14 (1) Every collective agreement shall provide for the final and binding settlement by arbitration of all differences between an employer and the employee organization arising from the interpretation, application, administration or alleged contravention of the agreement, including any question as to whether a matter is arbitrable.  2008, c. 15, s. 14 (1). Same (2) If a collective agreement does not contain a provision that is mentioned in subsection (1), it shall be deemed to contain a provision to the following effect: Where a difference arises between an employer and the employee organization relating to the interpretation, application or administration of this agreement, or where an allegation is made that this agreement has been contravened, including any question as to whether the matter is arbitrable, either the employer or the employee organization may, after exhausting any grievance procedure established by this agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of its appointee to an arbitration board. The recipient of the notice shall within five days inform the other either that it accepts the other’s appointee as a single arbitrator or inform the other of the name of its appointee to the arbitration board. Where two appointees are so selected, they shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair. If the recipient of the notice fails to appoint an arbitrator or if the two appointees fail to agree on a chair within the time limited, the appointment shall be made by the Minister of Labour on the request of either the employer or the employee organization. The single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding on the employer and the employee organization and on any employee affected by it. The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chair governs. The arbitrator or arbitration board, as the case may be, shall not by his, her or its decision add to, delete from, modify or otherwise amend the provisions of this agreement. 2008, c. 15, s. 14 (2). Where arbitration provision inadequate (3) If, in the opinion of the Ontario Labour Relations Board, any part of the arbitration provision, including the method of appointment of the arbitrator or arbitration board, is inadequate, or if the provision set out in subsection (2) is alleged by the Council, the employer or the employee organization to be unsuitable, the Board may, on the request of the Council, the employer or the employee organization, modify the provision so long as it conforms with subsection (1), but, until so modified, the arbitration provision in the collective agreement or in subsection (2), as the case may be, applies.  2008, c. 15, ss. 14 (3), 83 (2). Appointment of arbitrator (4) Despite subsection (3), if there is failure to appoint an arbitrator or to constitute a board of arbitration under a collective agreement, the Minister of Labour, on the request of any party, may appoint the arbitrator or make the appointments that are necessary to constitute the board of arbitration, as the case may be, and any person so appointed by the Minister shall be deemed to have been appointed in accordance with the collective agreement.  2008, c. 15, s. 14 (4). Appointment of settlement officer (5) On the request of any party, the Minister of Labour may appoint a settlement officer to endeavour to effect a settlement before the arbitrator or arbitration board appointed under subsection (4) begins to hear the arbitration. However, no appointment shall be made if either the employer or the employee organization objects.  2008, c. 15, s. 14 (5). Remuneration and expenses (6) The employer and employee organization shall each pay one-half the remuneration and expenses of the arbitrator or chair of the arbitration board referred to in this section and shall pay the remuneration and expenses of the person it appoints to an arbitration board.  2008, c. 15, s. 14 (6). Time for decision (7) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded.  2008, c. 15, s. 14 (7). Same (8) An arbitration board shall give a decision within 60 days after hearings on the matter submitted to arbitration are concluded.  2008, c. 15, s. 14 (8). Same (9) The time described in subsection (7) or (8) for giving a decision may be extended, (a) with the consent of the parties to the arbitration; or (b) in the discretion of the arbitrator or arbitration board so long as he, she or it states in the decision the reasons for extending the time.  2008, c. 15, s. 14 (9). Oral decision (10) An arbitrator or arbitration board may give an oral decision and in that case subsection (7) or (8) does not apply and the arbitrator or arbitration board shall, (a) give the decision promptly after hearings on the matter are concluded; (b) give a written decision, without reasons, promptly on the request of any party; and (c) give written reasons for the decision within a reasonable period of time on the request of any party.  2008, c. 15, s. 14 (10). Orders re decisions (11) If the arbitrator or arbitration board does not give a decision within the time described in subsection (7) or (8) or does not give a decision or reasons within the times provided in subsection (10), the Minister of Labour may, (a) make such orders as he or she considers necessary to ensure that the decision or reasons will be given without undue delay; and (b) make such orders as he or she considers appropriate respecting the remuneration and expenses of the arbitrator or arbitration board.  2008, c. 15, s. 14 (11). Powers of arbitrator or arbitration board (12) An arbitrator or the chair of an arbitration board, as the case may be, has power, (a) to require any party to furnish particulars before or during a hearing; (b) to require any party to produce documents or things that may be relevant to the matter and to do so before or during a hearing; (c) to fix dates for the commencement and continuation of a hearing; (d) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases; (e) to administer oaths and affirmations; (f) to accept the oral or written evidence as the arbitrator or the arbitration board, as the case may be, in its discretion considers proper, whether admissible in a court of law or not; (g) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator or the arbitration board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such differences; (h) to authorize any person to do anything that the arbitrator or arbitration board may do under clause (g) and to report to the arbitrator or the arbitration board thereon; (i) to make interim orders concerning procedural matters; (j) to interpret and apply human rights and other employment related statutes, despite any conflict between those statutes and the terms of the collective agreement.  2008, c. 15, s. 14 (12). Restriction re interim orders (13) An arbitrator or the chair of an arbitration board shall not make an interim order under clause (12) (i) requiring an employer to reinstate an employee in employment.  2008, c. 15, s. 14 (13). Power re mediation, arbitration (14) An arbitrator or the chair of an arbitration board, as the case may be, may mediate the differences between the parties at any stage in the proceedings with the consent of the parties. If mediation is not successful, the arbitrator or arbitration board retains the power to determine the difference by arbitration.  2008, c. 15, s. 14 (14). Enforcement power (15) An arbitrator or the chair of an arbitration board, as the case may be, may enforce the written settlement of a grievance.  2008, c. 15, s. 14 (15). Extension of time (16) Except where a collective agreement states that this subsection does not apply, an arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that no party will be substantially prejudiced by the extension.  2008, c. 15, s. 14 (16). Penalty where employee disciplined, etc. (17) Where an arbitrator or arbitration board referred to in this section determines that a disciplinary penalty or dismissal of an employee is excessive, the arbitrator or arbitration board, as the case may be, may substitute such other penalty for the discipline or dismissal as the arbitrator or arbitration board considers just and reasonable in all the circumstances.  2008, c. 15, s. 14 (17). Decision (18) The decision of an arbitrator or of an arbitration board is final and binding on the employer, employee organization and on the employees covered by the collective agreement who are affected by the decision, and such employer, employee organization and employees shall do or refrain from doing anything required of them by the decision.  2008, c. 15, s. 14 (18). Enforcement (19) Where an employer, employee organization or an employee has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any employer, employee organization or employee affected by the decision may file a copy of the decision in the prescribed form, excluding the reasons, in the Superior Court of Justice and the decision shall be entered in the same way as an order of that court and is enforceable as such.  2008, c. 15, s. 14 (19). Procedure (20) The Arbitration Act, 1991 does not apply to arbitration proceedings under this section.  2008, c. 15, s. 14 (20). Section Amendments with date in force (d/m/y) 2008, c. 15, s. 83 (2)
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