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Agreement - Writers Guild of Canada

Agreement - Writers Guild of Canada

Agreement - Writers Guild of Canada

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territory, or in Quebec, the Minister <strong>of</strong> Culture, Communications and the<br />

Status <strong>of</strong> Women will be asked to appoint an arbitrator.<br />

In exceptional cases, subject to agreement <strong>of</strong> the <strong>Guild</strong> and the<br />

Associations, an arbitrable matter may be heard by a Board <strong>of</strong> Arbitration.<br />

The Board <strong>of</strong> Arbitration will be composed <strong>of</strong> one person, appointed by the<br />

<strong>Guild</strong>; and one person appointed by the Associations; and a third person to<br />

act as chair chosen by the other two members <strong>of</strong> the Board. Each party will<br />

notify the other in writing <strong>of</strong> the name <strong>of</strong> its appointee within five (5)<br />

business days <strong>of</strong> the request by either party for a Board.<br />

Should the person chosen by the <strong>Guild</strong> and the person chosen by the<br />

Associations fail to agree on a third person within ten (10) days <strong>of</strong> the<br />

notification mentioned above, the Minister <strong>of</strong> Labour <strong>of</strong> the appropriate<br />

province or territory, or in Quebec, the Minister <strong>of</strong> Culture, will be asked to<br />

appoint a person to act as chair.<br />

Nothing herein shall prevent the parties to the grievance from mutually<br />

agreeing upon the appointment <strong>of</strong> an individual who is not listed in<br />

Appendix A to act as the Arbitrator.<br />

A522 The Arbitrator or Board <strong>of</strong> Arbitration shall have all remedial powers vested<br />

in arbitrators under the labour relations legislation in the applicable<br />

province or territory. The Arbitrator has no jurisdiction to award punitive<br />

damages.<br />

A523 The Arbitrator or Board <strong>of</strong> Arbitration shall not have the power or authority<br />

to set aside, amend, modify, delete or add to any provision <strong>of</strong> this<br />

<strong>Agreement</strong>.<br />

A524 The costs and expenses <strong>of</strong> the Arbitrator or Board <strong>of</strong> Arbitration shall be<br />

shared equally by the <strong>Guild</strong>, the Producer and/or the Association(s), when<br />

participating.<br />

A525 The decision <strong>of</strong> the Arbitrator or Board <strong>of</strong> Arbitration shall be issued in<br />

writing to the parties to the dispute, and the Associations, and shall be final<br />

and binding on the parties.<br />

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