Article 10 – Arbitration

Date: Monday, March 9, 2015 | Category: | Author:

Should either Party refer a grievance to arbitration pursuant to Article 9.5 (3), it is agreed that all grievances shall be heard by a single arbitrator unless the Parties mutually agree in writing to submit any such grievance to a three person board of arbitration. 

The selection of a single arbitrator shall be on a rotating basis, provided that if the Arbitrator selected is not available to act within sixty (60) calendar days, the next named Arbitrator shall be requested to act in their place, and so on until an Arbitrator is selected. Once an Arbitrator has acted on a grievance, their name shall be placed at the bottom of the list of Arbitrators. The selection of an Arbitrator shall be made from the following in turn: 

(a) Sheryl Yingst Bartel

(b) Mia Norrie

(c) Andy Sims

Where arbitration will be by a board of arbitration, the two (2) nominees shall, within ten (10) days of the appointment of the second of them, select and appoint a third person to act as Chairman of the board of arbitration pursuant to Article 10.2. No person shall serve as a member of a board of arbitration where that person has an interest in the dispute. 

Where an Arbitrator determines that an employee has been improperly discharged or disciplined, the Arbitrator may substitute such other penalty for the discharge or discipline as the Arbitrator deems just and reasonable in the circumstances. 

A decision of an Arbitrator or a Board of Arbitration as the case may be shall be final and binding upon the Parties. The Board may not by its decision modify, waive, abridge, alter or extend any of the terms of this Agreement, nor render a decision which is inconsistent with the terms of this Agreement. 

Each Party to the arbitration shall bear their own expenses and costs of arbitration and one-half (½) of the fees and expenses of the sole arbitrator. The Parties agree that the Union shall be responsible for payment of salary to any employee called as a witness on behalf of the Union or grievor in any labour arbitration or hearing.