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 146 Disposition versions

2012-09-01

146. The arbitrator shall analyze the misunderstanding, verify the validity of the employer’s decision, and assess its consistency with the Act and this Regulation.

The arbitrator shall deliver a decision which is substantiated, written and signed within 30 days following the end of the hearings. This period may be extended upon agreement between the parties. The decision shall not be invalidated solely because it is delivered after that period.

The arbitrator shall end a copy of his decision to the parties and to the Minister.

Where the senior administrator ceases to claim that there is a misunderstanding, in particular when an agreement occurs prior to the arbitrator’s decision, the senior administrator shall so notify the employer and the arbitrator in writing.

Where the arbitrator finds the employer’s decision to be in compliance with the Act and this Regulation, he shall maintain that decision.

Where the arbitrator finds the employer’s decision to contravene the Act and this Regulation, he shall deliver his decision by exercising to do so the powers prescribed in the first paragraph of section 145.

The arbitrator’s decision shall in no case have the effect of changing, adding to or subtracting from the provisions of the Act and this Regulation.

O.C. 1217-96, s. 146; T.B. 196313, s. 78.