GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within twenty (20) working days after receiving the Board of Directors reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing. 31:02 Where a grievance is referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator: (a) ▇▇▇▇ ▇▇▇▇▇▇▇▇ (b) ▇▇▇▇▇ ▇▇▇▇▇▇ (c) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ 31:03 The arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement. 31:04 The arbitrator shall determine his own procedure, but shall provide full opportunity to all parties to present evidence and make representations. The arbitrator shall hear and determine the dispute and render a decision within thirty (30) calendar days from the conclusion of the hearing. 31:05 The final decision of the arbitrator shall be final and binding and enforceable on all Parties and may not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days in order to clarify the decision. 31:06 Each party shall pay one-half (½) of the fees and expenses of the arbitrator. 31:07 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever. 31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing. 31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts. 31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 47:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
(a) grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) grievances concerning dismissal, suspension, demotion or a written reprimand of an employee.
47:02 The procedure for arbitrating grievances shall be the procedure as set forth in this Article.
47:03 Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writingwriting of its desire to submit the difference or allegation to arbitration.
31:02 47:04 Where the party initiating the arbitration proceedings wishes to request arbitration by a grievance is single arbitrator, the notice referred to arbitration, the following list of arbitrators in Section :03 shall serve on a rotating basis as sole arbitratorso state:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days;
(b) ▇▇▇▇▇ ▇▇▇▇▇▇where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the Board in accordance with Section :06 within ten (10) working days;
(c) ▇▇▇▇▇▇▇ ▇a single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
47:05 By mutual agreement between the parties, the grievance matter may be referred to a mediator chosen by the parties or the parties may appoint the single arbitrator, chosen in accordance with 47:04 as a mediator/arbitrator.
47:06 Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Section :04 shall contain the first party's appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 The arbitrator so appointed (a) the party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee;
(b) the two (2) members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof;
(c) if either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice's absence, the Chief Justice of the Court of King's Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be;
(d) the Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator 47:07 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
47:08 The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
47:09 The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
47:10 The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
47:11 Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
47:12 In the case of a three (3) person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
47:13 The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 Each 47:14 The Arbitration Board shall expressly confine itself to the issue submitted to the Board and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
47:15 Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employing Authority for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
47:16 The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(a) the parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board;
(b) each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party;
(½c) of each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board;
(d) each party to the arbitration shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party;
(e) the parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in conducting the arbitration.
31:07 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.
31:08 47:17 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive parties hereto agree that an employee of the remedies Government and a staff member of the parties Manitoba Government and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and General Employees' Union shall not ▇▇▇ be eligible for appointment as a member of the Employer in Arbitration Board or to act as a member of the ordinary courtsArbitration Board.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 36:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee;
(d) Disputes as to whether a specific grievance is arbitrable.
36:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 41:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writingwriting of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the Union, shall be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
31:02 (b) Where the party initiating the arbitration proceedings wishes to request arbitration by a grievance is single arbitrator, the notice referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator:in Section 41:02
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇shall so state:
(bi) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Section 41:02 (c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for the purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇Where the party initiating the arbitration proceedings wishes to request arbitration by a three person board, the notice referred to in Section 41:02 (a) shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (i) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee.
(ii) The two members of the Arbitration Board named by the parties, shall within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof.
(iii) If either party fails to appoint its member to the Board as provided above or where the two appointees of the parties fail to agree on the appointment of a third member within the time specified, the Labour Board of Manitoba, in their absence, upon request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be.
(iv) The Chairperson and one other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
(e) The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
(f) The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
(g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearings to the parties.
(h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
(i) In the case of a three person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
(j) The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 (k) The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
(l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
(m) The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(i) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the Chairperson of the Arbitration Board.
(ii) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party.
(½iii) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board.
31:07 Nothing in this Agreement (iv) Each party to the arbitration shall preclude settlement pay the fees and expenses of a grievance by mutual agreement in any manner whatsoevercounsel appearing before the Arbitration Board on behalf of that party.
31:08 (v) The time limits parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in both conducting the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writingarbitration.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 41:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning discipline of an employee.
41:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list Union, shall be made directly to the Director of arbitrators Human Resources, and shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Subsection :02(a) shall so state.
(i) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Subsection :02(c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Subsection :03(a) shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (i) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee.
(ii) The two (2) members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof.
(iii) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be.
(iv) The Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
(e) The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
(f) The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
(g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
(h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
(i) In the case of a three (3) person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
(j) The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 (k) The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
(l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
(m) The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(i) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board.
(ii) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party.
(½iii) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board.
31:07 Nothing in this Agreement (iv) Each party to the arbitration shall preclude settlement pay the fees and expenses of a grievance by mutual agreement in any manner whatsoevercounsel appearing before the Arbitration Board on behalf of that party.
31:08 (v) The time limits parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in both conducting the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writingarbitration.
31:09 41:03 The grievance and arbitration proceedings set out herein are intended to be exhaustive parties hereto agree that an employee of the remedies WRHA and a staff member of the parties Manitoba Government and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and General Employees’ Union shall not ▇▇▇ be eligible for appointment as a member of the Employer in Arbitration Board or to act as a member of the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related Arbitration Board appointed pursuant to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lostAgreement.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 36:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee;
(d) Disputes as to whether a specific grievance is arbitrable.
36:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 41:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writingwriting of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the Union, shall be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
31:02 (b) Where the party initiating the arbitration proceedings wishes to request arbitration by a grievance is single arbitrator, the notice referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator:in Section 41:02
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇shall so state:
(bi) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Section 41:02 (c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for the purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇Where the party initiating the arbitration proceedings wishes to request arbitration by a three person board, the notice referred to in Section 41:02 (a) shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (i) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee.
(ii) The two members of the Arbitration Board named by the parties, shall within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof.
(iii) If either party fails to appoint its member to the Board as provided above or where the two appointees of the parties fail to agree on the appointment of a third member within the time specified, the Labour Board of Manitoba, in his or her absence, upon request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be.
(iv) The Chairperson and one other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
(e) The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
(f) The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
(g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearings to the parties.
(h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
(i) In the case of a three person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
(j) The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 (k) The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
(l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
(m) The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(i) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the Chairperson of the Arbitration Board.
(ii) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party.
(½iii) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board.
31:07 Nothing in this Agreement (iv) Each party to the arbitration shall preclude settlement pay the fees and expenses of a grievance by mutual agreement in any manner whatsoevercounsel appearing before the Arbitration Board on behalf of that party.
31:08 (v) The time limits parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in both conducting the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writingarbitration.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 37:01 Unresolved grievances or disputes concerning those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article.
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties; or
(b) Grievances concerning dismissal, suspension, demotion, a written reprimand or discipline of an employee; and
(c) Disputes as to whether a specific grievance is arbitrable.
37:02 The procedure for arbitrating grievances shall be as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 38:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list of arbitrators Union, shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the Arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Section 38:02(a) shall so state.
(i) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the Board in accordance with Section 38:02(c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇Where the party initiating the arbitration proceedings wishes to request Arbitration by a three person board, the notice referred to in Section 38:02(a) shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (i) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee.
(ii) The two members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof.
(iii) If either party hereto fails to appoint its member to the Board or where the two appointees of the parties fail to agree to the third member within the time specified, the Labour Board of Manitoba shall appoint that person as member or Chairperson or both, as the case may be.
(iv) The Chairperson and one other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the appointment of the Chairperson and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
(e) The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
(f) The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
(g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
(h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
(i) In the case of a three person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
(j) The Arbitration Board has such powers as are allowed it under the Labour Relations Act of Manitoba including, but not be changedlimited to, except that either party if the Arbitration Board determines that an employee has been dismissed or otherwise disciplined for just cause, and provided the Collective Agreement does not provide a specific remedy or penalty for the just cause of the dismissal or disciplinary action, the Arbitration Board may apply within five substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
(5k) calendar days to The Arbitration Board shall not have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 (l) The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(i) The parties to the Arbitration shall each pay an equal portion of the remuneration and expenses of the Chairperson of the Arbitration Board.
(ii) Each party to the Arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party.
(½iii) of Each party to the Arbitration Board shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board.
31:07 Nothing in this Agreement (iv) Each party to the Arbitration shall preclude settlement pay the fees and expenses of a grievance by mutual agreement in any manner whatsoevercounsel appearing before the Arbitration Board on behalf of that party.
31:08 (v) The time limits parties to the Arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in both conducting the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writingarbitration.
31:09 37:03 The grievance and arbitration proceedings set out herein are intended to be exhaustive parties hereto agree that an employee of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, a Staff Member of the Union shall not be responsible eligible for compensating her for any salary which would otherwise be lostappointment as a member of the Arbitration Board or to act as a member of the Arbitration Board.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 48:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee.
48:02 The procedure for arbitrating grievances shall be the procedure as set forth in this Article.
48:03 Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writingwriting of its desire to submit the difference or allegation to arbitration.
31:02 48:04 Where the party initiating the arbitration proceedings wishes to request arbitration by a grievance is single arbitrator, the notice referred to arbitration, the following list of arbitrators in Section :03 shall serve on a rotating basis as sole arbitratorso state:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇The parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days;
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Section :06 within ten (10) working days;
(c) ▇▇▇▇▇▇▇ ▇A single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
48:05 By mutual agreement between the parties, the grievance matter may be referred to a mediator chosen by the parties or the parties may appoint the single arbitrator, chosen in accordance with 47:04 as a mediator/arbitrator.
48:06 Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Section :03 shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (a) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee;
(b) The two (2) members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the chairperson thereof;
(c) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or chairperson or both, as the case may be;
(d) The chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator 48:07 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
48:08 The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
48:09 The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
48:10 The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
48:11 Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
48:12 In the case of a three (3) person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
48:13 The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of the Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 48:14 The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
48:15 Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the Collective Agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
48:16 The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(a) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board;
(b) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party;
(½c) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board;
(d) Each party to the arbitration shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party;
(e) The parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in conducting the arbitration.
31:07 Nothing in this Agreement shall preclude settlement 48:17 The parties hereto agree that an employee of Travel Manitoba and a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive staff member of the remedies Manitoba Government and General Employees’ Union shall not be eligible for appointment as a member of the parties and Arbitration Board or to act as a member of the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courtsArbitration Board.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 42:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee;
(d) Disputes as to whether a specific grievance is arbitrable.
42:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 41:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list of arbitrators Union, shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Section 41:02(a) shall so state.
(i) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Section 41:02(c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for the purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
31:03 The arbitrator so appointed Where the party initiating the arbitration proceedings wishes to request arbitration by a three person board, the notice referred to in Section 41:02(a) shall not be empowered contain the first party’s appointee to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement.
31:04 The arbitrator shall determine his own procedure, but shall provide full opportunity to all parties to present evidence and make representationsArbitration Board. The arbitrator shall hear and determine the dispute and render a decision within thirty following procedure will then apply:
(30i) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable on all Parties and may not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days in order to clarify the decision.
31:06 Each party shall pay one-half (½) of the fees and expenses of the arbitrator.
31:07 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either who receives the Employer or Union, notice shall be responsible for compensating her for any salary which would otherwise be lost.within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 36:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee;
(d) Disputes as to whether a specific grievance is arbitrable.
36:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 36:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 1, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list of arbitrators Union, shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the arbitration proceeding wishes to request arbitration by a single arbitrator, the notice referred to in 36:02(a) shall so state.
(ci) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
31:03 The Where the party who received the notice accepts the request for a single arbitrator so appointed shall not be empowered the parties will attempt to make any decision inconsistent with reach agreement on the provisions selection of this Agreement, or to modify or amend any portion of this Agreementa single arbitrator within ten (10) working days.
31:04 The (ii) Where the party who receives the notice rejects the request for a single arbitrator shall determine his own procedureor where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, but shall provide full opportunity to all parties to present evidence and make representations. The arbitrator shall hear and determine the dispute and render a decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable on all Parties and may not be changed, except that either party may apply within five (5) calendar days to have initiating the arbitration reconvened proceedings may submit the name of its appointee to the Board in accordance with 36:02(c) within five (5) further days in order to clarify the decision.
31:06 Each party shall pay one-half (½) of the fees and expenses of the arbitrator.
31:07 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 41:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning discipline of an employee.
41:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list Union, shall be made directly to the Director of arbitrators Human Resources, and shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Subsection :02(a) shall so state.
(i) Where the party who receives the notice accepts the request for a single arbitrator the parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days.
(ii) Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Subsection :02(c) within ten (10) working days.
(iii) Where the parties have agreed to a single arbitrator, the single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
(c) ▇▇▇▇▇▇▇ ▇Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Subsection :03(a) shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (i) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee.
(ii) The two (2) members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the Chairperson thereof.
(iii) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and Chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or Chairperson or both, as the case may be.
(iv) The Chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator (d) Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
(e) The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable upon the parties and upon any employee or employees affected by it.
(f) The Arbitration Board may summon before it any witnesses and require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
(g) The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
(h) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
(i) In the case of a three (3) person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
(j) The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of this Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 (k) The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
(l) Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the collective agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
(m) The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(i) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board.
(ii) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party.
(½iii) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board.
31:07 Nothing in this Agreement (iv) Each party to the arbitration shall preclude settlement pay the fees and expenses of a grievance by mutual agreement in any manner whatsoevercounsel appearing before the Arbitration Board on behalf of that party.
31:08 (v) The time limits parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in both conducting the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writingarbitration.
31:09 41:03 The grievance and arbitration proceedings set out herein are intended to be exhaustive parties hereto agree that an employee of the remedies WRHA and a staff member of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.Manitoba Government and
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within 36:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to Arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee;
(d) Disputes as to whether a specific grievance is arbitrable.
36:02 The procedure for arbitrating grievances shall be the procedure as set forth below:
(a) Where a difference arises between the parties hereto relating to a subject matter as outlined in Section 36:01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 1, either party may refer the dispute to arbitration by giving notice to notify the other party in writing.
31:02 Where a grievance is referred writing of its desire to submit the difference or allegation to arbitration. Such notification, when initiated by the following list of arbitrators Union, shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇be made directly to the Employer and shall set forth the issue in dispute for referral to the Arbitration Board.
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party initiating the arbitration proceeding wishes to request arbitration by a single arbitrator, the notice referred to in 36:02(a) shall so state.
(ci) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
31:03 The Where the party who received the notice accepts the request for a single arbitrator so appointed shall not be empowered the parties will attempt to make any decision inconsistent with reach agreement on the provisions selection of this Agreement, or to modify or amend any portion of this Agreementa single arbitrator within ten (10) working days.
31:04 The (ii) Where the party who receives the notice rejects the request for a single arbitrator shall determine his own procedure, but shall provide full opportunity or where the parties have failed to all parties to present evidence and make representations. The arbitrator shall hear and determine reach agreement on the dispute and render a decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable on all Parties and may not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days in order to clarify the decision.
31:06 Each party shall pay one-half (½) of the fees and expenses of the arbitrator.
31:07 Nothing in this Agreement shall preclude settlement selection of a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.single arbitrator within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within
48:01 Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
(a) Grievances concerning the application, interpretation or alleged violation of an Article of this Agreement;
(b) Grievances concerning the application, interpretation or alleged violation of a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties;
(c) Grievances concerning dismissal, suspension, demotion or a written reprimand of an employee.
48:02 The procedure for arbitrating grievances shall be the procedure as set forth in this Article.
48:03 Where a difference arises between the parties hereto relating to a subject matter as outlined in Section :01, either of the parties may, within twenty (20) working days after receiving from the Board receipt of Directors reply and failing a satisfactory settlementthe decision at Step 2, either party may refer the dispute to arbitration by giving notice to notify the other party in writingwriting of its desire to submit the difference or allegation to arbitration.
31:02 48:04 Where the party initiating the arbitration proceedings wishes to request arbitration by a grievance is single arbitrator, the notice referred to arbitration, the following list of arbitrators in Section :03 shall serve on a rotating basis as sole arbitratorso state:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇The parties will attempt to reach agreement on the selection of a single arbitrator within ten (10) working days;
(b) ▇▇▇▇▇ ▇▇▇▇▇▇Where the party who receives the notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration proceedings may submit the name of its appointee to the board in accordance with Section :06 within ten (10) working days;
(c) ▇▇▇▇▇▇▇ ▇A single arbitrator shall be considered to be an Arbitration Board for purposes of this Article.
48:05 By mutual agreement between the parties, the grievance matter may be referred to a mediator chosen by the parties or the parties may appoint the single arbitrator, chosen in accordance with 47:04 as a mediator/arbitrator.
48:06 Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in Section :03 shall contain the first party’s appointee to the Arbitration Board. ▇▇▇▇▇▇The following procedure will then apply:
31:03 (a) The arbitrator so appointed party who receives the notice shall within ten (10) working days of receiving the notice, name an appointee to the Arbitration Board and notify the other party in writing of such appointee;
(b) The two (2) members of the Arbitration Board named by the parties shall, within ten (10) working days of the appointment of the second of them, appoint a third member of the Arbitration Board who shall be the chairperson thereof;
(c) If either party fails to appoint its member to the Board as provided above or where the two (2) appointees of the parties fail to agree on the appointment of a third member within the time specified, the Chief Justice for the Province of Manitoba, or in the Chief Justice’s absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to the Agreement, shall nominate a member on behalf of the party failing to make an appointment or shall nominate the third member and chairperson, as the case may be, and where the case requires, may nominate both, and where such nomination has been made, the Minister of Labour shall appoint that person as member or chairperson or both, as the case may be;
(d) The chairperson and one (1) other member are a quorum; but, in the absence of a member, the other members shall not be empowered to make any decision inconsistent with proceed unless the provisions absent member has been given reasonable notice of this Agreement, or to modify or amend any portion of this Agreementsitting.
31:04 The arbitrator 48:07 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall determine his own procedure, but commence hearings within ten (10) working days of the matter being submitted to the Board and shall provide full opportunity to all parties to present hear evidence and argument submitted by or on behalf of the parties relevant to the matter submitted and shall make representations. a decision thereon in the form of an award of the Arbitration Board.
48:08 The arbitrator Arbitration Board shall hear and determine the dispute difference or allegations and render shall issue a decision, which decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and
48:09 The Arbitration Board may summon before it any witnesses and enforceable require them to give evidence on all Parties oath, orally or in writing, and to produce such documents and evidence as the Arbitration Board deems requisite to the full investigation and consideration of the matters referred to it.
48:10 The Arbitration Board shall submit a report on the findings and the decision of the Board within fourteen (14) days following the completion of the hearing to the parties.
48:11 Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.
48:12 In the case of a three (3) person Arbitration Board the decision of the majority shall be the decision of the Arbitration Board. If there is no majority, the decision of the Chairperson shall be the decision of the Board.
48:13 The Arbitration Board shall not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days power to add to, subtract from or modify or alter in order to clarify any way the decisionprovisions of the Agreement or a signed Memorandum of Understanding or a signed Memorandum of Agreement between the parties.
31:06 48:14 The Arbitration Board shall expressly confine itself to the issue submitted to the Board, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted to the Board.
48:15 Where the Arbitration Board determines that an employee has been dismissed or otherwise disciplined by the Employer for cause, and provided the Collective Agreement does not provide a specific remedy or penalty for the cause of the dismissal or disciplinary action, the Arbitration Board may substitute such other penalty or remedy in lieu of dismissal or the disciplinary action as the Board deems just and reasonable under the circumstances.
48:16 The expenses incurred by and in respect of an Arbitration Board shall be paid as follows:
(a) The parties to the arbitration shall each pay an equal portion of the remuneration and expenses of the chairperson of the Arbitration Board;
(b) Each party to the arbitration shall pay one-half the remuneration and expenses of the member of the Arbitration Board named or appointed by or on behalf of that party;
(½c) of Each party to the arbitration shall pay the fees and expenses of witnesses called by that party to give evidence before the arbitratorArbitration Board;
(d) Each party to the arbitration shall pay the fees and expenses of any counsel appearing before the Arbitration Board on behalf of that party;
(e) The parties to the arbitration shall each pay an equal portion of other costs and expenses incurred by the Arbitration Board in conducting the arbitration.
31:07 Nothing in this Agreement shall preclude settlement 48:17 The parties hereto agree that an employee of Travel Manitoba and a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive staff member of the remedies Manitoba Government and General Employees’ Union shall not be eligible for appointment as a member of the parties and Arbitration Board or to act as a member of the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courtsArbitration Board.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.
Appears in 1 contract
Sources: Collective Agreement