Article 14 : arbitration
14.1 Grievances subject to Article 13 shall be heard by a single Arbitrator or by a three (3) person Arbitration Board.
14.1.1 Single Arbitrator
Where the Union requests a hearing before a single Arbitrator, such a request shall be included in the notice provided for in Article 13.2.4. The Employer shall give a written reply to the Union, within ten (10) Working Days of the receipt of the notice, stating whether or not a single Arbitrator is acceptable.
14.1.2 If both Parties agree to arbitration before a single Arbitrator, they shall endeavour to select and agree on an Arbitrator within ten (10) Working Days of the receipt of the reply of 14.1.1. If an agreement cannot be reached, either Party may request the appointment of an Arbitrator by the Minister of Labour for the Province of Ontario.
14.1.3 Arbitration Board
If both Parties do not agree to arbitration before a single Arbitrator or if the Union so requests (where such a request shall be included in the notice provided for in Article 13.2.4), the arbitration shall be held before a three (3) person Arbitration Board. Each Party shall advise the other Party of the selection of its nominee to the Arbitration Board within five (5) Working Days of the receipt of the notice or of receipt of the reply of 14.1.1. The Parties shall then select a chairperson within ten (10) Working Days. If an agreement cannot be reached, either Party may request the appointment of a chairperson of the Arbitration Board by the Minister of Labour for the Province of Ontario.
14.2 Powers of the Arbitrator or Arbitration Board
14.2.1 The Arbitration Board or single Arbitrator shall have no authority to add to, subtract from, modify, change, alter, or ignore in any way the provisions of this Agreement or any expressly written amendment or supplement thereto or to extend its duration, unless the Parties have expressly agreed, in writing, to give it or their specific authority to do so or to make an award which has such effect.
14.2.2 Should the Parties disagree as to the meaning of the decision of the single Arbitrator or Arbitration Board, the Parties may apply to the chairperson of the Arbitration Board or single Arbitrator to reconvene to clarify the decision.
14.3 Other Provisions
14.3.1 No person may be appointed as a nominee to an Arbitration Board or as an Arbitrator who has been involved in any attempts to negotiate or settle the grievance, or has been involved in disciplinary hearings against the Employee(s) involved.
14.3.2 Each Party shall bear the expense of its nominee and of costs related to the preparation and presentation of its own case. The fees and expenses of the chairperson of the Arbitration Board or single Arbitrator, and any other expenses incidental to the arbitration hearing shall be borne equally by the Parties.
14.3.3 Any of the time allowances set out in this Article may be extended by mutual agreement in writing. The Parties agree that such agreement shall not be unreasonably withheld.
14.3.4 All reasonable arrangements shall be made to permit the conferring Parties, the single Arbitrator, or the members of the Arbitration Board to have access to the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance.
14.3.5 In the event a single Arbitrator or Arbitration Board deals with a matter relating to discharge, suspension or disciplinary action, the single Arbitrator or the Arbitration Board has the authority to reinstate an Employee with or without compensation for wages and any other benefits lost, or to make any other award they or it may deem just and reasonable which would be consistent with the terms of the Agreement. The Employer agrees not to seek to have an Employee's earnings during a period of suspension or discharge deducted from any award made under this Article.
14.4 In the event of a dispute concerning the interpretation of an article in the Collective Agreement that the Parties are unable to resolve, the dispute may be referred directly to arbitration by either the Union or the Employer.