What is Arbitration?
Grievance arbitration is a formal process for concluding disputes between
trade unions and employers that arise from collective agreements. The
arbitrator, either chosen consensually by the parties or appointed by
the Director of CAAB, is a neutral person who is given quasi-judicial
powers to investigate, hear evidence and provide a decision binding on
Q. Who can apply for expedited arbitration?
A. Any trade union or employer which is party to a collective agreement
under the Labour
Relations Code. However, the parties must have exhausted the grievance
procedure in their collective agreement before making an application to
Q. How does an employer or union apply for expedited arbitration?
A. Application forms are available from the Collective Agreement Arbitration
Bureau, as well in print-from-screen and PDF
formats on this website.
Q. Is there a time limit to applying for expedited arbitration?
A. Yes. Time limits must be followed according to the collective agreement.
Otherwise, applications must be made within 45 days of completing the
Q. If a union or employer applies for expedited arbitration, can the
other party refuse to take part on the grounds it differs from the collective
A. No. Expedited arbitration, as set out
104 of the Labour Relations Code, overrides the provisions of the
Q. Is there an opportunity to settle before or during arbitration?
A. Yes. The Director may appoint a settlement officer
prior to an expedited arbitration hearing. The expedited arbitrator may
encourage settlement of the grievance if the parties concur. In addition,
the parties may refer grievances to a mediator-arbitrator
Q. Who pays for expedited arbitration?
A. The fees and expenses of the arbitrator are divided equally between
the union and employer. There is no charge for meeting with a settlement
Q. What power does an expedited arbitrator have?
A. An expedited arbitrator has the same powers as any arbitrator appointed
under the Labour Relations Code. See Sections 89
of the Code for details of these powers.