WCB – Alberta (Millard Health) Collective Agreement 2021-2024

Article 49: Arbitration

1. Within seven (7) days following receipt of notification pursuant to Article 48.01(c) or 48.03(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 seven (7) days, endeavour to select a mutually acceptable Chair of the Arbitration Board. If they fail to agree, the Labour Relations Board shall be requested to appoint a Chair pursuant to the Act, upon the request of either party, or to appoint a single arbitrator.
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 Chair of the Arbitration Board shall have authority to render an award with 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 Act.
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 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 expenses of its appointee to the Arbitration Board. The fees and expenses of the Chair or single Arbitrator shall be borne equally by the parties.