Acts and Regulations

I-4 - Industrial Relations Act

Section 55.01
Disposition versions

Full text
Request for referral to arbitrator
55.01(1)Notwithstanding the arbitration provisions in a collective agreement or deemed to be contained in a collective agreement under subsection 55(2) but subject to subsection (2), a party to a collective agreement may, in writing, request that the Minister refer to an arbitrator any difference between the parties to, or persons bound by, the collective agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the collective agreement, including any question as to whether a matter is arbitrable.
55.01(2)A request under subsection (1) shall not be made
(a) unless the grievance procedure under the collective agreement has been exhausted or thirty days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever occurs first, or
(b) if the difference has been referred to arbitration under the collective agreement by the party who wishes to make the request under subsection (1) or the time, if any, stipulated in or permitted by the collective agreement for referring the difference to arbitration has expired.
55.01(3)At the time of the making of a request under subsection (1), the party making the request shall send a copy of the request to the other party to the difference.
55.01(4)Where a request under subsection (1) is received by the Minister, the Minister
(a) shall appoint an arbitrator to hear and determine the matter arising out of the difference,
(b) shall fix the day, not later than twenty-eight days after the day on which the difference was referred to the Minister, on which the hearing by the arbitrator will commence, and
(c) may, if one party so requests and the other party agrees, appoint a grievance mediator to assist the parties in settling the grievance before the hearing.
55.01(5)If a request or more than one request concerns several differences arising under the collective agreement, the Minister may, in the Minister’s discretion, appoint an arbitrator under paragraph (4)(a) to deal with all the differences raised in the request or requests.
55.01(6)If a grievance mediator is appointed under paragraph (4)(c), the grievance mediator shall, within ten days after the appointment or within such further time as the Minister may allow,
(a) inquire into the difference,
(b) endeavour to assist the parties in settling the difference, and
(c) report to the Minister on the results of the inquiry and the success of the settlement effort.
55.01(7)If a grievance mediator is not appointed under paragraph (4)(c), or if the parties are unable to settle the difference with the assistance of a grievance mediator appointed under paragraph (4)(c), the arbitrator appointed under paragraph (4)(a) shall
(a) proceed to hear and determine the matter arising out of the difference, and
(b) subject to subsection (8), issue to the parties and file with the Minister a decision within twenty-one days after the conclusion of the hearing.
55.01(8)If requested to do so by the parties to the difference, an arbitrator appointed under paragraph (4)(a) shall
(a) if possible, issue an oral decision within one day after the conclusion of the hearing, and
(b) issue to the parties and file with the Minister written reasons within twenty-one days after the conclusion of the hearing.
55.01(9)If the arbitrator does not issue a decision within the time referred to in paragraph (7)(b) or does not issue written reasons within the time referred to in paragraph (8)(b), the Minister may make such order as the Minister considers necessary to ensure that the decision or the written reasons will be issued without further undue delay.
55.01(10)The Minister may establish a list of approved arbitrators for the purpose of this section.
55.01(11)For the purpose of advising the Minister with respect to persons qualified to act as arbitrators and other matters related to arbitrations under this section, the Minister may appoint an advisory committee comprised of
(a) three members who, in the opinion of the Minister, are representative of employers,
(b) three members who, in the opinion of the Minister, are representative of employees, and
(c) one member who, in the opinion of the Minister, is not representative of either employers or employees, to be the chairperson of the advisory committee.
55.01(12)Where the Minister appoints an arbitrator under paragraph (4)(a), the parties to the difference shall each pay one-half of the remuneration and expenses of the arbitrator.
55.01(13)Where the Minister appoints an arbitrator under paragraph (4)(a), subsection 74(2) and sections 76, 77 and 78 shall apply with the necessary modifications.
1997, c.6, s.1
Settlement of grievances
55.01(1)Notwithstanding the arbitration provisions in a collective agreement or deemed to be contained in a collective agreement under subsection 55(2) but subject to subsection (2), a party to a collective agreement may, in writing, request that the Minister refer to an arbitrator any difference between the parties to, or persons bound by, the collective agreement or on whose behalf it was entered into, concerning its interpretation, application, administration or an alleged violation of the collective agreement, including any question as to whether a matter is arbitrable.
55.01(2)A request under subsection (1) shall not be made
(a) unless the grievance procedure under the collective agreement has been exhausted or thirty days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever occurs first, or
(b) if the difference has been referred to arbitration under the collective agreement by the party who wishes to make the request under subsection (1) or the time, if any, stipulated in or permitted by the collective agreement for referring the difference to arbitration has expired.
55.01(3)At the time of the making of a request under subsection (1), the party making the request shall send a copy of the request to the other party to the difference.
55.01(4)Where a request under subsection (1) is received by the Minister, the Minister
(a) shall appoint an arbitrator to hear and determine the matter arising out of the difference,
(b) shall fix the day, not later than twenty-eight days after the day on which the difference was referred to the Minister, on which the hearing by the arbitrator will commence, and
(c) may, if one party so requests and the other party agrees, appoint a grievance mediator to assist the parties in settling the grievance before the hearing.
55.01(5)If a request or more than one request concerns several differences arising under the collective agreement, the Minister may, in the Minister’s discretion, appoint an arbitrator under paragraph (4)(a) to deal with all the differences raised in the request or requests.
55.01(6)If a grievance mediator is appointed under paragraph (4)(c), the grievance mediator shall, within ten days after the appointment or within such further time as the Minister may allow,
(a) inquire into the difference,
(b) endeavour to assist the parties in settling the difference, and
(c) report to the Minister on the results of the inquiry and the success of the settlement effort.
55.01(7)If a grievance mediator is not appointed under paragraph (4)(c), or if the parties are unable to settle the difference with the assistance of a grievance mediator appointed under paragraph (4)(c), the arbitrator appointed under paragraph (4)(a) shall
(a) proceed to hear and determine the matter arising out of the difference, and
(b) subject to subsection (8), issue to the parties and file with the Minister a decision within twenty-one days after the conclusion of the hearing.
55.01(8)If requested to do so by the parties to the difference, an arbitrator appointed under paragraph (4)(a) shall
(a) if possible, issue an oral decision within one day after the conclusion of the hearing, and
(b) issue to the parties and file with the Minister written reasons within twenty-one days after the conclusion of the hearing.
55.01(9)If the arbitrator does not issue a decision within the time referred to in paragraph (7)(b) or does not issue written reasons within the time referred to in paragraph (8)(b), the Minister may make such order as the Minister considers necessary to ensure that the decision or the written reasons will be issued without further undue delay.
55.01(10)The Minister may establish a list of approved arbitrators for the purpose of this section.
55.01(11)For the purpose of advising the Minister with respect to persons qualified to act as arbitrators and other matters related to arbitrations under this section, the Minister may appoint an advisory committee comprised of
(a) three members who, in the opinion of the Minister, are representative of employers,
(b) three members who, in the opinion of the Minister, are representative of employees, and
(c) one member who, in the opinion of the Minister, is not representative of either employers or employees, to be the chairperson of the advisory committee.
55.01(12)Where the Minister appoints an arbitrator under paragraph (4)(a), the parties to the difference shall each pay one-half of the remuneration and expenses of the arbitrator.
55.01(13)Where the Minister appoints an arbitrator under paragraph (4)(a), subsection 74(2) and sections 76, 77 and 78 shall apply with the necessary modifications.
1997, c.6, s.1