Section 104
Expedited Arbitration

Delays in settling grievances can interfere with the ongoing relationship between a trade union and employer. Either party can apply to CAAB for assistance in resolving a grievance using the Request for an Appointment application. You can get a Request for Appointment application in either fill-in WORD  format. Please note that applications to CAAB can be made by mail, by fax, or in person only.

The Director may appoint a settlement officer if the parties so wish. However, if the grievance is not resolved by the settlement officer, an arbitrator chosen from a Register of Arbitrators maintained by CAAB will hear the grievance within 28 days, and render a decision within 21 days of the hearing.

The Labour Relations Code states that no difference may be referred to the Director for expedited arbitration (section 104) unless

• the grievance procedure has been exhausted; and
• the application is made within 45 days of completion of the grievance procedure; and
• the matter has not already been referred to arbitration under the collective agreement; and
• the time, stipulated in the collective agreement, for referring the difference to arbitration has not expired.

Where there is a dispute between the parties as to whether these conditions have been met, this dispute is normally referred to the arbitrator to deal with as a preliminary issue in the hearing. Arbitrators have, among other powers, the authority to relieve against breaches of time limits or other procedural requirements. The authority of an arbitration board is set out in section 89 and the powers of an arbitration board are set out in section 92 of the Labour Relations Code.

The fees and expenses charged by the arbitrator are normally borne equally by the two parties.

The hours for filing any applications or documents with the Collective Agreement Arbitration Bureau are from 8:30 AM to 4:00 PM, Monday to Friday, excluding statutory holidays. All materials filed after these hours will be treated as if received at 8:30 AM the next business day.

For more information and bureau policies regarding expedited arbitration, please see our Practice Guidelines.

June 1994 (updated Sept. 2000)