Matters Not Dealt With
Marginal note:Reference of matters not dealt with
158. Any party that considers that the arbitration board has failed to deal with a matter in dispute that was referred to arbitration may, within seven days after the day on which the arbitral award is made, refer the matter back to the arbitration board which must then deal with it.
159. The Board may, on the joint application of both parties to whom an arbitral award applies, amend any provision of the arbitral award if it considers that the amendment is warranted having regard to circumstances that have arisen since the making of the arbitral award, or of which the arbitration board did not have notice when the award was made, or to any other circumstances that the Board considers relevant.
Application of Division
160. 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 conciliation; 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 a collective agreement.
Request for Conciliation
Marginal note:Request for conciliation
161. (1) Either party may, by notice in writing to the Chairperson, request conciliation in respect of any term or condition of employment that may be included in a collective agreement.
Marginal note:Contents of notice
(2) The party requesting conciliation must
(a) specify in the notice the terms or conditions of employment in respect of which it requests conciliation, and its proposals concerning the report 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
(3) On receiving the notice, the Chairperson must send a copy to the other party.
Marginal note:Request for conciliation of additional matters
(4) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request conciliation in respect of any other term or condition of employment that may be included in a collective agreement and that remained in dispute when the first request for conciliation was made.
Marginal note:Notice to include proposal
(5) The party making the request under subsection (4) must specify in the notice its proposal concerning the report to be made in respect of the term or condition of employment in respect of which it requests conciliation.
Establishment of Public Interest Commission
Marginal note:Recommendation to establish
162. (1) Subject to subsection (3), on receiving a request for conciliation, the Chairperson must recommend to the Minister that a public interest commission be established for conciliation of the matters in dispute.
(2) The Chairperson may delay recommending the establishment of a public interest commission until satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute.
(3) If the Chairperson considers, after consultation with each of the parties, that the establishment of a public interest commission is unlikely to assist them in reaching agreement, the Chairperson must, without delay, notify the parties in writing that he or she will not recommend the establishment of such a commission.
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