Request for Arbitration
Marginal note:Request for arbitration
50. (1) Where the parties to collective bargaining have bargained collectively in good faith with a view to concluding a collective agreement but have been unable to reach agreement on any term or condition of employment of employees in the relevant bargaining unit that may be embodied in an arbitral award, either party may, by notice in writing to the Secretary of the Board given in accordance with subsection (2), request arbitration in respect of that term or condition of employment.
Marginal note:When notice may be given
(2) The notice referred to in subsection (1) may be given
(a) at any time, where no collective agreement has been entered into by the parties and no request for arbitration has been made by either party since the commencement of the bargaining; or
(b) not later than seven days after any collective agreement is entered into by the parties, in any other case.
Marginal note:Notice to be given
(3) Where arbitration is requested by notice under subsection (1), the party making the request shall
(a) specify in the notice the terms and conditions of employment in respect of which it requests arbitration and its proposals concerning the award to be made by the Board in respect thereof; and
(b) annex to the notice a copy of any collective agreement entered into by the parties.
Marginal note:Request for arbitration by other party
51. (1) Where notice under section 50 is received by the Secretary of the Board from any party requesting arbitration, the Secretary shall forthwith send a copy of the notice to the other party, who shall within seven days after receipt thereof advise the Secretary, by notice in writing, of any matter, additional to the matters specified in the notice under section 50, that was a subject of negotiation between the parties during the period before the arbitration was requested but on which the parties were unable to reach agreement and in respect of which, being a matter that may be embodied in an arbitral award, that other party requests arbitration.
Marginal note:Notice to include proposal concerning award
(2) Where arbitration in respect of any matter is requested by notice under subsection (1), the party making the request shall include in the notice its proposal concerning the award to be made by the Board in respect thereof.
Consideration of Dispute and Award
Marginal note:Matters constituting terms of reference
52. (1) Subject to section 55, the matters in dispute specified in the notice under section 50 and in any notice under section 51 constitute the terms of reference of the Board in relation to the request for arbitration and the Board shall, after considering the matters in dispute together with any other matter that the Board considers necessarily incidental to the resolution of the matters in dispute, render an arbitral award in respect thereof.
Marginal note:Where agreement subsequently reached
(2) Where, at any time before an arbitral award is rendered, the parties reach agreement on any matter in dispute referred to the Board under subsection (1) and enter into a collective agreement in respect thereof, the matters in dispute so referred to the Board shall be deemed not to include that matter and no arbitral award shall be rendered by the Board in respect thereof.
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