Troubleshooter Clause Samples

Troubleshooter. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ or any other individual agreed by the parties, shall be scheduled on a rotating basis to conduct expedited hearings on the following basis: 1. Either party may refer grievances to this process upon providing the other party with three (3) weeks’ notice of a grievance being referred. Both parties must agree before a grievance is placed on the troubleshooter agenda. 2. Only grievances where the parties have shared all relevant information regarding the grievance and all reliance documents and facts have been exchanged shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner. 3. New evidence, including facts or documents, may be introduced after the referral is made only where disclosure of this new evidence was not possible prior to the referral. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow a fair opportunity for analysis and reply. 4. Decisions of the troubleshooter shall be in writing but shall be without prejudice, non- precedent setting and shall be publicized.

Troubleshooter a. If a grievance is referred to arbitration under Article 4.02, the parties may agree, before selecting an Arbitrator, to refer the matter to a mutually acceptable Troubleshooter. Where this occurs, the Troubleshooter will, within thirty (30) days of his/her appointment or such longer period as the parties may agree, i. define the issue(s) in dispute between the parties; ii. investigate such issues, using a procedure determined by the Troubleshooter after consulting with the parties; iii. attempt to mediate a settlement of the dispute; and iv. if a settlement cannot be reached, make written, non-binding recommendations to resolve the dispute. b. Upon receipt of the Troubleshooter’s recommendations, the parties shall meet to discuss the recommendations. At any time during such discussions, either party may notify the other that it wishes to resume the arbitration process described in Article 4.02. c. During the period between the Troubleshooter’s appointment and the conclusion of the parties’ discussions regarding the Troubleshooter’s recommendations, time shall not run in respect of the grievance and arbitration procedure. d. The recommendations will not be introduced as evidence or have standing in any arbitration or other legal procedure. e. The Troubleshooter will not be compellable as a witness in any arbitration or other legal procedure that may result from the troubleshooting process. f. Article

Troubleshooter. ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or any other individual agreed to by the parties will be utilized to conduct expedited hearings on the following basis: (a) Both parties must agree before a grievance is placed on the troubleshooter agenda. Either party may refer the grievance to this process upon providing the other party with three (3) weeks’ notice. (b) Only grievances where the parties have shared all relevant information regarding the grievance, and all reliance documents and facts have been exchanged, shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner. (c) In the event that either party has new evidence that was not available prior to the agreement or referral to the troubleshooter process, it may be introduced at that time. In such cases, the party that is introducing the new evidence shall provide immediate disclosure to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow fair opportunity for analysis and reply. (d) Interpretation grievances, or grievances regarding the discharge of employees, shall not be referred to this process unless mutually agreed by the parties. (e) Decisions of the troubleshooter shall be in writing but shall be without prejudice, non- precedent setting and shall not be publicized. (f) Legal counsel shall not be used by either party at the hearing. (g) The parties shall develop other procedures or guidelines as necessary.

Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or regarding the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Agreement, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇ or ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ if they are available within thirty (30) working days, or a substitute agreed to by the parties, will, at the request of either party: A) Investigate the difference; B) Define the issue in dispute, and C) Make written recommendations to resolve the difference; within twenty (20) days of receipt of the request, and for those twenty (20) days from the date of their appointment, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on a Troubleshooter within a period of thirty (30) days, either party may apply to the Minister of Labour for the Province of British Columbia for the appointment of a Troubleshooter. The cost of the Troubleshooter will be shared by the parties.

Troubleshooter. Before the appointment of an Arbitration Board, and by mutual agreement of the parties, a grievance may be referred to a Troubleshooter as provided in Article 15.

Troubleshooter. A troubleshooter would have a role as both an investigator and/or a mediator. The Union and the Employer could, by agreement, request the assistance of a troubleshooter in investigating and/or mediating any dispute between them. A dispute would be any matter defined as a grievance under the Collective Agreement, or any other matter which the parties agree would be a dispute for the purpose of the troubleshooting process. Any process would be established by the troubleshooter, but it would be our intent the process would be informal. As part of this, neither party would be represented by legal counsel. If the parties agree to a troubleshooting process, any time limits under the grievance procedure would be extended for the duration of the troubleshooting process. The process would be without prejudice and privileged. Any of the following individuals could be a troubleshooter for us, with the selection by agreement, and with the availability of the individual being a primary factor in the selection process: ▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇

Troubleshooter. Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Q.C., ▇▇▇▇▇▇▇ ▇. Ready, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Q.C., ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇,

Troubleshooter. The Parties agree to using a Troubleshooter Process as follows: a. Either Party may refer a grievance to this process, by providing the other Party with three (3) weeks’ notice of a grievance being referred. b. Both Parties must agree to use of the Troubleshooter process for the grievance outlined in (a) above. c. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇▇ ▇▇▇▇▇ (or any other individual agreed by the Parties) shall be scheduled as required to hear the grievance on an expedited basis. d. The Parties agree to share all relevant information regarding the grievance in advance of the troubleshooting hearing. e. The Parties will make every effort to develop a Statement of Agreed Facts. f. Decisions of the Troubleshooter will be in writing and binding on the Parties with respect to the grievance before the Troubleshooter. However, the decision will not be precedent setting and shall be without prejudice and shall not be publicized. g. Legal counsel shall not be used by either Party when using this Troubleshooter process. h. The Parties shall bear equally the fees and expenses of the Troubleshooter.

Troubleshooter. ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ or any other individual agreed to by the parties will be utilized to conduct expedited hearings on the following basis: a. Both parties must consent to the grievance being referred to troubleshooting. Once referred to troubleshooting, the parties anticipate that the hearing will commence within three (3) weeks of such referral. b. Only grievances where the parties have shared all relevant information regarding the grievance, and all reliance documents and facts have been exchanged shall be referred. The parties agree that disclosure of information and documents will take place in a timely manner. c. In the event that either party has new evidence that was not available prior to this Agreement to refer the grievance to troubleshooting, that evidence may be immediately introduced and disclosed to the other party. Upon request of the party in receipt of this new evidence, the process may be adjourned to allow fair opportunity for analysis and reply. d. Interpretation grievances or grievances regarding the discharge of employees shall not be referred to troubleshooting unless mutually agreed by the parties. e. Decisions of the troubleshooter shall be in writing but shall be without prejudice to future grievances, non-precedent setting, and shall not be publicized. f. Presentation of the case at the hearing will be performed by a management employee of the Employer and by the Union’s current Union Representative servicing the bargaining unit. g. The parties shall develop other procedures or guidelines as necessary.