If the parties are unable to agree on the terms of a renewed or revised collective agreement or a new collective agreement, either party may – after a period of at least 90 days has elapsed since notice was given to commence collective bargaining under Section 60 or 61 of The Labour Relations Act – notify the other in writing of its desire to submit the matters remaining in dispute to arbitration. The matters in dispute must then be submitted to arbitration in accordance with this section.
If the parties agree to refer the matters to a single arbitrator, they shall appoint an arbitrator to hear and determine the matters and make an award.
If the parties can not agree to appoint a single arbitrator, they shall take steps to establish an arbitration board to hear and determine the matters and issue an award.
The party that gives the notice under 26.01 shall include in the notice a statement of the matters in dispute being referred to arbitration. The other party may also provide the initiating party with a statement in writing of the matters it considers to be in dispute.
A statement referred to in 26.04 may be amended at any time before the arbitrator or arbitration board begins hearings, but new items may not be added unless bargaining has taken place respecting them.
After hearings begin, neither of the parties may add further items to the statement of matters in dispute, but a party may modify or withdraw any items during the course of the hearings.
Part VII of The Labour Relations Act applies, with necessary changes, to the arbitration of collective bargaining disputes between the parties.