Register of Arbitrators

1. by experience as an arbitrator under consensual appointments; or
2. by successful completion of the Bureau's arbitrator development program.

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:

1. 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.
2. 
   
   
3. 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
   
4. Availability
   
   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 the Labour Relations Code.
5. 
   
   
6. Practical Experience in Collective Bargaining
   
   Practical experience should include either of the following:
• spokesperson during collective agreement negotiations; or
• representative in grievance administration with authority to resolve grievances.
   
7. Special Skills or Training
   
   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
   • mediation
   • 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

   
   

8. Personal Suitability
    
• maturity of judgement
• impartiality
• objectivity
• ability to conduct arbitration hearings
   
9. Resident of Province
   
   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.
   
   
10. Other Relevant Factors
    
    The JAC may consider other factors which it considers relevant.

Continuing Placement on the Register

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.