Common use of Work Distribution Clause in Contracts

Work Distribution. The negotiations referred to in paragraph 32.1 shall commence within 20 days of the date of the notice specified in the applicable paragraph. D. If the negotiations do not result in mutual agreement within sixty (60) calendar days of their commencement, the issue or issues remaining in dispute may within twenty (20) days of the cessation of negotiations be referred by either party to a mutually acceptable arbitrator for resolution and whose decision shall be final and binding upon both parties. E. The request for arbitration shall be made in writing by either party to the other. If the parties cannot agree on the selection of an arbitrator within seven (7) calendar days of the request for arbitration, the Minister of Training and Employment Development shall be requested by the parties or either of them to appoint an arbitrator. F. The parties will prepare a joint statement of the issue or issues remaining in dispute to be submitted to the arbitrator. The arbitrator shall hear the dispute within thirty (30) calendar days from the date of appointment and shall render the decision together with reasons therefore in writing within thirty (30) calendar days of the completion of the hearing, G. In the event that the parties cannot agree upon a joint statement of issue or issues remaining in dispute, either party desiring arbitration may submit a separate statement and proceed to a hearing and the other party will be se informed. H. At the hearing before arbitration, argument may be presented orally or in writing, and each party may call such witnesses as it deems necessary. I. Time limits specified in the article may be extended by mutual agreement. J. The decision of the arbitrator shall be confined to the issue or issues placed before him or her and shall also be limited to the matters described in 32.1 (c) for minimizing the significantly adverse effects of the proposed change upon employees who are directly affected thereby. The changes proposed by the Company which can be subject to negotiation and article do not include changes brought about by normal application of the collective agreement, changes resulting from a decline in business activity, fluctuations in traffic, or other normal changes inherent in the nature of the work in which employees are engaged.