Comparison of the two Collective Agreements based on the Comparison of the two Collective Agreements based on the Arbitration clauses:

Contract 1: Arbitration

Any grievance processed in accordance with the grievance procedures may be submitted to arbitration by either party within fifteen (15) days of receiving the Employers response under XIII.3.1.2.

The parties agree that they will confer no later than thirty (30) days before the scheduled arbitration hearing and use their best efforts to resolve the grievance.

Arbitration shall be by a single arbitrator, unless the Parties agree to refer the matter to a three (3) person Board of Arbitration. In the event that the Parties elect for a three (3) person Board, the parties have ten (10) days to name their nominee to the panel.

Where a single Arbitrator determines the grievance, the following shall apply:

(a) The parties agree that the following persons serve as single Arbitrators on a rotating basis so long as this Collective Agreement continues to operate:

Kevin Burkett Louisa Davie Brian Etherington Pamela Picher Brian Sheehan

(b) The persons specified in (a) above shall serve as single Arbitrators in rotation according to the order in which they are listed. If an arbitrator is not available or agreeable to commence hearings within thirty (30) days of being notified of their requested appointment, the next person on the list shall be selected, and so on, until one of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list.

(c) If none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties, within fifteen (15) days shall ask the Ontario Minister of Labour to appoint such single Arbitrator.

(d) Where the parties agree to have a three-member Arbitration Board, it shall consist of a nominee from each of the parties and a Chair to be chosen on a rotation basis from the panel of arbitrators in XIII.3.2.4.1(a) and in the manner provided in XIII.3.2.4.1 (b) and (c).

The single Arbitrator or the Board of Arbitration shall determine its own procedures but shall give full opportunity to all parties to present evidence and make representations.

The single Arbitrator or Board of Arbitration shall confine itself to the grievance submitted and shall have the power to amend technical deficiencies of the grievance and modify penalties including disciplinary penalties but shall not by its decision add to, delete from, modify or otherwise amend the provisions of this Agreement, nor shall it decide any other issue than that submitted to it.

No person shall be appointed as an arbitrator who has been involved with or has attempted to negotiate or settle the grievance or who has any other conflict of interest.

Each of the parties shall bear the expense of its appointee, if any, to the Arbitration Board, and one-half (1/2) of the expense of the Chair or single Arbitrator. The parties shall pay their own expense of appearing at the hearing.

Where the grievance concerns a charge of discrimination pursuant to Articles I.2.4.1 or I.2.4.2 and the grievor demonstrates the existence of a pattern consistent with discrimination, the arbitrator(s) shall require the party against whom the grievance is filed to show that there was no discrimination in fact.

Without limiting the operations of other appropriate provisions of this Article, the Arbitrator(s) shall have the power to award compensation, but only to the extent of recovery of monetary losses actually suffered by an individual member or party arising from the proven breach.

The decision of the single arbitrator or Board of Arbitration, including any remedy or remedies, shall be final and binding on both parties.

Contract 2: Arbitration

Any grievance processed in accordance with the grievance procedures may be submitted to arbitration by either party within fifteen (15) days of receiving the Employers response under XIII.3.1.2.

The parties agree that they will confer no later than thirty (30) days before the scheduled arbitration hearing and use their best efforts to resolve the grievance.

Arbitration shall be by a single arbitrator, unless the parties agree to refer the matter to a three (3) person Board of Arbitration. In the event that the parties elect for a three (3) person Board, the parties have ten (10) days to name their nominee to the panel.

Where a single Arbitrator determines the grievance, the following shall apply:

(a) The parties agree that the following persons serve as single Arbitrators on a rotating basis so long as this Collective Agreement continues to operate:

Kevin Burkett Eli Gedalof Sheri Price Brian Sheehan Jasbir Parmar

(b) The persons specified in (a) above shall serve as single Arbitrators in rotation according to the order in which they are listed. If an arbitrator is not available or agreeable to commence hearings within thirty (30) days of being notified of their requested appointment, the next person on the list shall be selected, and so on, until one of those on the list is available. For the next arbitration thereafter, the person who appears on the list immediately after the arbitrator last selected shall be next in the sequence of selection. However, by mutual consent in writing, the parties may select a listed arbitrator out of turn or select an arbitrator not on the list.

(c) If none of the persons on the list specified in (a) above can or will act within the required time, and if the parties do not agree on another arbitrator in accordance with (b) above, the parties, within fifteen (15) days shall ask the Ontario Minister of Labour to appoint such single Arbitrator.

(d) Where the parties agree to have a three-member Arbitration Board, it shall consist of a nominee from each of the parties and a Chair to be chosen on a rotation basis from the panel of arbitrators in XIII.3.2.4.1(a) and in the manner provided in XIII.3.2.4.1 (b) and (c).

The single Arbitrator or the Board of Arbitration shall determine its own procedures but shall give full opportunity to all parties to present evidence and make representations.

The single Arbitrator or Board of Arbitration shall confine itself to the grievance submitted and shall have the power to amend technical deficiencies of the grievance and modify penalties including disciplinary penalties but shall not by its decision add to, delete from, modify or otherwise amend the provisions of this Agreement, nor shall it decide any other issue than that submitted to it.

No person shall be appointed as an arbitrator who has been involved with or has attempted to negotiate or settle the grievance or who has any other conflict of interest.

Each of the parties shall bear the expense of its appointee, if any, to the Arbitration Board, and one-half (1/2) of the expense of the Chair or single Arbitrator. The parties shall pay their own expense of appearing at the hearing.

Where the grievance concerns a charge of discrimination pursuant to Articles I.2.4 and the grievor demonstrates the existence of a pattern consistent with discrimination, the arbitrator(s) shall require the party against whom the grievance is filed to show that there was no discrimination in fact.

Without limiting the operations of other appropriate provisions of this Article, the Arbitrator(s) shall have the power to award compensation, but only to the extent of recovery of monetary losses actually suffered by an individual member or party arising from the proven breach.

The decision of the single arbitrator or Board of Arbitration, including any remedy or remedies, shall be final and binding on both parties.