Article 13 - Arbitration

In the event that any grievance or matter in dispute has not been settled through the process outlined in Article 12, either party may, within thirty (30) days of receipt of the written decision, submit the grievance or matter in dispute to Arbitration. The time limits imposed by the subsequent provisions may be waived by the parties upon agreement.

In the event that either party to this Agreement decides that a grievance should proceed to the arbitration stage, the appointment of an Arbitrator will be made by mutual agreement.

In the event that the agreed to Arbitrator is unable to hear the grievance within a reasonable period of time or declares a conflict of interest, the parties will reconvene to determine another Arbitrator to hear the grievance.

The Arbitrator shall hear the evidence of both parties and render a written decision within thirty (30) days from the completion of taking evidence. The Arbitrator's decision on the matter at issue shall be final and binding on both parties, but the Arbitrator shall not be empowered to add to, subtract from, alter or amend the Collective Agreement in any way.

The Arbitrator shall have the power to hear any arguments as to whether, in order to avoid consideration of substantive issues, time limits set forth in the grievance procedure have been unreasonably enforced. The Arbitrator may decide to deal with the case placed before it, despite such minor deficiencies.

The Arbitrator shall have the power to dispose of any grievance involving dismissal or disciplinary action by any arrangement which it deems just and equitable.

The fees and expenses of the Arbitrator shall be shared equally between the parties. Each party shall be responsible for the costs, fees and expenses of its witnesses.