35. If, within that two-month period, the parties fail to reach agreement on all the issues at issue, the recommendations of the fact-panel on the unresolved issues will be made public. No changes shall be made if the Governing Council and the Association Council do not approve the recommendations or amendments to the recommendations. Where recommendations are jointly agreed and approved by the Governing Council and the Association Council, the agreed matters shall be part of Article 2 or the corresponding Article of the Agreement. 31. If the parties, with the support of the facilitator, fail to reach agreement on such matters, either party may refer the matter to the party or parties to the case at the procedural stage. The fact-finding phase is carried out by a panel of three members, provided that the parties reach an agreement on the three members of the panel, failing which there will be a factual of a person named as follows. The parties may designate each person by mutual agreement. If no agreement is reached, the parties will ask the Supreme Judge of Ontario to appoint the factist. The criteria for appointment by the Supreme Justice are that the fact-seeker is outside the university (i.e.
not a current faculty member or librarian) who is a current or former academic with academic results at a peer university with a comparable research intensity, has expertise and extensive university experience, and brings a fair perspective to the research task of the facts. If the agreed or appointed postman does not have legal training or professional experience in labour relations, he or she may seek advice from the legal counsel of the Tenure Appeals Committee at the University of Toronto or from the Chair of the Complaints Commission, as the factual person deems appropriate. The Complaints Commission shall have access to any written document relating to the complaint and shall have the power to question the parties to the dispute or any person who may assist in the resolution of the matter. The Complaints Commission should strive to minimize friction and maintain collegial relations and may resort to adversarial hearings only if no other means are satisfactory. Where the Appeals Body is in place to appoint an external lawyer, the Appeals Body shall select that adviser, subject to the mutual agreement of the parties. S. 34. the recommendations of the fact-panel are published only two (2) months after the publication of the recommendations to the parties. During this period, the parties may agree on the issues in dispute.
30. For those above. Subject to the time limit provided for in point 29(a), the parties shall agree on an intermediary to assist them in reaching an amicable settlement. If the parties are unable to reach an agreement, the Chief Justice of Ontario appoints the moderator. 37. The University of Toronto will inform the association in due course of proposed changes or proposed new terms and conditions of employment across the university for faculty members and/or librarians. The association has an appropriate opportunity to respond to such proposals. If the administration and the association agree that the proposal contains essential conditions of employment or if no agreement is reached on the prompt application to the Complaints Committee, the Complaints Body decides that it contains essential conditions of employment, the Association may refer the matter to the facilitation and factual process and no changes (no agreements) are made before one (1) month of the end of the facilitation process and finding facts (i.e.
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