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HSAS & Canadian Blood Services: March 1, 2017 to March 31, 2022

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ARTICLE 37 – ARBITRATION

37.01     A grievance which has been properly carried through all the steps of the grievance procedure outlined in Article 36 above, and which has not been settled, will be referred to the Arbitration process at the written request of either of the parties hereto. The Arbitration process may involve a single arbitrator or an arbitration panel of three.

37.02     An Arbitration Panel shall be selected as follows:

(a)     Upon referral of a grievance to arbitration, the referring party shall name a nominee to sit on the Arbitration Panel.

(b)     Within ten (10) working days after receiving such notice the other party shall name a nominee to sit on the Arbitration Panel and notify the referring party, in writing, of the name of this person.

(c)     Within fifteen (15) working days, the nominees shall mutually select a third person to act as Chairperson of the Arbitration Panel and shall so notify the Union and the Employer in writing.

(d)     If either party fails to name a nominee, the other party may serve notice in writing that it intends to request the Deputy Minister of Labour to name that party’s nominee and at the same time may make such request to the Deputy Minister.

(e)     If the nominees cannot agree on a person to act as Chairperson of the Arbitration Panel either of them may request the Minister of Labour to appoint a Chairperson.

37.03     Notwithstanding Article 37.02, the parties may agree to the use of a sole arbitrator instead of an Arbitration Panel. If the parties are unable to agree on an arbitrator, either party may request the Deputy Minister of Labour to appoint one and shall advise the other party of such request.
Where the parties are unable to agree on whether to use a single arbitrator or an arbitration panel, an arbitration panel shall be used.

37.04     Any decision of the Arbitration Panel or sole arbitrator shall be final and binding on the parties to this Collective Agreement.

37.05     An Arbitration Panel or sole arbitrator shall not have the power or authority to add to, delete from, amend, modify, render meaningless or render a decision inconsistent with the provisions of this Collective Agreement.

37.06     Each party shall be responsible for the fees and expenses, if any, of its nominee to the Arbitration Panel, but the fees and expenses of the Chairperson or sole arbitrator shall, be shared equally by the parties.

37.07     Any of the time limits herein contained in grievance and Arbitration proceedings may be extended if mutually agreed to in writing by the Parties.

37.08     Arbitrators will have twenty-one (21) days after the hearings conclude to finalize an award and present it to the parties. An additional fourteen (14) days may be granted if required. Additional time may be allotted by mutual consent of the parties.

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