INFORMAL EXPEDITED HEARING PROCESS

WHEREAS the members of the Canadian Railway Office of Arbitration are desirous of making the most efficient use of scheduled hearing dates and

WHEREAS the ability to occasionally schedule or substitute cases on short notice for more informal hearings will assist the efficiency of the grievance and arbitration process

It is hereby agreed as follows:

1. Notwithstanding the procedural requirements of the Canadian Railway Office of Arbitration (CROA), and the normal practice of using written briefs in the presentation of cases, the parties may, by mutual agreement, submit grievances to be heard more informally and on short notice, to be referred to as "informal expedited cases".

2. Informal expedited cases may be placed on the docket of the CROA at any time prior to the hearing by leave of the arbitrator, in substitution of other cases between the same parties, or between other parties, where the originally scheduled case or cases have been withdrawn or adjourned.

3. Informal expedited cases may also be scheduled in advance, in accordance with the normal CROA scheduling process, where the parties so agree. Either party may withdraw from the process up to the commencement of the hearing.

4. Subject to any other agreement of the parties, informal expedited cases shall require no prior documentation, save that a joint statement of issue, or an ex parte statement by mutual agreement, shall be filed with the arbitrator no later than the commencement of the hearing.

5. At the hearing the positions of the parties shall be presented orally. Written briefs need not be utilized in the presentation of informal expedited cases. The parties may submit such documents, records or other evidence as they deem appropriate, subject to the normal rules of admissibility, the Canada Labour Code and the jurisdiction and discretion of the arbitrator as provided in clauses 11 and 12 of the Memorandum of Agreement establishing the Canadian Railway Office of Arbitration.

6. Awards shall not be precedential for the purposes of any future case. Expedited awards shall not be quoted or otherwise cited at the presentation of any case before the CROA, and shall not be reported, except to the parties, save as required by the Canada Labour Code. Written reasons for awards shall be provided only to the parties to the grievance.

7. Where, at any time during the filing or presentation of a case under this process, it appears to the arbitrator, after consultation with the parties, that the case is not appropriate for proper hearing and disposition under this process, and should be heard through the normal CROA procedures, he or she may refer the matter back to the parties to be progressed in accordance with the normal rules of the Memorandum of Agreement establishing the CROA.

8. Expedited cases handled under this process will be kept in CROA office for legal purposes although no CROA case number will be assigned to them. The numbering of these files will be for internal purposes only, and is not to form part of the written award issued to the parties. The number of cases handled under this process will be included in the report of the number of cases handled each year.

9. Notwithstanding the foregoing, the parties, may, by mutual agreement, request that mediation be involved in the Informal Expedited Process. The Arbitrator may, at his sole discretion, mediate the dispute in advance of the Informal Expedited Hearing. The parties must clearly advise CROA of their intent to utilize mediation as part of the process when scheduling the case.

DATED at Montreal, Quebec, this 19th day of April, 2002

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