Siksika Health Services Collective Agreement 2023-2026

Article 9: Grievance Arbitration

1. The party requesting Arbitration shall notify the other party of the name of their proposed Arbitrator. Within ten (10) calendar days of receipt of such written notice, the party so notified will respond with its proposed Arbitrator and the parties shall attempt to agree upon an Arbitrator.
2. If the parties cannot agree to a single Arbitrator, or fail to do so, they shall jointly request the Minister of Labour to appoint a qualified person to act as single Arbitrator.
3. The Arbitrator shall not have jurisdiction to alter, add to, subtract from thisAgreement or to substitute any new provisions in lieu thereof or to give any decisioninconsistent with the term of this Agreement or to deal with any matter not coveredby this Agreement.
4. In the event that the 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.
5. The decision of the Arbitrator shall be final and binding on both parties.
6. The Employer and the Union shall equally bear the fee and expense of the Arbitrator.
7. The 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.
8. Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the parties.