Article 28 : Arbitration

28.01               A party desiring arbitration shall serve written notice to the other party requesting arbitration of those non-academic items in dispute and shall name its nominee to the Arbitration Board. The non-academic items in dispute shall be specified in the notice.

28.02               Within fourteen (14) calendar days after receipt of such notice to arbitrate, the other party shall name its nominee to the Arbitration Board.

28.03               Within a further seven (7) calendar days, the two (2) nominees shall endeavour to agree upon a mutually acceptable chairperson of the Arbitration Board.

28.04               If the recipient of the initial notice to arbitrate fails to appoint its nominee within the time specified in Article 28.02 hereof, or if the two (2) nominees fail to agree upon a chairperson within the time specified in Article 28.03 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.

28.05               As soon as possible after the Arbitration Board is constituted, it shall proceed to make full inquiry and shall endeavour to bring about agreement between the parties in relation to the non-academic items in dispute referred to it.

28.06               The Arbitration Board shall have the power to determine its own procedures and shall give full opportunity to the parties to present evidence and be heard.

28.07               In the event the Arbitration Board is unable to assist the parties to conclude an Agreement within fourteen (14) days of the Arbitration Board being established or such longer period as the chairperson of the Arbitration Board directs, then after making full enquiry and without undue delay, the Arbitration Board shall, in respect of the items in dispute, make its award in writing and such award is final and binding upon the parties and upon any Resident Physician affected by it. The decision of the majority of the arbitrators is the award of the Arbitration Board, but if there is no majority, the decision of the chairperson governs and it shall be deemed to be the award of the Arbitration Board. The parties request the Board to hand down its award within three (3) weeks of concluding its hearings.

28.08               Upon receipt of the award of the Arbitration Board, the parties shall forthwith prepare a new Agreement giving effect to those matters settled by the parties prior to proceeding to arbitration or at the arbitration hearings together with the award of the Arbitration Board.

28.09               If the Authority or PARA neglects or refuses to participate in the preparation of an Agreement in accordance with Article 28.08, the other party may prepare the Agreement and shall submit the Agreement to the Arbitration Board.

28.10               Where the Arbitration Board receives an Agreement and is satisfied that it gives effect to its award and that there are no other non-academic items remaining in dispute, the Arbitration Board shall certify the Agreement as accurate.

28.11               In the case of any dispute as to wording in any Article to give effect to the award, the Arbitration Board shall resolve the wording, which shall be final and binding on the parties.

28.12               Upon the Agreement being certified by the Arbitration Board, the parties shall sign the Agreement.

28.13               If, at the expiration of the ten (10) calendar days after the date upon which the Agreement has been completed or the Arbitration Board has certified the Agreement, any party fails to sign it, the Agreement nonetheless becomes binding upon the parties as if they had both signed the Agreement and is effective on the date of settlement as specified in the arbitration award.

28.14               Each party shall bear the expense of its respective nominee to the Arbitration Board and the two (2) parties shall bear equally the expenses of the chairperson.

28.15               Notwithstanding the time limits referred to herein, any of them may be extended at any time upon mutual written agreement of the parties.

28.16               No person shall be appointed as a chairperson of an Arbitration Board if he/she has been involved in an attempt to negotiate or settle the dispute.

28.17               Subject to Articles 28.18 and 28.19, the Arbitration Board shall have jurisdiction to determine:
                        (a)        The terms and conditions of all non-academic matters in dispute, and
                        (b)        Whether a matter in dispute is a non-academic matter, which can be separated from the academic program without in any way adversely affecting that program so as to accord with the parties' intent as, expressed in Article 28.19.

28.18               In the event the Arbitration Board is required to determine whether a matter in dispute is a non-academic matter, the Faculties of Medicine shall be invited by the Arbitration Board to make representations with respect to such matters at its hearings prior to any decision by the Arbitration Board, and for this purpose, shall receive notice of proceedings and of any written submissions made by the parties.

28.19               The Arbitration Board shall respect and consider in its deliberations, the intent of all parties that Resident Physicians be able to meet the requirements of their academic programs as specified by the appropriate licensing and examining bodies.

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