Article 22 – Arbitration

If a satisfactory decision is not rendered within the time limits of Stage 2, either Party may, within thirty (30) calendar days of the Stage 2 grievance decision or forty-four (44) calendar days of the Stage 2 hearing if a decision has not been provided, refer the written grievance to Arbitration.

Within thirty (30) calendar days of the receipt of the written notice of intent to submit the grievance to arbitration, the Parties shall appoint a sole arbitrator to hear the grievance. Where the Parties fail to agree upon a sole arbitrator within the preceding time frame, the Minister of Labour shall, on the request of either Party, appoint a sole arbitrator to hear the grievance.

The arbitrator shall hear the evidence of both Parties and render a written decision within thirty (30) calendar days from the completion of taking evidence. The decision of the arbitrator 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.

Any 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 them, where the time deficiency is minor.

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.

The time limits imposed in this Article by the foregoing provisions may be amended by the Parties upon agreement.

Arbitrations shall be held at a location outside the Employer's premises, unless the Parties mutually agree to hold the hearings on the Employer's premises in which case the Employer shall provide appropriate space for the hearing and each of the Parties.