ARTICLE 32: ARBITRATION
32.01 Where a grievance has not been settled under the grievance procedure, or where there is a dispute as to whether the matter is arbitrable:
- the teacher with the written consent of the Association; or
- in the case of a grievance arising in accordance with Clause 31.20, the Association or the Employer, as the case may be, may, within fifteen (15) calendar days after exhausting the grievance procedure, notify the other party in writing of the desire to submit the grievance to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice. For the purpose of a referral to arbitration by either the Association or the Employer, the grievance procedure will be deemed to be exhausted when either party so notifies the other in writing either by personal service or by registered mail.
32.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board.
32.03 The party to whom notice is given under Clause 32.01 shall, within fifteen (15) calendar days after receipt of such notice, appoint an arbitrator and notify the other party of the name of the arbitrator.
32.04 The two (2) arbitrators appointed in accordance with Clauses 32.01 and 32.03 shall, within ten (10) calendar days after the appointment of the second of them, appoint a third arbitrator agreeable to both parties and these three (3) arbitrators shall constitute an Arbitration Board. The arbitrator appointed under this Article shall be the Chairperson of the Arbitration Board.
32.05 If,
- the party to whom notice is given under Clauses 32.01, fails to appoint an arbitrator within the period specified in Clause 32.03, the Minister of Human Resources, Labour and Employment shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or
- the two (2) arbitrators appointed by the parties under Clauses 32.01 and 32.03 fail to appoint a third arbitrator within the period specified in Clause 32.04, the Minister of Human Resources, Labour and Employment shall, on the request of either party, appoint a third arbitrator and these three arbitrators shall constitute an Arbitration Board. The arbitrator appointed under this paragraph (b) shall be Chairperson of the Arbitration Board.
32.06 Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose.
32.07 If a party fails to attend or be represented without good cause at an arbitration hearing, the Arbitration Board may proceed as if the party were present or represented.
32.08 The Arbitration Board shall render its decision on the grievance within fifteen (15) calendar days of the date on which the Board is fully constituted and the decision of the Board shall be committed to writing and submitted to the parties concerned within a further ten (10) calendar days.
32.09 The decision of a majority of the members of a Board of Arbitration shall be the decision of the Board and if there is no majority, the decision of the Chairperson shall govern.
32.10 All parties bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decision of an Arbitration Board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision.
32.11 Each party required by this Agreement to appoint an arbitrator shall pay the renumeration and expenses of that arbitrator or of the arbitrator deemed to have been appointed by that party under Clause 32.05 and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board.
32.12 The time limits set out in this Article may be extended at any time by mutual agreement in writing of both parties to the grievance.
32.13 In any case, including cases arising out of suspension, dismissal, or other discipline, or the loss of any remuneration, benefits or privilege, the Board of Arbitration shall have full power to direct payment of compensation, vary the penalty, or to direct reinstatement of a benefit or privilege, or to affirm the taking away of such benefit or privilege as the Board may determine appropriate to settle the issues between the parties, and may give retroactive effect to its decision.
32.14 A teacher, who is not under suspension and who has not been dismissed, and who is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in arbitration meetings.
