Acts and Regulations

I-4 - Industrial Relations Act

Section 76
Disposition versions

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Powers of arbitrator or arbitration board
76(1)The arbitrator or the arbitration board, as the case may be, in any proceeding under the provisions of section 55, has power
(a) to summon and enforce the attendance of witnesses and to compel them to give evidence in the same manner as a court of record in civil cases, orally or in writing, and to produce such documents and do all other things that, during the proceedings, the arbitrator or arbitration board may require,
(b) to administer oaths and affirmations of witnesses,
(c) to enter any premises where work is being done or has been done or commenced by the employees, in which the employer carried on business, or where anything is taking place or has taken place concerning any of the differences submitted to him or it, and to inspect and view any work, material, machinery, appliance or article therein, and interrogate any person in the presence of the parties or their representatives respecting any such thing or any of such differences,
(d) to authorize any person to do any things that the arbitrator or arbitration board may do under paragraph (c) and report to the arbitrator or arbitration board thereon,
(e) to receive and accept any relevant evidence whether admissible in evidence in a court of law or not, and
(f) to correct in any award any clerical mistake, error or omission.
76(2)Any arbitrator or member of an arbitration board may administer an oath or take an affirmation under this section.
76(3)The arbitrator or the arbitration board by his or its decision in a proceeding under the provisions of section 55 shall not alter, amend or change the terms of the collective agreement.
76(4)Notwithstanding anything in the collective agreement, where the arbitrator or the arbitration board in a proceeding under the provisions of section 55 determines that an employee has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator or the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the circumstances.
76(5)Notwithstanding anything in the agreement or in this Act, the arbitrator or the arbitration board in a proceeding under the provisions of section 55 may reserve jurisdiction on any matter of compensation or on any matter relating to the application of an award, and, with respect to any matter so reserved, the award shall be deemed not to have been made until a notification is received of settlement by the parties and incorporated in an award or a final disposition of the matter is made in an award.
1971, c.9, s.77
Arbitration
76(1)The arbitrator or the arbitration board, as the case may be, in any proceeding under the provisions of section 55, has power
(a) to summon and enforce the attendance of witnesses and to compel them to give evidence in the same manner as a court of record in civil cases, orally or in writing, and to produce such documents and do all other things that, during the proceedings, the arbitrator or arbitration board may require,
(b) to administer oaths and affirmations of witnesses,
(c) to enter any premises where work is being done or has been done or commenced by the employees, in which the employer carried on business, or where anything is taking place or has taken place concerning any of the differences submitted to him or it, and to inspect and view any work, material, machinery, appliance or article therein, and interrogate any person in the presence of the parties or their representatives respecting any such thing or any of such differences,
(d) to authorize any person to do any things that the arbitrator or arbitration board may do under paragraph (c) and report to the arbitrator or arbitration board thereon,
(e) to receive and accept any relevant evidence whether admissible in evidence in a court of law or not, and
(f) to correct in any award any clerical mistake, error or omission.
76(2)Any arbitrator or member of an arbitration board may administer an oath or take an affirmation under this section.
76(3)The arbitrator or the arbitration board by his or its decision in a proceeding under the provisions of section 55 shall not alter, amend or change the terms of the collective agreement.
76(4)Notwithstanding anything in the collective agreement, where the arbitrator or the arbitration board in a proceeding under the provisions of section 55 determines that an employee has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the arbitrator or the arbitration board may substitute such other penalty for the discharge or discipline as to the arbitrator or arbitration board seems just and reasonable in all the circumstances.
76(5)Notwithstanding anything in the agreement or in this Act, the arbitrator or the arbitration board in a proceeding under the provisions of section 55 may reserve jurisdiction on any matter of compensation or on any matter relating to the application of an award, and, with respect to any matter so reserved, the award shall be deemed not to have been made until a notification is received of settlement by the parties and incorporated in an award or a final disposition of the matter is made in an award.
1971, c.9, s.77