Associated Ambulance & Services (Whitecourt) Ltd., Collective Agreement 2020-2025

Article 33: Grievance Arbitration

1. Within ten (10) days following receipt of notification pursuant to Article 32.02 (d) or 32.03 (c) that a grievance has been advanced to Arbitration, the Employer shall advise the Union of its counsel to the Arbitration Board.  The counsels from both parties shall, within ten (10) days, endeavour to select a mutually acceptable single Arbitrator. If they fail to agree, the Director of Labour Relations and Mediation Services shall be requested to appoint a single Arbitrator pursuant to the Code.
2. The single Arbitrator shall hold a hearing of the grievance to determine the difference and, shall render an award in writing as soon as possible after the hearing.  The Arbitrator shall have authority to render an award. The award is final and binding upon the parties and upon any Employee affected by it and is enforceable pursuant to the Code.
3. The award shall be governed by the terms of this Collective Agreement and shall not alter, amend, or change the terms of this Collective Agreement; however, where an Arbitrator, by way of an award, 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 may substitute any penalty for the discharge or discipline that to the Arbitrator seems just and reasonable in all circumstances.
4. The fees and expenses of the Arbitrator shall be borne equally by the parties.
5. Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by both parties.
6. The Employee attending any Arbitration Proceeding(s) related to Article 33 shall be compensated at their applicable rate of pay for the duration of such Arbitration Proceeding(s), providing that the Employee is still employed by the Employer.
7. Upon request, the Employer shall provide full disclosure of all relevant information and documents it relied on to support its actions that resulted in a grievance between an Employee and the Employer or the Union and the Employer.