Marginal note:Factors to be taken into account by Board
53. In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider
(a) the needs of the employer affected for qualified employees,
(b) the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations of employees,
(c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and
(d) any other factor that to it appears to be relevant to the matter in dispute,
and, so far as consistent with the requirements of the employer, the Board shall give due regard to maintaining comparability of conditions of employment of employees with those that are applicable to persons in similar employment in the federal public administration.
- R.S., 1985, c. 33 (2nd Supp.), s. 53;
- 2003, c. 22, s. 224(E).
53.1 [Repealed, 2003, c. 22, s. 186]
Marginal note:Parties to be heard
54. Subject to this Part, the Board shall, before rendering an arbitral award in respect of a matter in dispute, give full opportunity to both parties to present evidence and make submissions to it.
Arbitral Award Matters
Marginal note:Award not to require legislative implementation
55. (1) Subsection 43(2) applies, with such modifications as the circumstances require, in relation to an arbitral award.
Marginal note:Matters not to be dealt with by award
(2) No arbitral award shall deal with the standards, procedures or processes governing the appointment, appraisal, promotion, demotion, transfer, lay-off or release of employees, or with any term or condition of employment of employees that was not a subject of negotiation between the parties during the period before arbitration was requested in respect thereof.
Marginal note:Award to be limited
(3) An arbitral award shall deal only with terms and conditions of employment of employees in the bargaining unit in respect of which the request for arbitration was made.
Making of Arbitral Award
Marginal note:Award to be signed
56. (1) An arbitral award shall be signed by the member of the Board who is not a member selected from a panel appointed under section 47 and copies thereof shall be transmitted to the parties to the dispute and no report or observations thereon shall be made or given by either of the members selected from a panel appointed under section 47.
(2) Subject to subsection (3), a decision of the majority of the members of the Board in respect of the matters in dispute shall be the arbitral award in respect of the matters in dispute.
Marginal note:Decision where majority cannot agree
(3) Where the majority of the members of the Board in respect of the matters in dispute cannot agree on the terms of the arbitral award to be rendered in respect thereof, the decision of the member of the Board who is not a member selected from a panel appointed under section 47 shall be the arbitral award in respect of the matters in dispute.
Marginal note:Form of award
(4) An arbitral award shall, wherever possible, be made in such form
(a) as will be susceptible of being read and interpreted with, or annexed to and published with, any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and
(b) as will enable its incorporation into and implementation by regulations, by-laws, directives or other instruments that may be required to be made or issued by the employer or the relevant bargaining agent in respect thereof.
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