Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2)

Act current to 2014-12-08 and last amended on 2014-11-01. Previous Versions

 [Repealed, 2013, c. 40, s. 305]

 [Repealed, 2013, c. 40, s. 305]

 [Repealed, 2013, c. 40, s. 305]

 [Repealed, 2013, c. 40, s. 305]

 [Repealed, 2013, c. 40, s. 305]

Division 9Arbitration

Application of Division

Marginal note:Application

 This Division applies to the employer and the bargaining agent for a bargaining unit whenever

  • (a) the process for the resolution of a dispute applicable to the bargaining unit is arbitration; and

  • (b) the parties have bargained in good faith with a view to entering into a collective agreement but are unable to reach agreement on a term or condition of employment that may be included in an arbitral award.

  • 2003, c. 22, s. 2 “135”;
  • 2013, c. 40, s. 306(F).

Request for Arbitration

Marginal note:Request for arbitration
  •  (1) Either party may, by notice in writing to the Chairperson, request arbitration in respect of any term or condition of employment that may be included in an arbitral award.

  • Marginal note:When request may be made

    (2) The request may be made

    • (a) at any time, if the parties have not entered into a collective agreement 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 a collective agreement is entered into by the parties, in any other case.

  • Marginal note:Contents of notice

    (3) The party requesting arbitration must

    • (a) specify in the notice every term or condition of employment in respect of which it requests arbitration and its proposals concerning the award to be made in respect of that term or condition; and

    • (b) annex to the notice a copy of the most recent collective agreement entered into by the parties.

  • Marginal note:Notice to other party

    (4) On receiving the notice, the Chairperson must send a copy to the other party.

  • Marginal note:Request for arbitration of additional matters

    (5) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request arbitration in respect of any other term or condition of employment that may be included in an arbitral award and that remained in dispute when the first request for arbitration was made.

  • Marginal note:Notice to include proposal

    (6) The party making the request under subsection (5) must specify in the notice its proposal concerning the award to be made in respect of every term or condition of employment in respect of which it requests arbitration.