Arbitration provision
45.  (1) Every collective agreement shall provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. R.S.O. 1990, c.L.2, s.45(1). Idem (2) A collective agreement that does not contain an arbitration provision described in subsection (1) is deemed to contain the following: This provision applies if a difference arises between the parties relating to the interpretation, application or administration of this agreement, including a question as to whether a matter is arbitrable. This provision also applies in case of an allegation that this agreement has been violated. After exhausting any grievance procedure established by this agreement, either party may give written notice to the other that it wishes to submit the difference or allegation to arbitration. The parties shall then appoint a person to act as arbitrator. If they are unable to agree upon the appointment of an arbitrator within ten days after the notice is given, the arbitrator shall be appointed by the Minister of Labour for Ontario at the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision. The arbitrator’s decision is final and binding upon the parties and upon any employee or employer affected by it. 1992, c.21, s.23(1). Where arbitration provision inadequate (3) If, in the opinion of the 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 either party to be unsuitable, the Board may, on the request of either party, 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. Appointment of arbitrator by Minister (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, upon the request of either 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. R.S.O. 1990, c.L.2, s.45(3,4). Appointment of settlement officer (4.1) On the request of either party, the Minister shall 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 the other party objects. 1992, c.21, s.23(2). Payment of arbitrators (5) Where the Minister has appointed an arbitrator or the chair of a board of arbitration under subsection (4), each of the parties shall pay one-half the remuneration and expenses of the person appointed, and, where the Minister has appointed a member of a board of arbitration under subsection (4) on failure of one of the parties to make the appointment, that party shall pay the remuneration and expenses of the person appointed. R.S.O. 1990, c.L.2, s.45(5). Time for decision (6) An arbitrator shall give a decision within thirty days after hearings on the matter submitted to arbitration are concluded. Idem, arbitration board (6.1) An arbitration board shall give a decision within sixty days after hearings on the matter submitted to arbitration are concluded. Idem (6.2) The time described in subsection (6) or (6.1) 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. Oral decision (6.3) An arbitrator or arbitration board may give an oral decision and, if he, she or it does so, subsection (6) or (6.1) does not apply and the arbitrator or arbitration board, (a) shall give the decision promptly after hearings on the matter are concluded; (b) shall give a written decision, without reasons, promptly upon the request of either party; and (c) shall give written reasons for the decision within a reasonable period of time upon the request of either party. Orders re decisions (7) If the arbitrator or arbitration board does not give a decision within the time described in subsection (6) or (6.1) or does not provide written reasons within the time described in subsection (6.3), the Minister 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. Jurisdiction and powers (8) An arbitrator or arbitration board shall make a final and conclusive settlement of the differences between the parties and, for that purpose, has the following powers: 1. To determine the nature of the differences in order to address their real substance. 2. To determine all questions of fact or law that arise. 3. To interpret and apply the requirements of human rights and other employment-related statutes, despite any conflict between those requirements and the terms of the collective agreement. 4. To grant such interim orders, including interim relief, as the arbitrator or arbitration board considers appropriate. 5. To enforce a written settlement of a grievance. Powers re procedure (8.1) An arbitrator or board of arbitration has the following powers: 1. To require any party to furnish particulars before or during a hearing. 2. To require any party to produce documents or things that may be relevant to the matter and to do so before or during the hearing. 3. 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 arbitration board and inspect or view any work, material, machinery, appliance or article at the premises and interrogate any person about any of the differences or about any work or thing. 4. To authorize any person to do anything that the arbitrator or arbitration board may do under paragraph 3 and to report to him, her or it about it. 5. To make such orders or give such directions in proceedings as he, she or it considers appropriate to expedite the proceedings or to prevent the abuse of the arbitration process. 6. To 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. 7. To fix dates for the commencement and continuation of hearings. 8. 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. 9. To administer oaths and affirmations. 10. To admit and act upon such oral or written evidence as he, she or it considers proper, whether admissible in a court of law or not. 11. To consider such submissions provided in such form or by such method as he, she or it considers appropriate. 1992, c.21, s.23(3), part. Powers of a chair (8.2) The chair of an arbitration board may exercise the powers described in paragraphs 1, 2, 7, 8, 9, 10 and 11 of subsection (8.1). 1992, c.21, s.23(3), part; 1993, c.38, s.67 (4). Extension of time (8.3) An arbitrator or arbitration board may extend the time for any step in the grievance or arbitration procedure under a collective agreement, despite the expiration of the time, if he, she or it is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension. Substitution of penalty (9) If an arbitrator or arbitration board determines that an employer has imposed a penalty on an employee for cause, the arbitrator or arbitration board may substitute such lesser penalty as he, she or it considers just and reasonable in all the circumstances. 1992, c.21, s.23(3), part. Effect of arbitrator’s decision (10) The decision of an arbitrator or of an arbitration board is binding, (a) upon the parties; (b) in the case of a collective agreement between a trade union and an employers’ organization, upon the employers covered by the agreement who are affected by the decision; (c) in the case of a collective agreement between a council of trade unions and an employer or an employers’ organization, upon the members or affiliates of the council and the employer or the employers covered by the agreement, as the case may be, who are affected by the decision; and (d) upon the employees covered by the agreement who are affected by the decision, and the parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision. Enforcement of arbitration decisions (11) Where a party, employer, trade union or employee has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any party, employer, trade union or employee affected by the decision may file in the Ontario Court (General Division) a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such. Procedure (12) The Arbitrations Act does not apply to arbitrations under collective agreements. R.S.O. 1990, c.L.2, s.45(10-12).