Division II - Collective Agreements — Settlement by arbitration

Where an employer or employers' organization has entered into a collective agreement, then, notwithstanding anything to the contrary in this Act or in the collective agreement, a dispute or difference between the parties to the collective agreement, including persons bound by the collective agreement, relating to or involving

the interpretation, meaning, application or administration of the collective agreement or a provision of the collective agreement; compliance with the collective agreement in the manner stipulated; and

a violation or an allegation of a violation of the collective agreement; reinstatement of an employee in the case of a dismissal or suspension instead of dismissal with or without compensation.

working conditions; or

a question whether a matter is arbitrable, shall be submitted for final settlement to arbitration in accordance with this section in substitution for an arbitration or arbitration procedure provided for in the collective agreement.

Where a dispute or difference arises between the parties to a collective agreement to which this section applies, during the period from the date of its termination to the date the requirements of section 116 have been met, this section applies to the settlement of the dispute or difference.

Where a dispute or difference arises that the parties are unable to resolve on the day on which the dispute or difference arises, the parties to the dispute or difference shall agree by midnight of that day upon the appointment of a single arbitrator to arbitrate the dispute or difference.

Where 1 of the parties advises the minister that a dispute or difference has arisen and that the parties to the dispute or difference have failed to comply with subsection (4) or (12), the minister shall, as soon as possible, appoint an arbitrator.

The minister may, with the written consent of the employer or employers' organization and the bargaining agent representing the employees, appoint a person to be the arbitrator for the purposes of this section for the term of the collective agreement or for a term prescribed in the appointment, and where an appointment is made under this subsection, subsections (4) and (5) do not apply.

The arbitrator appointed under subsection (4), (5) or (6), has the powers conferred on an arbitration board by this Act and, without restricting his or her power and authority, the arbitrator's decision is an order and may require

The decision of the arbitrator shall be made within 48 hours of the time of appointment unless an extension is agreed upon by the parties.

The parties to the dispute or difference are bound by the decision of the arbitrator from the time the decision is made and shall abide by and carry out a requirement contained in the decision.

An arbitrator appointed under this section who makes a decision in respect of a dispute or difference shall make a report on it and transmit it to the minister and to the parties.

The provisions of this Act relating to an arbitration board apply, with the necessary changes, to and in respect of an arbitrator appointed under subsection (4), (5) or (6).

Where the parties to a dispute or difference agree before midnight of the day on which the dispute or difference arises to invoke a grievance procedure contained in the collective agreement instead of proceeding as required by subsection (4), the parties may so settle the dispute or difference and failing settlement by those means the parties may, notwithstanding anything in this section, proceed to settlement by arbitration under section 86.

For the purposes of this section, "construction industry" means the on-site constructing, erecting, altering, decorating, repairing or demolishing of buildings, structures, roads, sewers, water mains, pipe lines, tunnels, shafts, bridges, wharves, piers, canals or other works.