Alberta Health Services Collective Agreement 2024-2028

Article 47: Grievance Arbitration

1. Within fourteen (14) days following receipt of notification pursuant to Article 46.02(f) or 46.03(c) that a grievance has been referred to Arbitration the Union and Employer shall first endeavour to select a mutually acceptable single Arbitrator. If they fail to agree on a single Arbitrator the appropriate government agency or department shall be requested to appoint a Chairperson, to the Arbitration Board pursuant to the Code, after which the Union and the Employer will have fourteen (14) days to advise each other of their appointees to the Arbitration Board. 

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 Chairperson 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 a single 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 Chairperson 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.