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Constitutive Meeting on March 3, 2016

What is the Arbitration Board responsible for? Universities Act 2002 § 43.

(1) Every university must establish an Arbitration Board. Duties include:
       1. Mediating in disputes between universities members;
       2. Ruling on complaints by the Working Group on Equal Opportunities with regard to gender discrimination or due to race, religion or personal convictions, age, sexual orientation through decisions by the university governing bodies;
       3. Decisions on affirmative defenses of incorrect constitution of the Working Group for Equal Opportunity within four weeks;
       4. Decisions on affirmative defenses of the deficiency of election proposals of the Working Group for Equal Opportunity within 14 days.

(2) Matters which are the subject of legal proceedings, and performance evaluations shall be excluded from investigation by the arbitration board.

(3) The arbitration board shall, in the performance of its duties, seek to achieve agreement between the parties to disputes.

(4) All university bodies and members shall be obliged to furnish the arbitration board with information on matters investigated by it, and to communicate with it.

(5) In accordance with Sec. 1 Z 2, the arbitration board has three months to issue an official statement on whether discrimination due to gender, race, religion, personal convictions, age or sexual orientation in cases has occurred. If the complaint has been submitted by the findings commission or by proposal of the Senate on order by the Rector, the Arbitration Board must render a decision within 14 days.

(6) If the Arbitration Board concludes that discrimination due to gender, race, religion, personal convictions, age or sexual orientation in cases under para. 1 subpara. 2 has occurred, the university body must make a new personnel decision under observation of the arbitration board’s legal conception. If the discrimination is due to a proposal of the findings commission or the Senate by order of the Rector, the proposal is to be returned to the findings commission or Senate. The findings commission and the senate must, in this case, immediately provide legal interpretation of the arbitration board in compliance with the legal situation.

(7) Recourse to law against decisions by the arbitration board is impermissible. The working group on equal opportunities and the university governing body concerned shall however have the right to appeal to the Administrative Court against the order concluding an arbitration procedure.

(8) Employment contracts concluded by the rector during a pending arbitration procedure or in the face of a negative ruling of the arbitration board shall be null and void.

(9) The arbitration board shall consist of six members, none of whom may be members of the university concerned. The senate, university council and work group on equal opportunities shall each nominate one male and one female member of the commission for a term of office of two years. Two of the members must have legal education. The Senate, University Council and the Working Group on Equal Opportunity must each nominate one substitute member.

(10) The members of the arbitration board shall not be bound by any instructions in the fulfilment of their tasks (Article 81c B-VG).

(11) The arbitration board shall reach ist decisions by simple majority. In the case of a tie, the chairperson shall have the casting vote.

(12) The arbitration board shall submit annual reports on its activities to the University Council and the Rectorate.