Process & Cost
A matter referred to an arbitrator will be scheduled and heard within sixty (60) calendar days of referral unless otherwise mutually agreed by the local parties. Decisions will be final and binding except as provided by Section 99 of the Labour Relations Code. Arbitral decisions shall be rendered within fifteen (15) calendar days of the conclusion of the hearing. Time limits may be altered by mutual agreement between the parties. An arbitrator has the authority to order pre-hearing disclosure and to act as a mediator provided such action does not unduly delay a decision. Each local party will be responsible for its own costs. The costs of the arbitrator will be shared by the local parties.
Operation
Meetings of JADRC shall be held as needed. A meeting shall be called within twenty (20) days of the written request of either party unless mutually agreed otherwise. A minimum of 6 representatives with equal representation from the Common Parties will constitute a quorum. JADRC will set its own procedures and protocols. All decisions of JADRC will be mutual decisions between the Parties and will be recorded or confirmed in writing.
Purpose
This committee exists pursuant to the collective agreements between member employers and their respective faculty unions. The purpose of the committee is to facilitate dispute resolution, including arbitration, on common agreement provisions and to enable discussion between the unions and the employers on other matters pertaining to the common agreement. More specifically, JADRC is to: - Assist in the administration of collective agreements
- Provide a forum for dialogue between the Parties respecting issues impacting labour relations
- Provide a means for resolving issues pertaining to the implementation, interpretation and resolution of matters arising from the Common Agreement
- Appoint an umpire(s) or arbitrator(s) as applicable for:
- Jurisdictional disputes resolving process
- Suspension and discharge grievance resolution
- Common Agreement dispute resolution
- Develop strategies to reduce arbitration and related costs
Membership
The employers members of the committee shall be the PSEA Director of Labour Relations and three other members appointed by the LRAC on an as and when required basis. Two alternate members will also be appointed by the LRAC.
Chair
The Chair will be shared by the union and employer spokespersons
Quorum
A minimum of six (6) representatives with equal representation from the Common Parties will constitute a quorum.
Minutes
Minutes will be held by both the unions and the employers and will be published on the PSEA web site once they have been formally approved by the joint committee.
Cmn. Agr. Dispute Resolution
Where a dispute arises concerning the interpretation, application, operation or alleged violation of this Agreement, the local parties will refer the dispute to JADRC using the Dispute Referral Form at Appendix C to this Agreement. Such referral would occur after the local grievance procedure is exhausted or deemed completed by agreement of the local parties. JADRC will act as the registrar for referred disputes and will forward the matter to an arbitrator, within thirty (30) calendar days of the receipt of the dispute by JADRC's designated registrar. (See Appendix D for the list of arbitrators.) Notwithstanding the referral of a dispute to an arbitrator, the local parties may mutually agree to request that JADRC attempt to resolve the matter through a pre-hearing discussion at the JADRC level. Where JADRC reaches a mutual decision on a matter referred, the decision will be final and binding upon the local parties. Prior to an arbitral hearing, and in the absence of any JADRC decision, the local parties may resolve a dispute which relates to the interpretation, application, operation or allege violation of this Agreement. The resolution is without prejudice or precedent.
Grievance Resolution
Where a grievance is filed concerning the suspension or discharge of an employee, and after the local grievance procedure has been exhausted or deemed completed by agreement of the local parties, either party may refer the grievance to JADRC. JADRC's designated registrar will refer the grievance to an arbitrator within thirty (30) calendar days of the registrar's receipt of the grievance. (See Appendix D of the Faculty Common Agreement for the list of arbitrators) It is understood that the actual number of hearing days will not exceed three (3) days unless otherwise agreed by the local parties or as directed by the arbitrator. Process, timelines and costs will be in accordance with "process & costs" above - Article 3.2.5 of the Faculty Common Agreement.
Process & Costs
A matter referred to an arbitrator will be scheduled and heard within sixty (60) calendar days of referral unless otherwise mutually agreed by the local parties. Decisions will be final and binding except as provided by Section 99 of the Labour Relations Code. Arbitral decisions shall be rendered within fifteen (15) calendar days of the conclusion of the hearing. Time limits may be altered by mutual agreement between the parties. An arbitrator has the authority to order pre-hearing disclosure and to act as a mediator provided such action does not unduly delay a decision. Each local party will be responsible for its own costs. The costs of the arbitrator will be shared by the local parties.
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