Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 37: Arbitration

1. Within ten (10) days following receipt of notification that a grievance has been referred to an Arbitration Board, the Party receiving the notification shall advise the other Party of its appointee to the Arbitration Board.  The appointees shall, within ten (10) days, endeavor to select a mutually acceptable Chair of the Arbitration Board.  If they fail to agree, the Minister of Labour shall be requested to appoint a Chair, pursuant to the Code.
2. The Arbitration Board (or the single Arbitrator if mutually agreed by the Parties) 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.  In the case of an Arbitration Board, the decision of the majority of the Arbitration Board thus rendered or the decision of the single Arbitrator shall be final and binding on the Parties.  If there is no majority decision in the case of an Arbitration Board, the decision of the Chairman governs and their decision shall be deemed to be the award of the Arbitration Board and it shall be final and binding on the Parties.
3. Except as provided below, 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 a Board of Arbitration or an Arbitrator, by way of an award, determines that an Employee has been discharged or otherwise disciplined by the Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the Arbitration, and where the Board of Arbitration or the Arbitrator finds the penalty unreasonable in the circumstances, the Board of Arbitration or the Arbitrator may substitute any penalty for the discharge or discipline that seems to them just and reasonable.
4. Each of the Parties shall bear the expense of its appointee to the Arbitration Board.  The fees and expenses of the Chairman or single Arbitrator shall be shared 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 the Parties.