Arbitration
26.2 (1) If the Solicitor General has informed the Negotiating Committee that the conciliation officer was not able to effect an agreement, the chair shall, at the request of a member, refer the matter to arbitration. 1997, c. 21, Sched. A, s. 6 (5). Composition of arbitration board (2) The following rules apply to the composition of the arbitration board: 1. The parties shall determine whether it shall consist of one person or of three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person. 2. If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the chair of the Ontario Police Arbitration Commission. 3. If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the chair of the Ontario Police Arbitration Commission. 4. If the arbitration board consists of one person who was appointed by the chair of the Ontario Police Arbitration Commission or if the arbitration board consists of three persons and the chair was appointed by the chair of the Ontario Police Arbitration Commission, the chair of the Ontario Police Arbitration Commission shall select the method of arbitration and shall advise the arbitration board of the selection. The method selected shall be mediation-arbitration unless the chair of the Ontario Police Arbitration Commission is of the view that another method is more appropriate. The method selected shall not be final offer selection without mediation and it shall not be mediation-final offer selection unless the chair of the Ontario Police Arbitration Commission in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. If the method selected is mediation-final offer selection, the chair of the arbitration board shall be the mediator or, if the arbitration board consists of one person, that person shall be the mediator. 1997, c. 21, Sched. A, s. 6 (5). When hearings commence (3) The arbitration board shall hold the first hearing within 30 days after the chair is appointed or, if the arbitration board consists of one person, within 30 days after that person is appointed. 1997, c. 21, Sched. A, s. 6 (5). Exception (4) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation. 1997, c. 21, Sched. A, s. 6 (5). Time for submission of information (5) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the chair of the arbitration board or, if the arbitration board consists of one person, that person may, after consulting with the parties, set a date after which a party may not submit information to the board unless, (a) the information was not available prior to the date; (b) the chair or, if the arbitration board consists of one person, that person permits the submission of the information; and (c) the other party is given an opportunity to make submissions concerning the information. 1997, c. 21, Sched. A, s. 6 (5). Hearing (6) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is conventional arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if the arbitration board consists of one person, that person may impose limits on the submissions of the parties and the presentation of their cases. 1997, c. 21, Sched. A, s. 6 (5). Consolidation of disputes (7) Disputes may be arbitrated together only if all the parties to the disputes agree. 1997, c. 21, Sched. A, s. 6 (5). Time for decision (8) The arbitration board shall give a decision within 90 days after the chair is appointed or, if the arbitration board consists of one person, within 90 days after that person is appointed. 1997, c. 21, Sched. A, s. 6 (5). Extension (9) The parties may agree to extend the time described in subsection (8), either before or after the time has passed. 1997, c. 21, Sched. A, s. 6 (5). Factors to consider (10) In making a decision on the matter, the arbitration board 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 board’s decision, if current funding and taxation levels are not increased. 3. The economic situation in Ontario. 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. 1997, c. 21, Sched. A, s. 6 (5). Restriction (11) Nothing in subsection (10) affects the powers of the arbitration board. 1997, c. 21, Sched. A, s. 6 (5). Limitations on powers of the board (12) In making a decision under this section, an arbitration board shall not require the parties to include in a collective agreement a term that, (a) requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them; (b) requires the creation of a new classification of employees, the alteration of an existing classification or a change to be made in the classification of an employee; or (c) would require either directly or indirectly for its implementation the enactment or amendment of legislation, except for the purpose of appropriating money for its implementation. 2001, c. 7, s. 9.