Marginal note:Binding effect of agreement
45. A collective agreement is, subject to and for the purposes of this Part, binding on the employer affected, on the bargaining agent that is a party thereto and its constituent elements, and on the employees in the bargaining unit in respect of which the bargaining agent has been certified, effective on and after the day on and after which it has effect pursuant to subsection 44(1).
Division IIIProvisions Applicable to Resolution of Disputes
Marginal note:Provisions applicable to resolution of dispute
46. Where an employer and the bargaining agent for a bargaining unit have bargained collectively in good faith with a view to concluding a collective agreement but have failed to reach agreement, sections 50 to 61 apply to the resolution of the dispute.
Marginal note:Board to appoint panels
47. (1) The Board shall appoint two panels, one panel to consist of at least three persons representative of the interests of the employers and the other to consist of at least three persons representative of the interests of employees.
Marginal note:Tenure of members of panels
(2) A member of a panel appointed by the Board under subsection (1) shall be appointed to hold office for such term as the Board considers appropriate.
(3) A person is not eligible to hold office as a member of a panel if the person is not eligible to be a member of the Board or, if the person is a member of the Board, unless the person is a member of the Board pursuant to a selection under section 48.
Marginal note:Board for arbitration
48. (1) In respect of each dispute referred to arbitration, the Board shall be deemed to consist, for the period of the arbitration proceedings and for the purposes of the arbitration only, of a member of the Board and two other persons, one each selected by the Board from each panel appointed under subsection 47(1).
Marginal note:Deemed membership on Board during arbitration proceedings
(2) A person selected by the Board from a panel under subsection (1) shall be deemed to be a member of the Board for the period of the arbitration proceedings in respect of which the person is selected.
Marginal note:Qualifications to serve on Board for arbitration
(3) No person shall act as a member of the Board in respect of a matter referred to arbitration if the person has at any time during the six months immediately preceding the day of the selection of that person under subsection (1) acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer affected or of any employee organization that has an interest in the matter referred to arbitration.
Marginal note:Chairperson may appoint outside arbitrator
49. (1) Notwithstanding anything in this Part, if the Chairperson considers it advisable to do so, the Chairperson may appoint an arbitrator in place of the Board in respect of any matters in dispute referred to arbitration under this Part.
(2) A person is not eligible to be appointed as an arbitrator under subsection (1) if the person
(a) is not eligible to be a member of the Board;
(b) is a member of the Board or member of a panel appointed by the Board under subsection 47(1); or
(c) is not eligible under subsection 48(3) to act as a member of the Board in respect of a matter referred to arbitration.
Marginal note:Powers of arbitrator
(3) An arbitrator appointed under this section has all the powers of the Board set out in paragraph 15(d) of this Act and paragraphs 20(d) and (e) of the Public Service Labour Relations and Employment Board Act.
Marginal note:Sections 52 to 61 apply
(4) Sections 52 to 61 apply, with such modifications as the circumstances require, in respect of matters in dispute referred to an arbitrator appointed under subsection (1).
- R.S., 1985, c. 33 (2nd Supp.), s. 49;
- 2003, c. 22, s. 187(E);
- 2013, c. 40, s. 429.
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