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HSAS & North East EMS: April 1, 2017 to March 31, 2026

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ARTICLE 9 – ARBITRATION

9.01     Failing satisfactory settlement of the grievance by the Employer Designate or alternate dispute resolution process, the matter may be referred to arbitration. The parties may agree to refer the matter to a single arbitrator instead of an Arbitration Board. 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.

9.02     If the grievance is not referred to Arbitration as herein 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(28) calendar days of receipt of the decision of the Employer Designate, the grievance shall be deemed to have been withdrawn.

9.03     The time limits specified in this Article and Article 8 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.

9.04     The Arbitration Board shall not have the power to add to, subtract from, or amend any provision of this Agreement, in any of its parts, including without limiting the substitution of any new provision in lieu thereof, or the adjudication of any matter not covered by the Agreement. There shall be no stoppage of work because of a grievance.

9.05     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 fees and expenses of the Chairman.

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