Maxxam Analytics Inc. - BC Government and Service Employees ...

BCGEU and Maxxam Analytics Inc. (03/2012) Page 11and the power to waive formal procedural irregularities in the processing of a grievance in order todetermine the real matter in dispute and to render a decision according to equitable principles and thejustice of the case.8.13 Effective Date of SettlementsSettlements reached at any step of the grievance procedure in this article, other than Article 8.11, shall beapplied retroactively to the date of the occurrence of the action or situation which gave rise to thegrievance, but not prior to the effective date of the Agreement in effect at the time of the occurrence orthe date set by a board of arbitration.8.14 Amending Time LimitsThe time limits fixed in this grievance procedure may be altered by mutual consent of the parties, but thesame must be in writing.9.1 NotificationARTICLE 9 - ARBITRATION(a) Where a difference arising between the parties relating to the interpretation, application, oradministration of this Agreement, including any question as to whether a matter is arbitrable, or wherean allegation is made that a term or condition of this Agreement has been violated, either of the partiesmay, after exhausting the grievance procedure in Article 8, submit the dispute to arbitration withinthirty (30) days after the Employer's decision has been received or was due.(b) A submission of such a difference or allegation to arbitration shall be by registered mail to theGeneral Manager or the designated union representative.9.2 Assignment of a Single Arbitrator(a) When a party has requested that a grievance be submitted to an arbitration and either party hasrequested that a hearing date be set, the parties shall assign an arbitrator from the mutually agreed uponlist of single arbitrators listed in Appendix 2 and set a date for the hearing.(b)(c)Depending upon availability, single arbitrators shall be assigned cases on a rotating basis.An arbitrator may be removed from the list by mutual agreement.9.3 Board ProcedureThe Arbitrator may determine his/her own procedure in accordance with the relevant legislation and shallgive full opportunity to all parties to present evidence and make representations. He/she shall hear anddetermine the difference or allegation and shall render a decision within sixty (60) days of the conclusionof the hearing.9.4 Decision of ArbitratorThe decision of the Arbitrator shall be final, binding, and enforceable on the parties. The Arbitrator shallhave the power to dispose of a discharge or discipline grievance by any arrangement which he/she deemsjust and equitable. However, the Arbitrator shall not have the power to change this Agreement or to alter,modify, or amend any of its provisions.9.5 Disagreement on DecisionShould the parties disagree as to the meaning of the Arbitrator's decision, either party may apply to theArbitrator to clarify the decision, which he/she shall make every effort to do within seven (7) days.