CapitalCare Collective Agreement 2020-2024

Article 47: Grievance Arbitration

1. Within ten (10) days following receipt of notification pursuant to Article 46.02(e) or 46.03(b) that a grievance has been referred to an Arbitration Board, the Employer shall advise the Union of its appointee to the Arbitration Board. The appointees shall, within ten (10) days, endeavour to select a mutually acceptable chairman of the Arbitration Board.  If they fail to agree, the Minister of Human Resources and Employment shall be requested to appoint a Chairman, or a single arbitrator, pursuant to the Code.
2. The Arbitration Board or 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 Chairman of the Arbitration Board shall have authority to render an award with or without the concurrence of either of the other members.  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 a Board of Arbitration or 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 them seems just and reasonable in all circumstances.
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 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 the parties.