BILL NO. 108

36A (1) Where a trade union has been certified and has attempted to bargain a collective agreement with an employer and has failed to conclude a collective agreement, either the trade union or the employer may request the Board to appoint an arbitrator to conduct binding arbitration of a first collective agreement between the trade union and the employer.

(2) The Board shall appoint the arbitrator mutually agreed upon by the trade union and the employer or, where no agreement can be reached between the trade union and the employer, the Board shall select and appoint the arbitrator.

(3) Notwithstanding subsection (2), where both the trade union and the employer agree on the appointment of an arbitration board rather than a single arbitrator, each party shall nominate a representative to the arbitration board and the Board shall select the chair of the arbitration board.

(4) After receiving a request from either the trade union or the employer, the Board shall appoint an arbitrator or an arbitration board, as the case may be, and the arbitrator or the arbitration board has the right to impose on the trade union and the employer the terms of a binding collective agreement.

(5) The cost of a single arbitrator appointed by the Board pursuant to this Section shall be paid by the Department of Environment and Labour or, where an arbitration board is appointed pursuant to this Section, each of the parties shall pay the cost of their nominee to the arbitration board and the costs of the chair of the arbitration board shall be paid by the Department of Environment and Labour.

(6) Where either the trade union or the employer has made an application pursuant to this Section for the appointment of an arbitrator or an arbitration board, neither the trade union nor the employer has the right to strike or lockout or to continue an existing strike or lockout.

(7) The term of the first collective agreement imposed pursuant to this Section shall be no less than one year and no more than two years, but terms and conditions may be imposed by the arbitrator or the arbitration board, as the case may be, back to the date of certification of the trade union.

(8) When imposing a first collective agreement pursuant to this Section, the arbitrator or arbitration board, as the case may be, shall determine the terms and conditions of employment based on the terms and conditions already agreed to by the trade union and the employer, minimum terms and conditions of employment contained in labour standards legislation and comparable terms and conditions of employment in collective agreements freely arrived at by collective bargaining in the same industry.