Community Living Services Collective Agreement - British Columbia ...

CSSBA and CSSEA - Community Living Services (03/2012) Page 10
10.1 Notification
ARTICLE 10 - ARBITRATION
Where a difference arises between the parties relating to the interpretation, application, 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 9 (Grievances), notify the other party within 30 days of the
receipt of the reply at the third step, that the grievance is to be submitted to arbitration. Such notice will
be by priority courier or by facsimile.
10.2 Appointment of the Arbitrator
Where a party has requested that a grievance be submitted to arbitration, an arbitrator will be selected
from the agreed upon list outlined in Appendix B (List of Arbitrators). The individuals will be appointed
in rotation unless they are unable to schedule the hearing within 60 days in which case the next individual
on the list will be appointed. Where the parties mutually agree, an arbitrator who is not listed in
Appendix B (List of Arbitrators) may be appointed.
10.3 Board Procedure
The Arbitrator may determine her own procedure in accordance with the Labour Relations Code and will
give full opportunity to all parties to present evidence and make representations. She will hear and
determine the difference or allegation and will make every effort to render a decision within 30 days of
her first meeting.
10.4 Decision of Arbitrator
The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will
have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which she
deems just and equitable. However, the Arbitrator will not have the power to change this Agreement or to
alter, modify or amend any of its provisions.
10.5 Disagreement on Decision
Should either party disagree as to the meaning of the Arbitrator's decision, either party may apply to the
Arbitrator to clarify the decision. The Arbitrator will make every effort to provide written clarification
within seven days of receipt of the application.
10.6 Expenses of Arbitrator
Each party will pay one-half of the fees and expenses of the Arbitrator.
10.7 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.
10.8 Witnesses
At any stage of the grievance or arbitration procedure, the parties may have the assistance of the
employee(s) concerned as witnesses and any other witnesses. All reasonable arrangements will be made
to permit the concerned parties or the Arbitrator(s) to have access to the Employer's premises to view any
working conditions which may be relevant to the settlement of the grievance.
10.9 Expedited Arbitration
(a) The parties may meet, to review outstanding grievances filed at arbitration to determine those
grievances suitable for this process, and will set dates and locations for hearings of groups of grievances
considered suitable for expedited arbitration.