Article 27 : Adjudication
27.01 The Notice of Submission to adjudication shall define the nature of the grievance, the Article(s) of this Agreement claimed to be violated, the redress sought and the name of its nominee to the Adjudication Board, or its desire to submit the grievance to a single Adjudicator, suggesting one (1) or more names of persons it is willing to accept as Adjudicator.
27.02 If the parties are unable to agree to the appointment of a single Adjudicator within seven (7) calendar days of the notice defined in Article 27.01, either party may serve the other with a notice indicating that it wishes an Adjudication Board to be established and stating the name of its appointee to the Adjudication Board.
27.03 Within fourteen (14) calendar days after receipt of the notice requesting the establishment of an Adjudication Board, the other party shall name its nominee to the Adjudication Board.
27.04 Within a further seven (7) calendar days, the two (2) nominees shall endeavour to agree upon a mutually acceptable chairperson of the Adjudication Board.
27.05 If the recipient of the initial Notice of Submission to adjudication fails to appoint its nominee within the time specified in Article 27.03 hereof, or if the two (2) nominees fail to agree upon a chairperson within the time specified in Article 27.04 hereof, then in either case, the appointment shall be made by a Justice of the Court of Queen's Bench of Alberta, upon the request of either party with prior written notice to the other party.
27.06 The single Adjudicator or the Adjudication Board shall hear and determine the grievance and shall issue an award, in writing, and the award is final and binding upon the parties and upon any individual affected by it. The decision of a majority is the award of the Adjudication Board, but if there is no majority, the decision of the chairperson governs and shall be deemed to be the award of the Adjudication Board.
27.07 Each party shall bear the expense of its respective nominee to the Adjudication Board and the two (2) parties shall share equally the expenses of the chairperson. In the event a single Adjudicator is appointed, the two (2) parties shall share equally his/her expenses.
27.08 No person shall be appointed as a member of an Adjudication Board if that person has been involved in an attempt to settle the difference.
27.09 Except as permitted by Article 27.10, the single Adjudicator or Adjudication Board by its award shall not alter, amend or change any terms or conditions of the Agreement.
27.10 If a single Adjudicator or an Adjudication Board by its award determines that a Resident Physician has been discharged or otherwise disciplined by the Authority for cause and the Agreement does not contain a specific penalty for the infraction that is the subject matter of the adjudication, the single Adjudicator or the Adjudication Board may substitute such other penalty for the discharge or discipline as it deems just and reasonable in all the circumstances, including, but not limited to, reinstatement.
27.11 Where it appears to an Adjudicator or Adjudication Board that a Resident Physician has been discharged or disciplined for an academic reason rather than a non-academic reason, he/she/it shall deny the grievance.
27.12 Any of the time limits herein contained in the grievance or adjudication proceedings may be extended if mutually agreed to in writing by the parties.
27.13 A submission to adjudication under this Article shall be a submission to arbitration within the meaning of the Arbitration Act.
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