collective agreement

3.25 Reviews and Interest Arbitration

3.25.1 This Part and Appendix 3 will be subject to review by the Parties commencing 90 days prior to May 1, 2010 and May 1, 2012, or at a mutually agreed upon time. Failure by the Parties to reach agreement 60 days prior to these dates will entitle either Party to notify the other of its intention to proceed to interest arbitration where all outstanding issues will be decided. 


3.25.2 The Party initiating the interest arbitration will do so by forwarding a letter to the other specifying the name of its nominee to an interest arbitration board. The Party receiving the notice will within 10 days of receipt of the same, notify the other of the name of its nominee to the interest arbitration board. 


3.25.3 The 2 nominees will attempt to agree upon a third party to be chair of the Interest Arbitration Board. 


3.25.4 Should the Party receiving the notice, refuse or fail to name a nominee within 10 days of receipt of same, or should the 2 nominees fail to select a chair within 20 days of the initial letter referring the matter to arbitration, either Party may apply to the Director pursuant to Section 137 of the Code to appoint the nominee or the chair, as the case may be. 


3.25.5 The interest arbitration board will be encouraged to commence a hearing within 30 days of the appointment of the chair, and to render a decision within 10 days of the conclusion of the hearing. 


3.25.6 The authority of the interest arbitration board will be as set out in Section 143 of the Code. The interest arbitration board will not have authority to change any provisions in this Part that has not been referred as a matter in dispute. 


3.25.7 The decision of a majority of the members of the interest arbitration board will be the decision of the board, and if there is no majority, the decision of the chair will be the decision of the interest arbitration board. 


3.25.8 Should the Parties disagree as to the meaning of the interest arbitration board’s decision, either Party may apply to the interest arbitration board for clarification of the decision and the interest arbitration board will make every effort to respond within 5 days. 


3.25.9 Each Party will be responsible for the fees and expenses of its nominee and its witnesses and the Parties will share equally the fees and expenses of the chair of the interest arbitration board.
 
  

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