ARBITRATION

When the Grievance Procedure has been exhausted without settlement, the parties hereto shall agree by midnight of the last day of the Grievance Procedure upon the appointment of a single Arbitrator to arbitrate the Grievance.

If the parties fail to appoint an Arbitrator within the time limit, either party may inform the Minister of Environment and Labour who may appoint an Arbitrator.

The Arbitrator appointed under this Article shall have all the power conferred upon an Arbitrator under the Labour Relations Act and without restricting their power and authority, their decision shall be an order and may require: (a) | Compliance with the Agreement in a stipulated manner and/or; (b) | Re-instatement of an employee in the case of dismissal or suspension in lieu of dismissal with or without compensation.

The decision of the Arbitrator shall be rendered within forty-eight (48) hours of their appointment unless a time extension is otherwise mutually agreed by the parties hereto.

One-half of the expense and remuneration incurred by the Arbitrator shall be paid by the employer or Employer’s Representative and one-half shall be paid by the Union.

Either party has the right to use the above procedure or refer the matter to a three (3) person Arbitration Board (Article 20:08).

Arbitration: Any dispute or grievance remaining unsettled after passing through the procedure for the settlement of grievance outlined in Article 18 of this Agreement may be referred by either party to a Board of Arbitration composed and appointed as follows: 1. Either party may notify the other of its desire to submit difference to Arbitration and notice shall contain the name of the first appointee to the Arbitration Board. The recipient of the notice shall within five (5) days of notification, inform the other party of the name of its appointee to the Board. The two (2) appointees so selected shall within five (5) days of the appointment of the second of them, appoint a third person who shall be chairman of the Board. If the recipient of the notice fails to name a chairman within the period specified, the appointment of one or both shall be made by the Minister of Environment and Labour for Newfoundland and Labrador at the request of either party. 2. The Arbitration Board shall hear and determine the difference and shall issue a written decision within thirty (30) days which shall be final and binding on both parties and upon any employees or employers affected by it. The decision of the majority or the decision of the Chairman shall govern. 3. The Arbitration Board shall not have the power to alter or change any of the provisions or terms of this Agreement nor to give any decision inconsistent with the terms and provisions of this Agreement. 4. In Arbitration proceedings, each of the parties shall bear expenses of their appointees and the expenses of the Chairman shall be shared equally by both parties; whether appointed in the regular manner or by the Minister of Environment and Labour.