moved:
Motion No. 2
That Bill C-24, in clause 8, be amended by replacing lines 39 to 45 on page 3 and lines 1 to 37 with the following:
“8.(1) The union and employer shall select 3 people as possible arbitrators acceptable to them. The union and employer shall then have seven days to provide the other party with the names they have selected, along with their curriculum vitae. Each receiving party shall select one name from the list submitted within seven days of receipt and notify the other part of their decision. The two selected arbitrators shall then have a maximum of 14 days to agree upon a third arbitrator who shall chair the arbitration panel.
(2) The arbitration panel shall therefore consist of 3 people, including the chair.
(3) Upon selection of the arbitration panel, each party shall submit their best and final position on each outstanding contract item within 30 days of the arbitrator's selection. The arbitration panel shall notify both parties in writing of the location at which final positions must be filed including the precise date and time of the deadline for filing.
(4) Failure to submit a final position within 30 days shall be considered an abandonment of the process and the other party's final position shall be accepted. If both parties fail to submit within 30 days, settlement shall be completed by binding arbitration.
(5) The arbitration panel may not divulge any details of either party's position to any party until a decision has been rendered.
(6) The arbitration panel shall consider each party's final position on all outstanding contract items as a single package unless it is agreed upon by both parties to the dispute to deal with outstanding items on an individual basis, or in specific groupings.
(7) During the deliberation period of the arbitration panel, each party shall be permitted one day, not exceeding 7.5 hours to make personal presentations to the panel.
(8) Each party shall be provided with not less than 5 working days notice of the time, date and location of their personal presentation. This notice may be provided during the interim submission period.
(9) The arbitration panel shall select the final position of the party whose position is most justifiable in accordance with the guidelines set out for the arbitration panel within 30 days of the filing deadline.
(10) The arbitration panel may not change or modify the position of either party.
(11) If, in the opinion of the arbitration panel, both parties are far removed from a justifiable position, the panel may provide both parties with notice to resubmit their final position. Where this is done, each party has 20 days to resubmit their final position. The arbitration panel shall again notify both parties in writing of the location at which the resubmission must be filed, and the precise date and time of the deadline for filing. No information on details of the first submission may be released before the final settlement is announced.
(12) If either party fails to resubmit their offer within the 20 day period, their last filed position shall be used by the arbitration panel.
(13) The arbitration panel shall shall select the most justifiable final position submitted within 20 days of the filing deadline for resubmissions.
(14) Within 30 days of the announcement of the successful submission, the arbitration panel shall submit a full report containing the final submission of both parties and a full point by point justification of the arbitration panel choice of the submitted offers.
(15) If the report was not unanimous, the dissenting panel member shall submit a minority report within the same timeline as the other panel members.”