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ARTICLE 5
– ARBITRATION |
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ARBITRATION - See also – Grievances (Article 4.0) Article 5 5.02 - Composition of the Boards of Arbitration 5.05 - Pre-Scheduled Arbitration Dates 5.07 - Disagreement on Decision Where a difference arises between the parties relating to the interpretation or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that a term or condition of this Agreement has been violated, either of the parties may, after exhausting the grievance procedure in Article 4, notify the other party within twenty-eight (28) calendar days of their desire to submit the difference or allegation to arbitration. 5.02 - Composition of the Boards of Arbitration (a) Arbitrators shall normally be selected for pre-scheduled arbitrations in alphabetical rotation from the Arbitrator List. (b) Arbitrators shall normally be selected for additional regular arbitrations in alphabetical rotation from the Arbitrator List, provided that an arbitrator must be available to hear the applicable matter within a mutually acceptable time frame to be eligible for the appointment. Should the parties fail to agree upon a regular arbitrator under this subsection (b) within fourteen (14) calendar days of receipt of the notice under clause 5.01, either party may apply to the Chair of the Labour Relations Board to have an arbitrator appointed.
Arbitrator List: Ken Albertini Judi Korbin Bob Blasina Joan McEwen Peter Cameron Don Munroe Fred Cuddington Vince Ready Rod Germaine Katherine Young Joan Gordon (c) The Arbitrator List may be modified by mutual agreement. 5.03 - Regular Arbitration (a) Unresolved grievances shall be referred to regular arbitration, except those that are referred to expedited arbitration under clause 5.04. (b) Arbitrators hearing regular arbitration shall determine their own procedure in accordance with the relevant legislation and shall give the parties full opportunity to present evidence and make representations. (c) Arbitrators hearing regular arbitration shall provide detailed reasons for their decision, which decisions shall be provided to the parties as soon as possible following completion of the arbitration hearing. 5.04 - Expedited Arbitration (a) The parties may mutually agree to refer any grievance to expedited arbitration under this clause. This agreement shall normally be made within fourteen (14) calendar days of receipt of the notice under clause 5.01, but may be made at another time by mutual agreement of the parties. (b) The parties shall endeavour to develop a statement of facts for each expedited arbitration. The use of authorities shall be restricted as much as possible and witnesses shall only be called to give evidence on relevant facts upon which the parties have been unable to agree in the statement of facts. Each party’s argument shall not exceed fifteen (15) minutes for any one expedited arbitration. (c) The expedited arbitrator shall provide a very brief award setting out the particulars of the grievance and the reasons for his/her decision. The expedited arbitrator’s decisions are without prejudice or precedent and shall be issued within fourteen (14) calendar days of the hearing. (d) There shall be no appeal of expedited arbitration decisions. 5.05 - Pre-scheduled Arbitration Dates (a) Each calendar year, prior to January 15th, the parties shall meet to pre-schedule arbitration hearings. These hearings shall be held on three (3) consecutive days every three (3) months, or more often if agreed to by the parties, at a mutually agreeable location. (b) Any grievance may be heard on the pre-scheduled arbitration dates irrespective of type of arbitration to be used (i.e. whether expedited or regular). Grievances shall normally be heard in chronological order on the pre-scheduled arbitration hearing dates. Either party may require that a grievance be heard out of chronological order by providing the other party at least twenty-one (21) calendar days written notice. (c) At least twenty-one (21) days prior to each pre-scheduled arbitration hearing date, the parties shall develop a mutually agreeable list of grievances to be heard on those dates. In so doing, the parties shall ensure that a sufficient number of grievances are scheduled to realistically fill the three (3) days available during each pre-scheduled hearing. The parties may mutually agree to amend the list of grievances to be heard at any time prior to the commencement of the hearing. Grievances may not be heard at a pre-scheduled arbitration hearing unless they have been placed on the list of grievances to be heard in advance under this subsection. 5.06 - Decision of Arbitrator The decision of the arbitrator shall be final, binding and enforceable on the parties. The arbitrator shall have the power to dispose of a discharge or discipline grievance by any arrangement which s/he deems just and equitable. However, the arbitrator shall not have the power to change this Agreement or to alter, modify or amend any of its Articles. 5.07 - Disagreement on Decision Should the parties disagree as to the meaning of the arbitrator's decision, either party may apply to him/her to clarify the decision, which s/he shall make every effort to do within seven days. 5.08 - Expenses of Arbitrator Each party shall pay one-half of the fees and expenses of the arbitrator and other joint costs. 5.09 - Amending Time Limits The time limits fixed in the arbitration procedure may be altered by mutual consent of the parties, but the same must be in writing.
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