STU
CLRA / BCA · Boilermakers Local 203 (NL, 2022–2027) · Article 13 · clause 13.01 · page 18 · 2022-2027

ARBITRATION

13.01

Prior to advancing to arbitration, the parties shall participate in a resolution conference facilitated by a third party in an attempt to settle the differences. The third party will be mutually agreed upon and any cost for the third party shall be shared equally between the parties. The intent of the foregoing is for the parties to attempt to resolve a dispute prior to advancing to arbitration. For greater certainty, this step does not negate either parties ability to advance a dispute to arbitration in the event the dispute remains unresolved. The Parties to this Agreement agree that any grievance which has been properly carried through all of the steps of the grievance procedure outlined in Articles 11.00 or 12.00, as applicable, shall be referred to Arbitration within twenty-one (21) working days after completion of Articles 11.07 or 12.04 as applicable.

13.02

When either party requests that a grievance be submitted to Arbitration, it shall make such a request in writing addressed to the other party to this Agreement, with a copy to the Boilermaker Contractors' Association. Within ten (10) working days of receipt of notice to proceed to Arbitration, the Boilermaker Contractors' Association will advise both Parties of the Arbitrator, together with the time and place of Arbitration.

13.03

The International Vice-President together with the Boilermaker Contractors' Association will establish a list of acceptable Arbitrators. The single Arbitrator will be chosen in rotation from this list.

13.04

Both Parties shall share equally the expenses and fees of the Arbitrator.

13.05

The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

13.06

The decision of the Arbitrator shall be final and binding upon the Parties hereto.

Not legal advice. Verify the cited article against the signed agreement.