7. A special agreement shall not provide for benefits to employees other than those adversely affected by the implementation of changes.
8. (1) Where, in negotiating a special agreement, a settlement has not been reached by the parties to the special agreement process (hereinafter referred to as “the parties”) on any issue arising under subsection 5(2) within 60 days after the date a railway company has served notice on a trade union, either party may inform the Minister of Labour, by notice in writing, of their failure to reach a settlement.
(2) Within a reasonable period after his receipt of a notice referred to in subsection (1), the Minister of Labour or a representative designated by him shall confer with the parties in order to assist them in reaching a settlement.
(3) Where the Minister of Labour or his representative is unsuccessful in assisting the parties in reaching a settlement, either party may, within seven days following the conference with the Minister of Labour or his representative, request, by notice in writing to the other party, that the matter be referred to a single arbitrator.
(4) Where, within seven days of a request referred to in subsection (3), the parties cannot agree on the selection of an arbitrator, either party may submit to the Minister of Labour an application to appoint an arbitrator.
(5) Within a reasonable period after his receipt of an application referred to in subsection (4), the Minister of Labour shall select and appoint an arbitrator.
(6) On the appointment of an arbitrator, the parties shall prepare a joint statement of any issues arising under subsection 5(2) that remain in dispute and shall submit that statement to the arbitrator prior to the hearing.
(7) Within 21 days of his appointment the arbitrator shall convene a hearing of the parties.
(8) Within 60 days of his appointment the arbitrator shall make an award.
(9) An arbitral award shall be final and binding on the parties and for the purposes of these Regulations shall be deemed to be an integral part of the special agreement.
(10) An arbitral award, notwithstanding a decision to the contrary by the arbitrator as to its duration, shall be the only arbitral award applicable in respect of any matter referred to arbitration under this section.
(11) Any time limit established pursuant to this section may be extended by agreement between the parties.
9. (1) Where non-unionized employees have been adversely affected by the implementation of changes, they shall be provided with benefits consistent with existing railway policies and practices and may be provided with additional benefits.
(2) Every railway company affected by changes in Railway Passenger Services shall provide a detailed statement of the benefits to be provided to non-unionized employees pursuant to subsection (1) to the Minister of Transport and that statement shall, for the purposes of these Regulations, be considered to be a special agreement.
10. (1) A government arrangement shall not provide for the reimbursement of a greater portion of the cost than the prescribed portion.
(2) A government arrangement shall not be executed until the appropriate special agreement has been signed by the parties to the special agreement.
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