ARTICLE 6 – ARBITRATION
| 6.01 | Unless the provisions of Article 5 have been complied with, a grievance shall not proceed to Arbitration. |
| 6.02 | A grievance shall proceed to Arbitration if either party makes service upon the other of written notice within ten (10) working days of the decision being rendered from the Step 2 grievance meeting. |
| 6.03 | The parties shall appoint a single Arbitrator from the following list within seven (7) working days of notice being provided as in Article 6.02: Blair Graham, Colin Robinson, Michael Werier, Jeff Palamar, Keith Labossiere. |
| 6.04 | The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, and in reaching a decision, shall be bound by the terms and provisions contained herein. |
| 6.05 | Both parties acknowledge the benefit of mediation and paper hearings when mutually agreed upon. |
| 6.06 | The Arbitrator may, before the hearing, require the representative of the parties to attend a preliminary hearing to define the issue(s) to be arbitrated and to establish the procedure to be followed at the hearings. |
| 6.07 | The Arbitrator shall hold the hearing and issue the award as promptly as possible |
| 6.08 | Unless otherwise agreed by both parties, arbitration shall take place in person. However, either party may have one or more participants attend the arbitration virtually. |
| 6.09 | The decision of the Arbitrator shall be final and binding on the parties. |
| 6.10 |
Where the grievor has been terminated or laid off, or has received a suspension without pay for more than thirty (30) days, the Union may use the following process: (a) Within fourteen (14) days of the Arbitrator being appointed under Article 6.03, the Arbitrator shall schedule a conference call with the parties or their representatives to schedule the arbitration hearing. (b) The Arbitrator shall complete the hearing and hand down the award within one hundred and twenty (120) days of the Arbitrator being appointed under Article 6.03, provided the time limits in Article 5 and this Article have been complied with. |
| 6.11 | Each party shall pay one-half the fees and expenses of the Arbitrator. |
TEAM is an affiliate of the International Federation of Professional and Technical Engineers (IFPTE), AFL-CIO & CLC. Established on July 1, 1918, the IFPTE is a diverse labour union advocating on behalf of more than 90,000 workers in professional, technical, administrative and associated occupations in Canada and the United States.