STU
NL · Labour Relations Act (unions and bargaining) · Article 81.1 · clause 81.1 · RSNL1990 c L-1

Division I - Collective Bargaining — Arbitration of agreement

81.1

(1) Where a trade union or a council of trade unions and an employers' organization have been engaged in collective bargaining to conclude a first collective agreement applicable to employees employed on an offshore petroleum production platform and either party is satisfied that an agreement cannot be reached, that party may by written notice to the other party require matters in dispute to be referred to an arbitration board and those matters shall be settled by arbitration.

81.1(2)

The notice given under subsection (1) shall contain the name of the person appointed to be arbitrator by the party giving the notice.

81.1(3)

The party to whom the notice is given shall within 10 days after receiving the notice name the person who it appoints to be arbitrator and advise the party who gave the notice of the name of its appointee.

81.1(4)

The 2 arbitrators named in accordance with this provision shall within 10 days after the appointment of the second of them name a third arbitrator and he or she shall be the chairperson of the arbitration board.

81.1(5)

Where the party to whom notice is given fails to name an arbitrator within the period of 10 days after receiving the notice or where the 2 arbitrators named by the parties fail to agree upon the naming of the chairperson within 10 days after the naming of the second arbitrator, the minister shall, on the request of either party, name an arbitrator on behalf of the party who failed to name an arbitrator, or shall name the chairperson and, where the case so requires, the minister shall name the second arbitrator and the chairperson.

81.1(6)

The decision of the majority of the members of the board of arbitrators is the decision of the board and, where there is no majority decision, the decision of the chairperson shall be the decision of the board.

81.1(7)

Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally.

81.1(8)

Where a trade union or a council of trade unions and an employers' organization referred to in this section so agree, a single arbitrator satisfactory to the parties may be appointed instead of an arbitration board, and where a single arbitrator is appointed under this subsection, the arbitrator has the powers and duties conferred and imposed on an arbitration board formed in accordance with this section, and reference to a board of arbitration in these provisions shall be considered reference to a single arbitrator appointed in accordance with this subsection.

Not legal advice. Verify the cited article against the signed agreement.