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HSAS & La Ronge EMS: April 1, 2013 – March 31, 2019

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ARTICLE 8 – ARBITRATION

8.01    Failing satisfactory settlement of the grievance by the Employer Designate or alternate dispute resolution process, the matter may be referred to Arbitration in accordance with the applicable provisions of The Saskatchewan Trade Union Act.  In any grievance, the parties may agree to refer the matter to a single Arbitrator.  The Arbitration Board or single Arbitrator as the case may be, shall submit copies of any decision or award to the Employer and the Union.

8.02    If the grievance is not referred to Arbitration as therein provided, or to an alternate dispute resolution process within twenty-eight (28) calendar days of receipt of the decision of the Employer Designate, the grievance shall be deemed to have been settled.

8.03    The time limits specified in this Article, and in Article 7 above, are mandatory and not merely directory, and may be only extended by agreement of the Employer and the Union.  In the absence of such agreement, the following shall apply:

(a)  Should the Employer fail to reply within the required time limits, the Union shall have the right to proceed to the next step.

(b)  Should the Union fail to proceed to the next step within the required time limits, the grievance shall be considered settled in accordance with the Employer’s answer at the last step, and the grievance shall be deemed to be abandoned.

8.04    The Arbitration Board shall not have jurisdiction to later add to or subtract from this Agreement, or substitute any new provision in lieu thereof, or to give any decision inconsistent with the terms of this Agreement, or to deal with any matter not covered by the Agreement. There shall be no stoppage of work because of a grievance.

8.05    The decision of the Arbitration Board shall be final and binding on both parties.  Each party shall bear the expenses of its Appointee and the Employer and the Union shall equally bear the fee and expenses of the Chairman.

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