Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: a) An employee grievance within fourteen (14) calendar days after the Area Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b); b) A Company grievance within fourteen (14) calendar days after the meeting with the Union representative; c) A Union grievance within fourteen (14) calendar days after the meeting with the Company's representative d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator as outlined below. e) Before submitting the grievance to arbitration, the dispute shall, if requested by either party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel established for this purpose by the Company and the Local Union. The Ontario Joint Grievance Panel will render a decision unless it is deadlocked which shall be final and binding and have the judicial powers as a single Arbitrator established under the following provisions. The Ontario Joint Grievance Panel shall be comprised of two (2) persons, one (1) of whom shall be selected from management and one (1) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn; f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing. g) A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s proposed Arbitrator. Within seven (7) calendar days from the receipt of such notice of intent to arbitrate, the other party must either agree with the proposed Arbitrator or propose an alternative Arbitrator. If the parties fail to agree on the choice of an Arbitrator within a reasonable period of time, either party may request the Provincial or Federal Minister of Labour to appoint a single arbitrator.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
(a) An employee an Owner Operator grievance within fourteen seven (147) calendar days after the Area General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b6.2 (b);
(b) A a Company grievance within fourteen seven (147) calendar days after the meeting with the Union representative;
(c) A a Union grievance within fourteen seven (147) calendar days after the meeting with the Company's representative.
(d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator an Arbitration Board as outlined below.
e) . Before submitting the grievance to arbitration, the dispute shall, if requested by either the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel Committee established for this purpose by the Company and by the Local UnionUnions. The Ontario Joint Grievance Panel Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a single Arbitrator Board of Arbitration established under the following provisions. The Ontario Joint Grievance Panel Committee shall be comprised of two (2) persons, one (1l) of whom shall be selected from management Management and one (1l) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn;
f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing.
g) A notice of intent to arbitrate under the foregoing provision provisions shall contain the name of the aggrieved party’s proposed Arbitrator. Within 's appointee to the Board of Arbitration and within seven (7) calendar days from the receipt of such the notice of intent to arbitrate, the other party must in turn name their appointee. A third member to act as Chairman shall be appointed by the respective appointees. Should either agree with the proposed Arbitrator or propose an alternative Arbitrator. If the parties party fail to agree on name their appointee within the choice required seven (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date of an Arbitrator within a reasonable period of timetheir appointment, either party may or their appointee shall request the Provincial or Federal Minister of Labour to appoint a single arbitratormake the appropriate appointment.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
a) An employee grievance within fourteen (14) calendar days after the Area General Manager or his his/her designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b7.2 (b);
b) A Company Union grievance within fourteen (14) calendar days after the meeting with the Union representativeRepresentative;
c) A Union grievance within fourteen (14) calendar days after the meeting with the Company's representativeRepresentative;
d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator an Arbitration Board as outlined below.
e) . Before submitting the grievance to arbitration, Arbitration the dispute shall, if requested by either the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel Committee established for this purpose by the Company and the Local UnionUnion(s). The Ontario Joint Grievance Panel Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a single Arbitrator Board of Arbitration established under the following foregoing provisions. The Ontario Joint Grievance Panel Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from management Management and one (1) from the Local Unions; Union(s). It is further agreed that the Company and the Local Union Union(s) shall name only experienced representatives who are engaged in the day to day administration of this Agreement similar Agreements as nominees of to the Ontario Joint Grievance Panel Committee as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario any Joint Grievance Panel Committee is unable to render a decision majority decision, the grieving party must, must within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel Committee declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration Arbitration as outlined in 6.5 Section 7.5 (ge), unless the grievance is withdrawn;
f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing.
g) A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s proposed Arbitrator. Within seven (7) calendar days from the receipt of such notice of intent to arbitrate, the other party must either agree with the proposed Arbitrator or propose an alternative Arbitrator. If the parties fail to agree on the choice of an Arbitrator within a reasonable period of time, either party may request the Provincial or Federal Minister of Labour to appoint a single arbitrator.
Appears in 1 contract
Sources: Collective Agreement
Procedure for Arbitration. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of:
(a) An an employee grievance within fourteen seven (147) calendar days after the Area General Manager or his designate has rendered a decision or failed to render a decision as provided for in Section 6.2(b6.2 (b);
(b) A a Company grievance within fourteen seven (147) calendar days after the meeting with the Union representative;
(c) A a Union grievance within fourteen seven (147) calendar days after the meeting with the Company's representative.
(d) Should should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to a single Arbitrator an Arbitration Board as outlined below.
e) . Before submitting the grievance to arbitration, the dispute shall, if requested by either the grieving party and in accordance with the procedures outlined in this Section, be brought to the attention of a Ontario Joint Grievance Panel Committee established for this purpose by the Company and by the Local UnionUnions. The Ontario Joint Grievance Panel Committee will render a decision unless it is deadlocked which shall be final and binding and have the same judicial powers as a single Arbitrator Board of Arbitration established under the following provisions. The Ontario Joint Grievance Panel Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from management Management and one (1) from the Local Unions; It is further agreed that the Company and Local Union shall name only experienced representatives who are engaged in the day to day administration of this Agreement as nominees of the Ontario Joint Grievance Panel as required. It is understood that in the selection of the representatives the Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that the Ontario Joint Grievance Panel is unable to render a decision the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Panel declares a deadlock, proceed to arbitration as outlined in 6.5 (g), unless the grievance is withdrawn;
f) All time limits as specified herein for the Grievance or Arbitration procedures may be extended, but only by mutual agreement confirmed in writing.
g) A notice of intent to arbitrate under the foregoing provision provisions shall contain the name of the aggrieved party’s proposed Arbitrator. Within 's appointee to the Board of Arbitration and within seven (7) calendar days from the receipt of such the notice of intent to arbitrate, the other party must in turn name their appointee. A third member to act as Chairman shall be appointed by the respective appointees. Should either agree with the proposed Arbitrator or propose an alternative Arbitrator. If the parties party fail to agree on name their appointee within the choice required seven (7) calendar days or should the appointees fail to select a Chairman within thirty (30) calendar days from the date of an Arbitrator within a reasonable period of timetheir appointment, either party may or their appointee shall request the Provincial or Federal Minister of Labour to appoint a single arbitratormake the appropriate appointment.
Appears in 1 contract
Sources: Collective Agreement