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

Section 130.2 Disposition versions

2012-09-01

130.2. The request for arbitration must contain full information about the officer’s position, the name of his representative, unless he has elected to represent himself, the nature of the disagreement and all related documentation. A copy of the request for arbitration shall be sent to the Minister.

The employer shall provide the officer with copies of the documents required to present the request for arbitration and to ensure his defence, subject to the obligations and powers conferred on public bodies by the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). A request for arbitration shall not be invalid for the sole reason that it does not contain all the necessary information.

Within 10 days following receipt of the request for arbitration, the employer shall provide the officer’s representative with the name of its own representative, in writing. The name shall be given to the officer if he has no representative.

At the end of this period, the parties have 15 days to agree upon the choice of an arbitrator from the list drawn up in accordance with section 130.22.

If the parties are unable to agree on the choice of an arbitrator, or if the arbitrators whose names appear on the list are not available, one of the parties shall ask the Minister, in writing, to appoint an arbitrator. The request shall contain a copy of the request for arbitration originally made by the officer, together with the name of the officer’s representative and the name of the employer’s representative.

Within 30 days following receipt of the request, the Minister shall appoint an arbitrator from the list prepared in accordance with section 130.22 to hear the disagreement, and shall inform the parties in writing.

T.B. 196312, s. 75.