Division II - Collective Agreements — Powers of arbitration board

may determine its own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to it;

has in relation to a proceeding before it, power to

summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath or affirmation and to produce those documents and things that the arbitration board considers necessary to the full investigation and consideration of a matter that is within its jurisdiction and before it in the proceeding, (ii) administer oaths and affirmations, (iii) receive and accept the evidence and information on oath, affidavit or otherwise that the arbitration board considers desirable, whether admissible in a court of law or not, and (iv) enter the premises of an employer where work is being done by an employee and inspect and view work, materials, machinery, appliances or articles there and interrogate persons respecting a matter that is before the arbitration board in the proceeding; and

has power to determine a question as to whether a matter referred to the arbitration board is arbitrable.

Where an arbitration board determines that an employee has been discharged or disciplined by an employer for cause, it may, except when the penalty is prescribed in the collective agreement that is binding upon the employees and employer, review and modify the penalty imposed by the employer and, in the case of the discharge of the employee, substitute another penalty that to it seems just and reasonable in the circumstances.

An arbitration board appointed under this Act or under a collective agreement shall begin arbitration proceedings within 7 days after it is constituted and shall deliver its decision or award within 35 days after the beginning of the arbitration proceedings, but these limits may be extended by agreement of the parties concerned, and in that event the decision or award shall be delivered within that extended period.

An arbitration board shall give its decision and award in writing and shall provide a copy of it to the minister within 3 days after it is made.

An arbitration board appointed under this Act or under a collective agreement has the powers that are or may be conferred on commissioners under the Public Inquiries Act.