Marginal note:Proceedings prohibited
15. No order is to be made, no process is to be entered into and no proceeding is to be taken in court
(a) to question the appointment of the arbitrator; or
(b) to review, prohibit or restrain any proceeding or decision of the arbitrator.
Marginal note:New collective agreement not precluded
16. Nothing in this Part precludes the employer and the union from entering into a new collective agreement at any time before the arbitrator makes a decision and, if they do so, the arbitrator’s duties under this Part cease as of the day on which the new collective agreement is entered into.
New Collective Agreement
Marginal note:New collective agreement
17. (1) Despite anything in Part I of the Canada Labour Code, the arbitrator’s decision constitutes a new collective agreement between the employer and the union that is effective and binding on the parties beginning on the day on which it is made. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part.
Marginal note:Coming into effect of provisions
(2) The new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding.
(3) Nothing in this Part is to be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the new collective agreement, other than a provision relating to its term, and to give effect to the amendment.
18. The following definitions apply in this Part.
« arbitre »
“arbitrator” means the arbitrator appointed under section 26.
« convention collective »
“collective agreement” means the collective agreement between the employer and the union that expired on March 31, 2011.
« employé »
“employee” means a person who is employed by the employer and bound by the collective agreement.
« syndicat »
“union” means the Air Canada Pilots Association.
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