S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 130.4 Disposition versions

2012-09-01

130.4. The arbitrator shall analyze the disagreement and decide whether or not the employer’s decision is consistent with the Act and this Regulation.

The arbitrator must render his decision in writing, giving reasons, and sign it, within 30 days following the date of the end of the hearings. This period may be extended with the prior agreement in writing of the parties. The decision shall not be invalid solely by reason of being made after the stipulated period.

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

An officer who withdraws his disagreement, in particular when an agreement is reached before the arbitrator renders a decision, shall inform his employer and the arbitrator in writing.

If the arbitrator considers that the employer’s decision is consistent with the Act and with this Regulation, he shall maintain it.

If the arbitrator considers that the employer’s decision is not consistent with the provisions of the Act and of this Regulation, he shall render his decision by exercising the powers stipulated in the first paragraph of section 130.3.

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

T.B. 196312, s. 75.