Amalgamated Transit Union (ATU) Local 107 - City of Hamilton
Amalgamated Transit Union (ATU) Local 107 - City of Hamilton
Amalgamated Transit Union (ATU) Local 107 - City of Hamilton
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The mediator/arbitrator shall endeavour to assist the parties to settle the<br />
grievance by mediation. If the parties are unable to settle the grievance<br />
by mediation, the mediator/arbitrator shall determine the grievance by<br />
arbitration. When determining the grievance by arbitration, the<br />
mediator/arbitrator may establish or limit the nature and extent and form <strong>of</strong><br />
the evidence and may impose such conditions, as they consider<br />
appropriate. The mediator/arbitrator shall give a succinct decision within<br />
five (5) days after completing proceedings, unless the parties agree<br />
otherwise.<br />
ARTICLE 7 - ARBITRATION<br />
7.01 Both parties to this agreement agree that any dispute or grievance<br />
concerning the interpretation or alleged violation <strong>of</strong> this agreement, which<br />
has been properly carried through all the steps <strong>of</strong> the grievance procedure<br />
outlined in Article 6 above, and which has not been settled, will be referred<br />
to an Arbitrator at the request <strong>of</strong> either <strong>of</strong> the parties hereto.<br />
7.02 When arbitration is requested by either side, the Arbitrator will be selected<br />
by mutual agreement <strong>of</strong> the <strong>City</strong> (HSR) and the <strong>Union</strong> within thirty (30)<br />
calendar days. These times lines shall only be extended by mutual<br />
agreement between the <strong>City</strong> (HSR) and the <strong>Union</strong>.<br />
7.03 No person shall be selected as Arbitrator who has been directly involved<br />
in attempts to negotiate or settle the grievance.<br />
7.04 The Arbitrator constituted in the above manner shall deal only with the<br />
matter in dispute, and the decision <strong>of</strong> the Arbitrator shall be final and<br />
binding on both parties.<br />
7.05 The Arbitrator shall not have any power to alter or change any <strong>of</strong> the<br />
provisions <strong>of</strong> this agreement or to substitute any new provisions for any<br />
existing provisions, nor to give any decision inconsistent with the terms<br />
and provisions <strong>of</strong> this agreement.<br />
7.06 The <strong>City</strong> (HSR) and the <strong>Union</strong> will share the cost <strong>of</strong> the Arbitrator.<br />
7.07 In situations where it is mutually agreed, the <strong>City</strong> (HSR) and the union will<br />
provide written submissions to the arbitrator in lieu <strong>of</strong> a formal arbitration<br />
hearing.