62. Any grievance respecting a matter contemplated in the second paragraph of section 61, or respecting seniority, labour mobility, the movement of the workforce, the notice board or psychological harassment, shall be referred to a single arbitration officer. Such arbitration officer shall be chosen by the parties at the time of negotiation; failing agreement, he shall be appointed by the Commission from among the persons whose names appear on the list drawn up annually under the second paragraph of section 77 of the Labour Code (chapter C-27).
An association listed or described in any of subparagraphs b, c or c.2 of the first paragraph of section 1 may also, with the Commission’s authorization, have recourse to arbitration in the same manner, in order to obtain a determination on a difficulty in interpreting a clause on any other subject listed in section 61.
A recourse under the second paragraph suspends the prescription of any civil action that may be based on the clause under arbitration, until the arbitration award is rendered.
The Commission must take into account any arbitration award rendered under the second paragraph in applying a collective agreement.
1968, c. 45, s. 30; 1975, c. 51, s. 11; 1977, c. 5, s. 14; 1983, c. 22, s. 106; 1986, c. 89, s. 50; 1991, c. 76, s. 5; 1993, c. 61, s. 47; 1995, c. 8, s. 35; 2005, c. 42, s. 7; 2007, c. 3, s. 72; 2011, c. 30, s. 43.