PART I LABOUR RELATIONS BOARD — Jurisdictional umpire

The umpire shall be appointed upon the terms and conditions that the Lieutenant-Governor in Council may establish.

A unionized employer, employers' organization, a trade union or council of trade unions may apply to the board for a determination of a jurisdictional dispute between unions in relation to which an employer for which the union is certified or has voluntarily recognized the union and the umpire shall, after giving all interested parties an opportunity to make submissions, give a decision in the matter.

In giving a decision with respect to a jurisdictional dispute the umpire shall consider existing agreements, decisions of the board and other adjudicative bodies and, in the absence of existing agreements, decisions of the board and other adjudicature bodies, past and area practices.

In this section "jurisdictional dispute" means a dispute in which a trade union alleges that work which would, taking into consideration an existing agreement, decisions in previous disputes or local and area practice, ordinarily have been assigned to its members has been assigned to members of another union and the union to which the work has been assigned contends that the assignment of work is a proper one.

A decision of the umpire has the same effect as a decision of the board and is final and binding and not subject to review.

Where a unionized employer, employers' organization, a trade union or council of trade unions agree or have agreed, either before or after the commencement of this section, as part of a collective agreement, to an individual to act as jurisdictional umpire for jurisdictional disputes, this section shall not apply unless the parties to the collective agreement mutually agree on its application.