16. HUMAN RESOURCES DATABASE and JADRC
16.1 HUMAN RESOURCES DATABASE
The Parties believe that their on-going and collective bargaining relationships are enhanced through useful, timely and accessible data on relevant human resources matters, including those listed below.
The Parties agree to provide and support the accumulation and dissemination of available data to the PSEA, which will be responsible for the management of the HRDB project including the gathering, analysis, and maintenance of such date. The Parties may undertake joint projects for the comparative analysis of such data.
The Parties agree that a Steering Committee will oversee this program. The Committee will include representatives designated by each Party.
The Parties recommend that the Ministry of Advanced Education, Training and Technology continue to provide funding to assist in the gathering, analysis, and maintenance of such data through the agreed-upon organization.
16.1.1 Relevant Matters include:
(a) Health and Welfare
(i) Types of coverage
(ii) Participation rates
(iv) Cost sharing
(v) Commission costs
(vi) Available studies commissioned by Government agencies (e.g. comparative benefit analysis)
(vii) Carrier contracts
(b) Collective Bargaining
(i) Salary information by classification
(ii) Demographics: age, sex, salary, placement, status
(iii) Analysis of local collective agreements within the system
(iv) Pension plan participation rates
(c) Contract Administration
(i) Arbitration, Labour Relations Board, JADRC, Harassment, Jurisdictional and other third-party decisions and costs thereof for the system
(ii) Local Letters of Understanding
16.2 JOINT ADMINISTRATION AND DISPUTE RESOLUTION COMMITTEE (JADRC)
16.2.1 Formation and Composition
The Parties to this agreement will maintain a Joint Administration and Dispute Resolution Committee (JADRC) consisting of five (5) representatives of the employers and five (5) representatives of the Provincial Bargaining Council.
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. A minimum of six (6) representatives with equal representation from the Common Parties will constitute a quorum. 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.
The purpose of JADRC is to:
(a) Assist in the administration of collective agreements.
(b) Provide a forum for dialogue between the Parties respecting issues impacting labour relations.
(c) Provide a means for resolving issues pertaining to the implementation, interpretation and resolution of matters arising from the Common Agreement.
(d) Appoint arbitrator(s) as applicable for Common Agreement Dispute Resolution
(e) Develop strategies to reduce arbitration and related costs.
16.2.4 Common Articles Dispute Resolution
Where a dispute arises concerning the interpretation, application, operation or alleged violation of any articles common to the Sector, the local parties will refer the dispute to JADRC using the Dispute Referral Form at Appendix E to this 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.
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 allege violation of this Agreement. The resolution is without prejudice or precedent.
16.2.5 Process and Costs
A matter referred to an arbitrator will be scheduled and heard within sixty (60) calendar days of referral unless otherwise mutually agreed by the local parties. Decisions will be final and binding except as provided by Section 99 of the Labour Relations Code.
Arbitral decisions shall be rendered within fifteen (15) calendar days of the conclusion of the hearing. Time limits may be altered by mutual agreement between the parties.
An arbitrator has the authority to order pre-hearing disclosure and to act as a mediator provided such action does not unduly delay a decision.
Each local party will be responsible for its own costs. The costs of the arbitrator will be shared by the local parties.