Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada

12.07.2015 Views

v) the Joint Standing Committee shall have up to sixty (60) minutes toask questions and clarify issues raised by the material and oralsubmissions.Any time limitations prescribed herein may be extended by the JointStanding Committee.A516 When the Joint Standing Committee is satisfied that it has heard fully fromthe parties to the Grievance, the Joint Standing Committee shall dismiss theparties in order to consider and render its decision.A517 The Joint Standing Committee shall not have the authority to amend ormodify, add to or delete any provision of this Agreement.A518 All decisions of the Joint Standing Committee shall be in writing and shallbe signed by all members of the Joint Standing Committee before beingissued. When a decision has been reached, it shall be issued in writingbefore the Joint Standing Committee meeting has concluded, and copiedforthwith to the parties to the Grievance and to the Associations. If themembers of the Committee have not yet concluded their deliberations, theymay reconvene and issue a decision in writing to all parties named above nolater than three (3) business days after the Joint Standing Committeemeeting has concluded.A519 A majority decision of the Joint Standing Committee shall be final andbinding on all parties to the Grievance. If the Joint Standing Committeefails to reach a majority decision, either party to the Grievance may, withintwo (2) weeks of the date of the hearing, refer the matter to arbitration bygiving notice to the other party to the Grievance, and to the Associations.A520 Arbitration.Within two (2) weeks of the notice of the intent to refer described in ArticleA509 or A519, a time and place for arbitration shall be agreed, taking intoaccount the availability of the Arbitrator.A521 The parties to the Agreement agree that, except in exceptional cases agreedby the Guild and the Associations, all arbitrable matters shall be heard by asingle arbitrator. The selection of the single arbitrator shall be the subject ofmutual agreement of the parties. In the case of the CMPA, reference shall20

first be made to the list of arbitrators set out in section 9.1 of theNegotiation Protocol (Appendix A). In the event of a failure to agree upona single arbitrator, the Minister of Labour of the appropriate province orterritory, or in Quebec, the Minister of Culture, Communications and theStatus of Women will be asked to appoint an arbitrator.In exceptional cases, subject to agreement of the Guild and theAssociations, an arbitrable matter may be heard by a Board of Arbitration.The Board of Arbitration will be composed of one person, appointed by theGuild; and one person appointed by the Associations; and a third person toact as chair chosen by the other two members of the Board. Each party willnotify the other in writing of the name of its appointee within five (5)business days of the request by either party for a Board.Should the person chosen by the Guild and the person chosen by theAssociations fail to agree on a third person within ten (10) days of thenotification mentioned above, the Minister of Labour of the appropriateprovince or territory, or in Quebec, the Minister of Culture, will be asked toappoint a person to act as chair.Nothing herein shall prevent the parties to the grievance from mutuallyagreeing upon the appointment of an individual who is not listed inAppendix A to act as the Arbitrator.A522 The Arbitrator or Board of Arbitration shall have all remedial powers vestedin arbitrators under the labour relations legislation in the applicableprovince or territory. The Arbitrator has no jurisdiction to award punitivedamages.A523 The Arbitrator or Board of Arbitration shall not have the power or authorityto set aside, amend, modify, delete or add to any provision of thisAgreement.A524 The costs and expenses of the Arbitrator or Board of Arbitration shall beshared equally by the Guild, the Producer and/or the Association(s), whenparticipating.21

first be made to the list <strong>of</strong> arbitrators set out in section 9.1 <strong>of</strong> theNegotiation Protocol (Appendix A). In the event <strong>of</strong> a failure to agree upona single arbitrator, the Minister <strong>of</strong> Labour <strong>of</strong> the appropriate province orterritory, or in Quebec, the Minister <strong>of</strong> Culture, Communications and theStatus <strong>of</strong> Women will be asked to appoint an arbitrator.In exceptional cases, subject to agreement <strong>of</strong> the <strong>Guild</strong> and theAssociations, an arbitrable matter may be heard by a Board <strong>of</strong> Arbitration.The Board <strong>of</strong> Arbitration will be composed <strong>of</strong> one person, appointed by the<strong>Guild</strong>; and one person appointed by the Associations; and a third person toact as chair chosen by the other two members <strong>of</strong> the Board. Each party willnotify the other in writing <strong>of</strong> the name <strong>of</strong> its appointee within five (5)business days <strong>of</strong> the request by either party for a Board.Should the person chosen by the <strong>Guild</strong> and the person chosen by theAssociations fail to agree on a third person within ten (10) days <strong>of</strong> thenotification mentioned above, the Minister <strong>of</strong> Labour <strong>of</strong> the appropriateprovince or territory, or in Quebec, the Minister <strong>of</strong> Culture, will be asked toappoint a person to act as chair.Nothing herein shall prevent the parties to the grievance from mutuallyagreeing upon the appointment <strong>of</strong> an individual who is not listed inAppendix A to act as the Arbitrator.A522 The Arbitrator or Board <strong>of</strong> Arbitration shall have all remedial powers vestedin arbitrators under the labour relations legislation in the applicableprovince or territory. The Arbitrator has no jurisdiction to award punitivedamages.A523 The Arbitrator or Board <strong>of</strong> Arbitration shall not have the power or authorityto set aside, amend, modify, delete or add to any provision <strong>of</strong> thisAgreement.A524 The costs and expenses <strong>of</strong> the Arbitrator or Board <strong>of</strong> Arbitration shall beshared equally by the <strong>Guild</strong>, the Producer and/or the Association(s), whenparticipating.21

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