||John P. Sanderson
|A. Paul Devine
|Robert D. Diebolt
|James E. Dorsey
||Paul E. Love
Updated February 19, 2018
The Joint Advisory Committee (JAC) advises
the Director on suitable candidates for placement on the Register of Arbitrators and on
training programs to develop new arbitrators. The Register of Arbitrators is a requirement
of the Labour Relations Code
There are two means by which a person may become qualified to be placed on the Register of
- by experience as an arbitrator under consensual appointments; or
- by successful completion of the Bureau's arbitrator development program or mentorship as defined below
(click HERE for detail):
Mentorship is a period of approximately one year or more with an established labour
arbitrator and involves training with respect to the conduct of hearings, mediation and the writing of decisions.
An established arbitrator is one having ten years or more experience as an active labour arbitrator and mediator with
that being the principal focus of her/his practice and with the ability, alone or in conjunction with other arbitrators,
to provide substantial exposure to the conduct of hearings, mediation and the writing of decisions during the mentorship.
The JAC will apply the following criteria when advising the Director as to the
suitability of candidates for initial placement on the register of arbitrators:
- Mutual Acceptability
The primary criterion for all those who are placed on the Register of Arbitrators is that
they be accepted as impartial and neutral by employers and trade unions. Such
acceptability will normally be evidenced by the applicant having received a reasonable
number of consensual rights appointments or through mentorship.
- Experience in Labour Dispute Resolution
Candidates for placement on the Register may have acquired relevant experience by one or
more of the following means:
- chairing boards of labour arbitration
- acting as a nominee for either party
- arbitration case presentation
- labour relations board case presentation
- successful completion of arbitrator development program or
Arbitrators who are placed on the Register must be available to accept assignments
throughout the Province and ensure that hearings are held and awards issued within the
strict time limits set out in Section 104 of
Labour Relations Code.
Practical Experience in Collective Bargaining
Practical experience should include either of the following:
Special Skills or Training
- spokesperson during collective agreement negotiations; or
- representative in grievance administration with authority to resolve grievances.
Candidates should be able to demonstrate that they have special skill or training in
several of the following areas:
- conduct of hearings/tribunals to ensure a fair hearing/due process
- case management
- dispute resolution
- labour relations/collective bargaining
- employment law
- labour relations law
- Workers Compensation Board reviews/appeals
- ability to communicate effectively
- ability to write clear, concise and timely arbitration awards
- ability to analyse issues, facts and evidence
Resident of Province
- maturity of judgement
- ability to conduct arbitration hearings
All arbitrators on the register are required to be residents of British Columbia and will
be removed from the register immediately for failing to comply with this requirement.
Other Relevant Factors
The JAC may consider other factors which it considers relevant.
The Director, with advice from the JAC, will review regularly the suitability of those
placed on the register. In addition to the criteria listed above this review will consider
factors such as the acceptability and timeliness of published arbitration awards.
To remain on the register an arbitrator must establish that he or she has received:
- five consensual appointments as a rights arbitrator under the Labour Relations Code on
the preceding year; or
- an average of five consensual appointments during the past three year period. However,
where an arbitrator has been unavailable due to sabbatical, maternity leave or other
reasons which the JAC considers appropriate, he/she must establish that he/she has
received fifteen consensual appointments as a rights arbitrator under the Code during the
last three years when he/she was not on leave.
Mutual agreement by parties to list an arbitrator in a collective
agreement governed by the Labour Relations Code and each appointment under such collective
agreement shall each count as one appointment.
(updated Sept., 2000)