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Joint Administration & Dispute Resolution Committee

Composition

The Joint Administration and Dispute Resolution Committee (JADRC) will consist of five (5) representatives of the employers and five (5) representatives of the Provincial Bargaining Council (unions).

Operation

Meetings of JADRC shall be held as needed. A meeting shall be called within twenty (20) days of the written request of either party unless mutually agreed otherwise. JADRC will set its own procedures and protocols. All decisions of JADRC will be mutual decisions between the parties and will be recorded or confirmed in writing.

Purpose

This committee exists pursuant to the collective agreements between member employers and their respective faculty unions. The purpose of the committee is to facilitate dispute resolution, including arbitration, on Faculty Common Agreement provisions and to enable discussion between the unions and the employers on other matters pertaining to the Faculty Common Agreement. More specifically, JADRC is to:

  1. Assist in the administration of collective agreements.
  2. Provide a forum for dialogue between the parties respecting issues impacting labour relations.
  3. Provide a means for resolving issues pertaining to the implementation, interpretation and resolution of matters arising from the Common Agreement.
  4. Appoint an umpire(s) or arbitrator(s) as applicable for:
    1. Jurisdictional disputes resolving process
    2. Suspension and discharge grievance resolution
    3. Common Agreement dispute resolution
  5. Develop strategies to reduce arbitration and related costs.

Chair

The Chair will be shared by the union and employer spokespersons.

Quorum

A minimum of six (6) representatives with equal representation from the parties will constitute a quorum.

Minutes

Minutes will be held by both the unions and the employers and will be published on the PSEA web site once they have been formally approved by the joint committee.

Common Agreement Dispute Resolution

Where a dispute arises concerning the interpretation, application, operation or alleged violation of the Faculty Common Agreement, the local parties will refer the dispute to JADRC using the Dispute Referral Form at Appendix C to the Faculty Common Agreement. Such referral would occur after the local grievance procedure is exhausted or deemed completed by agreement of the local parties.

JADRC will act as the registrar for referred disputes and will forward the matter to an arbitrator, within thirty (30) calendar days of the receipt of the dispute by JADRC's designated registrar. (See Appendix D for the list of arbitrators.)

Notwithstanding the referral of a dispute to an arbitrator, the local parties may mutually agree to request that JADRC attempt to resolve the matter through a pre-hearing discussion at the JADRC level. Where JADRC reaches a mutual decision on a matter referred, the decision will be final and binding upon the local parties.

Prior to an arbitral hearing, and in the absence of any JADRC decision, the local parties may resolve a dispute which relates to the interpretation, application, operation or alleged violation of the Faculty Common Agreement. The resolution is without prejudice or precedent.