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collective agreement - CUPE Local 4807 - Canadian Union of Public ...

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8.03 Use <strong>of</strong> an Arbitration Board<br />

Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in<br />

writing to substitute an Arbitration Board for the single arbitrator at the time <strong>of</strong> reference to<br />

arbitration and the other provisions referring to Arbitration shall appropriately apply. The<br />

parties shall then, within seven (7) calendar days advise each other <strong>of</strong> the name <strong>of</strong> their<br />

respective nominees and if either party fails to name a nominee the Minister <strong>of</strong> Labour for the<br />

Province <strong>of</strong> Ontario shall have the power to effect such appointment upon application thereto.<br />

The two nominees shall then attempt to select by <strong>agreement</strong> a chairperson <strong>of</strong> the Arbitration<br />

Board. If the nominees are unable to agree upon a chairperson within a period <strong>of</strong> fourteen (14)<br />

calendar days, they shall then request the Minister <strong>of</strong> Labour for the Province <strong>of</strong> Ontario to<br />

appoint a chairperson.<br />

8.04 Restrictions on Appointment <strong>of</strong> Arbitrator<br />

No person may be appointed as an arbitrator who has been involved in an attempt to negotiate<br />

or settle the grievance.<br />

8.05 Grievance Procedure Prerequisite for Arbitration<br />

No matter may be submitted to arbitration which has not been properly carried through all<br />

requisite steps <strong>of</strong> the Grievance Procedure.<br />

8.06 Decisions to be Consistent with the Provisions <strong>of</strong> the Collective Agreement<br />

The Arbitrator or Arbitration Board shall not be authorized to make any decision inconsistent<br />

with the provisions <strong>of</strong> this Agreement, nor to alter, modify, add to or amend any part <strong>of</strong> this<br />

Agreement.<br />

8.07 Arbitration Decision Binding<br />

The proceedings <strong>of</strong> the Arbitrator or Arbitration Board will be expedited by the parties hereto<br />

and the decision <strong>of</strong> the majority or, where there is no majority, the decision <strong>of</strong> the chairperson<br />

will be final and binding upon the parties hereto and the employee or employees concerned.<br />

8.08 Clarification <strong>of</strong> Decision<br />

<br />

the Arbitrator or Board <strong>of</strong> Arbitration to reconvene the board to clarify the decision.<br />

8.09 Expenses <strong>of</strong> Arbitration<br />

Each <strong>of</strong> the parties hereto will bear the expense <strong>of</strong> the nominee appointed by it and the parties<br />

will share equally the fees and expenses, if any, <strong>of</strong> the chairperson <strong>of</strong> the Arbitration Board.<br />

Rainy River District Social Services Administration Board 13<br />

<strong>Local</strong> <strong>4807</strong> Collective Agreement

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