41.4. In addition to the rule established by section 42.1, the representative associations take part in negotiations in the manner set out in a protocol agreed to among the associations.
The representative associations as a whole must notify the Minister that they have agreed on a protocol at least six months before the date set in section 42 for the sending of the notice of negotiation. Failing that, the Minister shall appoint an arbitrator to decide on the applicable protocol.
Sections 75 to 77, 79 to 81, 83, 88 to 91.1 and 139 to 140 of the Labour Code (chapter C-27) apply to the protocol arbitration, with the necessary modifications.
In rendering a decision, the arbitrator draws on protocols previously agreed on or decided, as the case may be. The parties may at any time agree to modify the content of the arbitrator’s decision.