ARTICLE 51 – ARBITRATION
51.01 Where a grievance has not been satisfactorily resolved under the grievance procedure, or where there is a dispute as to whether a matter is arbitrable:
(a) the teacher with the written consent of the Association; or
(b) in the case of a grievance arising in accordance with Clause 50.21, the Association or the Employer, as the case may be, may, within seven (7) days after exhausting the grievance procedure, notify the other party in writing of the desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice. The grievance procedure is deemed to be exhausted when either an unsatisfactory reply has been received by the grieving party or the limit for a reply has expired.
51.02 The party to whom notice is given under Clause 51.01 shall, within seven (7) days after receipt of such notice, advise the other party of the name of its arbitrator.
51.03 The two (2) arbitrators appointed in accordance with Clause 51.02 shall, within ten (10) days after the appointment of the second of them, appoint a third arbitrator who shall be Chairperson of the Arbitration Board.
51.04 If the party fails to appoint an arbitrator as required within the time limit specified, or should the nominees of both parties fail to agree on a Chairperson, either party may request the Minister of Employment and Labour Relations to appoint an arbitrator or Chairperson to the Board as required.
51.05 The parties to a grievance shall be afforded the opportunity of presenting evidence and arguments thereon and may employ counsel or any other person for this purpose.
51.06 If a party fails to attend or to be represented without good cause at an arbitration hearing, the Arbitration Board may proceed as if the party had been present or represented.
51.07 The Arbitration Board shall render its decision on the grievance within fifteen (15) days of the date on which the Board was fully constituted, and the decision of the Board shall be submitted in writing to the parties concerned within a further ten (10) days.
51.08 The decision of a majority of the members of the Board of Arbitration shall be the decision of that Board and if there is no majority, the decision of the Chairperson shall govern.
51.09 The parties bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decision of an Arbitration Board appointed in accordance with these provisions and do, or abstain from doing, anything required by that decision.
51.10 Each party required by this Agreement to appoint an arbitrator shall pay the remuneration and expenses of that arbitrator and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board.
51.11 The time limit set out in this Article may be extended in writing at any time by mutual agreement.
51.12 A Board of Arbitration appointed under this Agreement shall not have any power to alter or change in any way the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give decision inconsistent with the terms and provisions of this Agreement. In cases involving discipline and loss of remuneration, benefits or privileges, the Arbitration Board shall have full power to direct payment of compensation, vary the penalty, or to direct reinstatement of the benefit or privilege, or to affirm the taking away of such benefit or privilege as the Board may determine to be appropriate.
51.13 A teacher, who is not under suspension and who has not been dismissed, and who is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in arbitration proceedings.