133 (1) Despite the grievance and arbitration provisions in a collective agreement or deemed to be included in a collective agreement under section 48, a party to a collective agreement between an employer or employers’ organization and a trade union or council of trade unions may refer a grievance concerning the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable, to the Board for final and binding determination.  1995, c. 1, Sched. A, s. 133 (1). Requirements for referral (2) A referral under subsection (1) shall be in writing in the prescribed form and may be made at any time after the written grievance has been delivered to the other party.  1998, c. 8, s. 18. Copy of referral to other party (3) A party that refers a grievance under subsection (1) shall, at the same time, give a copy of the referral to the other party.  1998, c. 8, s. 18. Board may refuse (4) The Board may refuse to accept a referral.  1998, c. 8, s. 18. Decision to accept or not (5) In deciding whether or not to accept a referral, the Board is not required to hold a hearing and may appoint a labour relations officer to inquire into the referral and report to the Board.  1998, c. 8, s. 18. Hearing, etc. (6) If the Board accepts the referral, the Board shall appoint a date for and hold a hearing within 14 days after receipt of the referral and may appoint a labour relations officer to confer with the parties and endeavour to effect a settlement before the hearing.  1998, c. 8, s. 18. When hearing not required (7) The Board is not required to hold a hearing if the responding party does not file any material.  1998, c. 8, s. 18. If no hearing (8) If the Board does not hold a hearing in the circumstances described in subsection (7), the Board may determine the matter with reference only to the material filed by the party referring the grievance.  1998, c. 8, s. 18. Jurisdiction of Board (9) If the Board accepts the referral, the Board has exclusive jurisdiction to hear and determine the difference or allegation raised in the grievance referred to it, including any question as to whether the matter is arbitrable, and subsections 48 (10) and (12) to (20) apply with necessary modifications to the Board and to the enforcement of the decision of the Board.  1998, c. 8, s. 18. Schedule of fees (10) The Lieutenant Governor in Council may establish a schedule of fees to be charged to parties in proceedings under this section and, without limiting the generality of what can be included in the schedule, the schedule may provide for the following: 1. Fees payable for referring grievances or participating in proceedings. 2. Fees payable for each hearing day, including hearing days scheduled by the Board but not used. 3. Different fees for the referring party and for the responding parties. 4. A single fee for all the responding parties with the amount to be paid by each responding party to be determined by the Board.  1998, c. 8, s. 18. Same (11) The schedule of fees may also provide for when the fees are due, to whom the fees shall be paid and what the form of payment must be.  1998, c. 8, s. 18. No participation if fees unpaid (12) A party may participate in a proceeding only if the fees payable by the party are paid in accordance with the schedule of fees.  1998, c. 8, s. 18. Fees ordered, non-participating party (13) If an award is made against a party who was given notice of but did not participate in proceedings under this section, the Board may order the party to pay the party in whose favour the award is made, an amount not exceeding the fees paid by the party in whose favour the order is made.  1998, c. 8, s. 18. Same, party not in a position to participate (14) The Board may order a party who participated in proceedings under this section but who was not in a position to participate on a day on which proceedings were scheduled to pay each of the other parties an amount not exceeding the fees paid by that party.  1998, c. 8, s. 18. Exception, unreasonable refusal of adjournment (15) The Board shall not make an order under subsection (14) ordering a party who was not in a position to participate to pay an amount to another party if the other party refused, unreasonably, to consent to an adjournment requested by the party who was not in a position to participate.  1998, c. 8, s. 18. Fees to Consolidated Revenue Fund (16) Fees payable by a party to the Board shall be paid to the Board for payment into the Consolidated Revenue Fund.  1998, c. 8, s. 18. Schedule not a regulation (17) The schedule of fees is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1998, c. 8, s. 18; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 18 - 29/06/1998 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007