Duration and Operation of Arbitral Awards
Marginal note:Binding effect of arbitral award
57. (1) An arbitral award is, subject to and for the purposes of this Part, binding on the employer affected and the bargaining agent that is a party thereto 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 which the award is rendered or such later day as the Board may determine.
Marginal note:Retroactive application
(2) A provision of an arbitral award made in respect of a term or condition of employment may be retroactive to the extent that it is capable of being retroactively applied, in whole or in part, to a day prior to the day on and after which the arbitral award becomes binding on the parties but not before the day on which notice to bargain collectively was given by either party.
Marginal note:Effect on previous collective agreement or award
(3) Where, in relation to any or all of the provisions of an arbitral award made in respect of terms and conditions of employment, there was previously in effect a collective agreement or arbitral award, the previous collective agreement or the previous arbitral award is displaced, to the extent of any conflict, for the term, determined in accordance with section 58, for which the subsequent award is operative.
Marginal note:Term of arbitral award
58. (1) The Board shall, in respect of every arbitral award, determine and specify therein the term for which the arbitral award is to be operative and, in making its determination, it shall take into account
(a) where a collective agreement applicable to the bargaining unit is in effect or has been entered into but is not yet in effect, the term of that collective agreement; and
(b) where no collective agreement applying to the bargaining unit has been entered into,
(i) the term of any previous collective agreement that applied to the bargaining unit, or
(ii) the term of any other collective agreement that to the Board appears relevant.
Marginal note:Limitation on term of award
(2) No arbitral award, in the absence of the application thereto of any criterion referred to in paragraph (1)(a) or (b), shall be for a term of less than one year or more than two years from the day on and after which it becomes binding on the parties.
Implementation of Arbitral Awards
Marginal note:Implementation of awards
59. The terms and conditions of employment that are the subject of an arbitral award shall, subject to the appropriation by or under the authority of Parliament of any moneys that may be required therefor, be implemented by the parties within a period of ninety days from the date on and after which it becomes binding on the parties or within such longer period as, on application to the Board by either party, appears reasonable to the Board.
Completion and Variation of Arbitral Awards
Marginal note:Reference back to Board
60. Where in respect of an arbitral award it appears to either of the parties that the Board has failed to deal with any matter in dispute referred to it, that party may, within seven days from the day the award is rendered, refer the matter back to the Board, and the Board shall thereupon deal with the matter.
- Date modified: