Article 15 : arbitration
15.1 Sole arbitrator
Unless otherwise indicated by either party within thirty (30) days of the notice of intent served by the Institute in accordance with 14.2 d), the grievance is heard by a sole arbitrator.
Within fifteen (15) days following the time limit of thirty (30) days provided in the preceding clause, the parties appoint an arbitrator. Should the parties be unable to agree on an arbitrator within the aforementioned time limits, either or both of the parties apply to the Ontario Minister of Labour to have one appointed pursuant to section 48(4) of the Labour Relations Act, 1995, specifying that the arbitrator so appointed be able to hear the grievance in the language chosen by the employee involved or, in the case of a policy grievance, by the instigator of the grievance, whether the Institute or the University. The request to the Minister also specifies the names of the arbitrators on whom the parties were unable to agree.
15.2 Arbitration board
The party who serves notice of not wishing to be heard by a sole arbitrator identifies at the same time the name of the person who will represent him at the arbitration board. The other party then have thirty (30) days from the notice it receives to identify its representative before the board and to inform the opposing party of this. The Parties' appointed representatives have fifteen (15) days to choose a Chair, failing which an application identical to the application referred to in 15.1 is sent by one or both parties to the Minister of Labour.
15.3 Powers and duties of the arbitrator and the board
The sole arbitrator or the arbitration board, as the case may be, is duty-bound and has the power to render decisions on all aspects of the dispute being grieved, including on the question of whether arbitration is appropriate, and has all the powers of an arbitrator or an arbitration board under the Ontario Labour Relations Act as periodically amended.
Subject to the provisions of the Ontario Labour Relations Act, the jurisdiction of the arbitrator and the board is limited to the application and interpretation of the wording of the Collective Agreement, and excludes adding, deleting, making compensation for or amending it.
15.4 Disciplinary powers
In arbitration matters concerning disciplinary action, the arbitrator or the board may, as the case may be, uphold, change or rescind the penalty and, where applicable, order payment of the wages the employee would have earned were it not for the penalty.
15.5 Burden of proof
In the arbitration of disciplinary matters, the burden of proof lies with the University.
15.6 Arbitration time limits, expenses and fees
Insofar as possible, the arbitrator or the board, as the case may be, holds the first investigative session within thirty (30) days of the appointment of the sole arbitrator or the board chair and issues a reasoned written decision within the same time limit after the hearing's conclusion. This decision is enforceable and binding upon the Parties.
The arbitrator's or the board chair's expenses and fees are paid equally by the parties. Where applicable, each party bears the expenses and fees of its respective representative at the board hearing.
15.7 Wages of witnesses and representatives
Employees required to testify at a grievance arbitration hearing are released from work without loss of wages for the time required to deliver their testimony. The employee concerned by a grievance is released without loss of wages to attend the grievance arbitration hearing. Where a group grievance is involved, only one employee concerned and designated by the Institute is released from work without loss of wages for the duration of the arbitration hearing.
At any time during the grievance procedure provided under Article 14, or at any time in the aforementioned arbitration procedure, the parties may agree in writing to attempt to resolve the grievance by resorting to mediation. In this case, they agree on the choice of mediator and on the time limits they both will have in order to try to resolve their dispute.
The time limits set out in articles 14 and 15 are suspended effective the date on which the parties agree in writing to resort to mediation. Upon written notice from either party that the mediation process has been terminated, the clock starts again from the point at which the time limits in articles 14 and 15 were suspended.
The mediator's expenses and fees are paid equally by the Parties.