days until our Collective Agreement expires, we are preparing, we are united and we will make change.

ARTICLE 15 – Arbitration




15.01              Any dispute not settled in accordance with Article 13 or 14 may be submitted to an arbitrator who will be selected jointly by the parties.  The party electing arbitration will serve notice of intent to arbitrate within ninety (90) days of receipt of the Company’s decision and will submit the name of one (1) or more arbitrators to the other party.  If the parties are unable to agree on the choice of an arbitrator within thirty (30) calendar days after notice of intent has been received, the Minister of Labour will be requested to name the arbitrator.


15.01.01      In the case of suspension pending discharge, the arbitration hearings will commence within one hundred twenty (120) days of receipt of the Company’s Step II decision.


15.02              The arbitrator shall have jurisdiction to consider any matter properly submitted to him under the terms of this Agreement.


15.03              The arbitrator shall have no jurisdiction to alter, modify, amend or make any decision inconsistent with the terms of this Agreement.


15.04              The arbitrator shall establish his/her own procedure consistent with the requirements of natural justice.


15.05              The arbitrator shall make every effort to render a decision with the minimum delay and in no case more than thirty (30) calendar days from the date of the final hearing.


15.06              The arbitrator shall, in the case of a grievance appeal, have the authority to render any decision that s/he considers just and equitable.


15.07.01       In the case of disciplinary or discharge appeals, the arbitrator shall have the authority to determine whether the disciplinary or discharge action taken by the Company was for just and proper cause.


15.07.02       In such disciplinary or discharge appeals, the arbitrator may uphold the Company’s final decision, fully exonerate and reinstate the appellant with pay for all time lost or render such other decision as s/he considers just and equitable.


15.07.03       In the case of an arbitration where the decision has been to reinstate the employee, any salary adjustment included in the decision will be paid to the employee within thirty (30) days of receipt of the decision.


15.08              A decision of the arbitrator shall be final and binding on the Union, the Company and the employee involved.


15.09              Upon request, either party shall provide the other party with copies of all documents relative to the case.


15.10              All employee witnesses called by the arbitrator or the Union shall be granted time off subject to the requirements of the service and shall be provided with space available transportation to and from the hearing.


15.11              The compensation of the arbitrator and the expenses incurred by him shall be borne equally by each party.


15.12       The provisions of Article 15 shall not in any way limit, restrict or abridge any rights or privileges accorded either party under the law.