Article 4 – Interest Arbitration and Essential Service Provision

The parties agree that there will be no strike or lockout at any time so long as this Collective Agreement is in force, including such periods of renegotiation as may occur from year to year.

The parties agree that in recognition of the important role played in the delivery of medical services by RDoS members, Article 4 represents the Essential Services Agreement required under the provisions of The Public Service Essential Services Act.

In the event that the parties have bargained collectively for the renewal of this Agreement and cannot conclude such renewal, either party may refer all outstanding issues to an interest arbitrator whose determination of the same shall be final and binding upon the parties. Notwithstanding such reference, nothing shall preclude the parties from additional discussions up to and including the conclusion of a new Collective Agreement.

Once a party has invoked the interest arbitration protocol, it is agreed and understood that the parties will forthwith request the assistance of a mediator from the Provincial Ministry of Labour Relations and Workplace Safety (or its successor) to develop the list of issues which will be referred to interest arbitration. The parties agree to make their best efforts to expedite this process. All matters tentatively agreed in negotiations will remain tentatively agreed and will form the balance of the renewed Collective Agreement at the conclusion of the arbitration process.

The parties will, prior to mediation, begin discussions on naming the arbitrator. Once the mediation process has concluded, if no agreement has been reached on an arbitrator, the Chairperson of the Labour Relations Board will appoint the arbitrator. The arbitrator’s jurisdiction will be limited to the matters listed by the parties via mediation. The arbitrator shall determine the procedure to be followed, but in so doing shall afford the parties a full opportunity to make their submissions on the issues submitted. The arbitrator shall render a decision as soon as reasonably practicable but in any event within one hundred and eighty (180) days of the close of the arbitration hearing.

The parties agree to share equally the arbitrator’s account for services rendered. The parties will pay their own expenses.