upon the parties hereto and upon their respective membersthe employees. The decision of a majority is the decision Each of the arbitration boardparties hereto shall bear the expense of the arbitrator appointed by it and the parties shall jointly and equally bear the fees and expenses, but if there is no majorityany, the decision of the Chairman governsof such Board of Arbitration. The arbitration board shall have no power If the Company and the Union mutually agree to add to or subtract from or any of appoint a single arbitrator, the terms foregoing provisions of this Agreement. The arbitration board Article shall not substitute its discretion for that of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In apply to such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman shall be shared equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedsingle arbitrator.

ARTICLE. If The parties agree that any dispute about grievance concerning the interpretation or application of particular clauses of this Agreement or about an alleged claimed violation of this Agreement cannot be settled agreement, which has been properly carried through all of the steps of the grievance procedure outlined in Article the matter above and which not been settled may be submitted referred to arbitration. The referral to shall be made within thirty (30) ten working days of its failure receipt of settlement by grievance procedure by either the reply at Step or ten working days from the Union date upon which the decision should have been rendered. The referral to arbitration shall be to a Board of Arbitration for adjudicationArbitration, unless the parties mutually agree in writing to arbitration by a sole arbitrator. The party desiring following procedure for the Board of Arbitration shall be as follows: The Board of Arbitration will be composed of one (1) person appointed by the Employer, one person appointed by the Union, and a third person to submit the dispute to arbitration shall act as Chairman chosen by the other two members of the Board; Within seven (7) calendar days of the request by either party for a Board, each party shall notify the other in writing of this desire and the notice shall contain the name of the first party's nominee to an arbitration board. The recipient of the notice shall, within five (5) working days, inform the other party of the name of its nominee appointee; Should the person chosen by the Employer to act on the arbitration board. The two (2) nominees so selected shallBoard, and the person chosen by the Union, fail to agree on a third person within ten (1O) working calendar days of the appointment of the second of themnotification mentioned in above, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint a nominee, the appointment shall be made by the Minister of Labour for Ontario upon the request of the other party. If the two (2) nominees fail to agree upon a Chairman, the services Province of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either party. The arbitration board, when selected or appointed, shall proceed asked to nominate a person to act as soon as practicable to hear and determine the dispute and it shall issue a decision which is final and binding upon the parties and upon their respective membersChair at any time thereafter. The decision of a Board of Arbitration, or a majority is thereof or Sole Arbitrator as the decision of case may be, constituted in the arbitration boardabove manner, but if there is no majority, the decision of the Chairman governsshall be binding on both parties and any Employee affected by it. The arbitration board Board of Arbitration or Sole Arbitrator as the case may be shall not have no any power to add to or to, substitute, subtract from or modify any of the terms of this Agreementagreement. The arbitration board Each ▇▇▇▇▇ shall not substitute its discretion for that of bear the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the parties. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses expense of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, appointee and the fees and expenses expense of the Chairman or sole Arbitrator as the case may be, shall be shared equally by the both parties. The time limits No person may be appointed as an arbitratorwho has been involved in an attempt to both documents and procedure set out in settle the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedgrievance.

ARTICLE. If any dispute about The Union and the interpretation Employer agree to undertake a mediation process to assist in resolving differences or application of particular clauses of disputes arising between the Parties to this Agreement based upon the following: Mediation can be used at any step during the process. The local manager and the Employee or about an alleged violation ▇▇▇▇▇▇▇ must agree to use mediation, subject to the agreement of this Agreement canthe Parties. The local manager and the Employee or ▇▇▇▇▇▇▇ must agree on the specific mediator, subject to the agreement of the Parties. The costs of the mediation shall be borne equally by the Employer and the Union. Resolutions are on a without prejudice, without precedent basis, unless otherwise agreed to by the Parties. If a mutually acceptable resolution is not be settled through reached, the grievance procedure outlined will proceed to the next step in Article the matter and Arbitration Process. Parties agree to develop a list of mutually agreed upon mediators. The Employer and the Union may agree to seek the assistance of a mediator from this list prior to an arbitration hearing. The Parties agree to develop a list of five (5) mutually agreed upon Arbitrators by October Once this list has been established, the Parties agree to have three (3) dates with each Arbitrator during each twelve (12) month period beginning October on which arbitrations may be submitted within thirty (30) days heard. The order in which cases will be heard shall be determined by the Parties as soon as is practicable. If a grievance is not settled at Step it may be taken to arbitration either under the provisions of its failure Section of settlement the Ontario Labour Relations Act or by grievance procedure a notice signed by either or the President of the Union and given to a Board the Director, Non- Academic Employee Relations no later than fifteen (I 5) working days following receipt of Arbitration for adjudication. the Employer's written reply as required in Step (Article plai n In the latter case: The party desiring to submit the dispute to arbitration shall the other party in writing of this desire and the written notice shall contain the name details of the first partygrievance, the specific or interpretation of the Agreement that has been allegedly violated, and the relief sought the arbitration board or a mutually agreed upon sole arbitrator or an arbitrator from the list referred to in Article If the matter is to proceed to a three (3)-person board, the written notice shall also contain the name and address of the Union's nominee appointee to an arbitration the board. The recipient of Employer shall notify the notice shall, within five (5) working days, inform the other party Union of the name and address of its nominee appointee to the arbitration boardboard no later than ten (IO) working days following receipt of the Union's written notice. The two (2) nominees so selected appointees shall, within ten (1O) working days of the appointment of the second of themdays, appoint a third person who shall be the Chairmanselect an impartial Chair. If the recipient of the notice fails to appoint a nomineeFailing agreement within this time, the appointment shall be made by either Party may request the Minister of Labour for the Province of Ontario upon the request of the other partyto select a Chair. If the two (2) nominees fail matter is to agree proceed to a mutually agreed upon a Chairmansole arbitrator, the services written notice shall also include suggested of The Employer shall confirm its agreement with the Union's suggested or in the absence of such agreement, shall provide the of suggested to the Union. In either case, the Employer shall reply in writing no later than ten working days following receipt of the Minister of Labour for Ontario shall be utilized and the request to the Minister may be made by either partyUnion's written notice. The arbitrator or the arbitration board, when selected or appointed, board shall proceed as soon as practicable to hear and determine the dispute matter in dispute, and it issue an award which shall issue a decision which is be final and binding upon the parties and upon their respective members. The decision of a majority is the decision of the arbitration board, but if there is no majority, the decision of the Chairman governs. The arbitration board shall have no power Parties to add to or subtract from or any of the terms of this Agreement. The Arbitrator or arbitration board shall, however, have no authority to add to, subtract from, or alter any provision of this Agreement, nor make an award which has such effect. The Parties agree that the and the Union ▇▇▇▇▇▇▇ shall not substitute its discretion for that be given sufficient release time, paid by the Employer, from their work duties and responsibilities in order to attend the arbitration preparation and the arbitration Each Party shall bear the expenses of the parties except where the board determines that an employee has been discharged or otherwise disciplined for cause when this Agreement does not contain a specific penalty all other representatives, participants and witnesses and for the infraction that is the subject matter preparation and presentation of the arbitration. In such cases, the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitration board seems just and reasonable in all circumstances, The arbitration board shall not exercise any responsibility or function of the partiesits own case. The arbitration board shall not deal with any matter not contained in the original statement of grievance filed by the party referring the matter to arbitration. In arbitration proceedings, each party shall pay the fees and expenses of its nominee, whether appointed by the party or by the Minister of Labour for Ontario, and the fees and expenses of the Chairman Arbitrator or Chair shall be shared borne equally by the parties. The time limits as to both documents and procedure set out in the above Sections shall be observed by the parties to this Agreement provided, however, that the parties may mutually agree in writing in respect to an extension or waiver of any of the time limits imposedParties.