Board of arbitration
6. (1) Where, after bargaining under section 5, the council of the municipality or the bargaining committee is satisfied that an agreement cannot be reached, it may by notice in writing to the bargaining committee or the council, as the case may be, require all matters in dispute to be referred to a board of arbitration of three members, in which case the council and the bargaining committee shall each appoint a member and the third member, who shall be the chair, shall be appointed by the two members so appointed. Failure to appoint member (2) Where either party fails to appoint a member of the board of arbitration within thirty days, or having appointed a person who is unable or unwilling to act, fails to appoint another member within thirty days, the Solicitor General may, upon the written request of the other party, appoint a member in lieu thereof. Failure to appoint chair (3) Where the two members of the board of arbitration appointed by the parties fail, within five days of the appointment of the one last appointed, to agree upon a third member, the Solicitor General may, upon notice in writing of such failure given to him or her by either of them or by either of the parties, appoint the third member. Commencement and termination of arbitration proceedings (4) The board of arbitration shall commence the arbitration proceedings within thirty days after it is constituted and shall deliver the decision or award within sixty days after the commencement of the arbitration proceedings. Extension of periods (5) Any of the periods mentioned in this section may be extended at any time by agreement of the parties. R.S.O. 1990, c. F.15, s. 6 (1-5). Criteria (5.1) In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria: 1. The employer’s ability to pay in light of its fiscal situation. 2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased. 3. The economic situation in Ontario and in the municipality. 4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed. 5. The employer’s ability to attract and retain qualified employees. Transition (5.2) Subsection (5.1) does not apply if, on or before the day the Savings and Restructuring Act, 1996 receives Royal Assent, (a) an oral or electronic hearing has begun; or (b) the board of arbitration has received all the submissions, if no oral or electronic hearing is held. Restriction (5.3) Nothing in subsection (5.1) affects the powers of the board of arbitration. 1996, c. 1, Sched. Q, s. 1. Decision (6) Where upon an arbitration a majority of the members of the board of arbitration fail to agree upon any matter, the decision of the chair upon such matter shall be deemed to be the decision of the board of arbitration. Costs (7) Each party shall assume its own costs of the arbitration proceedings and shall share the cost of the third arbitrator equally. R.S.O. 1990, c. F.15, s. 6 (6, 7).