85(1)Where a trade union or a council of trade unions and an employer or an employers’ organization have made an arrangement to resolve any differences between them arising from the assignment of work and have designated a tribunal in accordance with subsection 82(4), the Chief Executive Officer, or such other person as may be designated by the Chief Executive Officer, shall immediately notify the designated tribunal of a complaint under section 83 and the Board shall, upon such terms and conditions as it may fix, postpone an inquiry into the complaint until the difference has been referred and dealt with in accordance with such arrangement.

85(2)No complaint under subsection 83(1) may be made by a trade union, council of trade unions, employer or employers’ organization that has entered into a collective agreement that contains a provision requiring the reference of any difference between them arising out of work assignment to a tribunal mutually selected by them with respect to any difference as to work assignment that can be resolved under the collective agreement, and such trade union, council of trade unions, employer or employers’ organization shall do or abstain from doing anything required of it by the decision of such tribunal, but nothing in this subsection shall, on a complaint being made, preclude the Board from prescribing the referral of a complaint in accordance with the provisions of the collective agreement.