Negotiation & Arbitration

23.01 In the event that notice is given as specified in Article 22.01, and the parties have attempted, but failed, to reach an agreement on terms and conditions of service, the matter may be referred by either party to an Arbitration Board, using the following procedures:

23.01 (a) The party seeking arbitration shall notify the other party, giving the name of its nominee to the Arbitration Board together with a list of those items it wishes to refer to the Board.

23.01 (b) The other party shall respond within ten (10) working days of receipt of this notice and shall advise the name and address of its appointee to the Arbitration Board and shall also indicate any additional issues which it wishes to refer to the Arbitration Board.

23.01 (c) The two (2) appointees so elected shall, within five (5) working days after receipt of notice of appointment of the second of them, appoint a third person who shall be Chair of the Arbitration Board.

23.01 (d) If the recipient of the notice fails to name an appointee, or if the two (2) appointees fail to agree on a Chair within the time limit, the appointment may be made by the Minister of Labour upon request by the party.

23.02 The Arbitration Board is governed by the following provisions:

23.02 (a) The Arbitration Board shall have jurisdiction to hear and render a decision on any issue which is unresolved between the parties, and which is not specifically excluded from its jurisdiction by the provisions of paragraphs (b) or (c) below.

23.02 (b) The Arbitration Board shall not have jurisdiction to consider any item which constitutes an educational requirement of the prescribed program for any Resident to which the collective agreement applies, including but not limited to, the hours of work as required for educational purposes by the Royal College of Physicians and Surgeons of Canada, the Conjoint Committee of Accreditation of Pre-Registration Physician Training Programs, the College of Family Physicians of Canada and Dalhousie University.

23.02 (c) The Arbitration Board shall not have jurisdiction to consider any matter which pertains to standards of patient care.

23.02 (d) All matters concerning teaching hospital facilities including but not limited to those outlined in Article 20 shall first be processed through the Joint Consultation Committee, where every reasonable effort will be made to resolve those issues. If every reasonable effort has not been made by the Joint Consultation Committee, and the teaching hospital concerned, to resolve the matter to the satisfaction of the parties, then the Arbitration Board shall have jurisdiction over the matter and will render a decision which is binding on both parties and the teaching hospital(s) concerned. If, however, the Arbitration Board finds that every reasonable effort has been made by the Joint Consultation Committee and the hospital(s) concerned to resolve the issue, it shall have no jurisdiction to hear the issue.

23.02 (e) The Arbitration Board shall hear and determine the matters in the submission to arbitration that are within its jurisdiction. The Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to make representation.

23.02 (f) Each party shall be responsible for the expenses and remuneration of its nominee to the Arbitration Board and shall share equally in the expenses and remuneration of the Chair.

23.02 (g) The decision of the majority of the Arbitration Board shall be the decision of the Arbitration Board and shall be final and binding on the parties.