Referral of grievances to a single arbitrator
46.  (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 45, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. Request for references (2) Subject to subsection (3), a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after thirty days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. Idem (3) Despite subsection (2), where a difference between the parties to a collective agreement is a difference respecting discharge from or other termination of employment, a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after fourteen days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. Minister to appoint arbitrator (4) Where a request is received under subsection (1), the Minister shall appoint a single arbitrator who shall have exclusive jurisdiction to hear and determine the matter referred to him or her, including any question as to whether a matter is arbitrable and any question as to whether the request was timely. Idem (5) Where a request or more than one request concerns several differences arising under the collective agreement, the Minister may in his or her discretion appoint an arbitrator under subsection (4) to deal with all the differences raised in the request or requests. R.S.O. 1990, c.L.2, s.46(1-5). Appointment of settlement officer (6) 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.24(1). Powers and duties of arbitrator (7) An arbitrator appointed under subsection (4) shall commence to hear the matter referred to him or her within twenty-one days after the receipt of the request by the Minister and the provisions of subsections 45(6) to (12) apply with all necessary modifications to the arbitrator, the parties and the decision of the arbitrator. R.S.O. 1990, c.L.2, s.46(7); 1992, c.21, s.24(2). (8) REPEALED: 1992, c.21, s.24(3). Payment of arbitrator (9) Where the Minister has appointed an arbitrator under subsection (4), each of the parties shall pay one-half of the remuneration and expenses of the person appointed. Approval of arbitrators, etc. (10) The Minister may establish a list of approved arbitrators and, for the purpose of advising him or her with respect to persons qualified to act as arbitrators and matters relating to arbitration, the Minister may constitute a labour-management advisory committee composed of a chair to be designated by the Minister and six members, three of whom shall represent employers and three of whom shall represent trade unions, and their remuneration and expenses shall be as the Lieutenant Governor in Council determines. Application (11) This section does not apply to a collective agreement in operation on the 1st day of September, 1979, but applies to every collective agreement that is renewed or made after that date. R.S.O. 1990, c.L.2, s.46(9-11).