S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Section 144 Disposition versions

2012-09-01

144. Such arbitration request shall include the full particulars respecting the senior administrator’s position, the name of his representative, unless he elects to represent himself, the nature of the misunderstanding and supporting documents. A copy of the arbitration request must be forwarded to the Minister.

The employer shall provide the senior administrator with copies of the documents required by the senior administrator to submit his arbitration request and to ensure his defence, subject to the obligations and powers of public bodies set out in the Act respecting access to public documents and the protection of personal information (chapter A-2.1). An arbitration request shall not be invalidated solely because it fails to include all of the particulars requested.

Within 10 days of receiving the arbitration request, the employer shall provide the name of the employer’s representative in writing to the representative of the senior administrator.

After this deadline, the parties have 15 days in which to agree on the choice of an arbitrator from the list established under section 154.

Where the parties fail to agree on the choice of an arbitrator, either party shall apply in writing for the Minister to designate an arbitrator. This application shall include a copy of the senior administrator’s initial arbitration request, the name of his representative and the name of the employer’s representative.

Within 30 days of receiving the application, the Minister shall designate the arbitrator who shall hear the misunderstanding and so shall notify the parties in writing.

O.C. 1217-96, s. 144; T.B. 196313, s. 76.