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Summary procedure

11.16 The rules provided in paragraphs 11.01 to 11.15 shall apply to the summary procedure, except as amended by the following paragraphs.

11.17 The hearing is held before an Arbitrator chosen by the Parties at the local level. This Arbitrator may be appointed by said Parties for the duration of the agreement, if they so wish. Failing an agreement on the choice of the Arbitrator, the regular arbitration procedure shall apply.

In a case of workload complaint, if the Parties do not agree on the Arbitrator, one Party or the other shall ask the Labour Minister to appoint the Arbitrator from the annotated list of arbitrators of the Conseil consultatif du travail et de la main-d’œuvre.

11.18 The hearing of grievances subject to this procedure shall be limited to one (1) day per grievance. At the request of one or the other Party, the Arbitrator may decide to extend the hearing period.

11.19 The Arbitrator must hear the merits of the grievance before rendering a decision on a preliminary objection, unless he or she may settle it forthwith. No document may be given by the Parties after the hearing.

11.20 The Arbitrator’s decision is a particular case and does not become a precedent. His or her decision is binding for the local parties.

11.21 The Arbitrator must hold the hearing within fifteen (15) days of allowing the case and must render his or her decision in writing within the following ten (10) days.

11.22 In the case of a workload grievance, the Arbitrator may assess if a work overload does exist.

The Arbitrator has jurisdiction to order the Employer to take action to remedy the situation. The choice of action is exclusively the Employer’s.

At the Union’s request, the Arbitrator must sit between the thirtieth (30th) and sixtieth (60th) day of the decision to determine if the means used by the Employer have successfully eliminated the work overload. If the means used by the Employer have not eliminated this overload, the Arbitrator shall order the means to be taken.

opeiu 491

(Note: This is a translation)