·
The
appointment of a fact finder and by the associate chair of the Mediation Division; and,
·
Ordering a last offer vote.
Mediation services
The
majority of collective agreement negotiations are settled by the union and employer
without a work stoppage. When parties have difficulty concluding a collective
agreement, they may decide to involve a neutral third party, who is called a mediator, to
assist them. The mediator's job is to help the parties find their own solutions to
their collective bargaining problems.
Either
party can apply to the Mediation Division of the Board for appointment of a mediator after
collective bargaining is in progress. The Minister of Labour and Citizens' Services
can also appoint a mediator in a collective bargaining dispute if he or she feels that a
mediator will likely assist the parties in reaching a collective agreement.
After
being appointed, the mediator meets with the parties and works on resolving the areas of
disagreement for a new collective agreement. Unless the union and employer agree to
an extension or the Minister orders an extension, the mediator will report to the
associate chair on the outcome of the mediation within 20 days of the mediation
appointment. If requested by the parties, or directed by the minister, the mediator
must also give a report to the parties, and the report may include recommended terms of
settlement.
Strikes
and lockouts are not legal while a mediation officer is involved. The parties must
wait until 48 hours after the Associate Chair has advised them that he or she has received
the mediator's report before they can legally engage in a strike or lockout.
Special mediator
The Minister of Labour and Citizens'
Services has the power to appoint a special mediator, with specified terms of reference,
to help the union and employer negotiate a collective agreement. A special mediator
keeps the Minister informed on the progress of the mediation. The appointment of a special
mediator does not restrict or prohibit a strike or lockout unless the parties so agree.
Fact finding
The
Associate Chair of the Mediation Division has the authority to appoint a fact finder in
any collective bargaining dispute. The role of the fact finder is to confer with the
parties to determine which matters they have agreed to and which matters remain in
dispute.
The
fact finder's report may include any matter that is considered relevant to the settlement
of a collective agreement, but the report is not binding on the parties. Both
parties receive a copy of the fact finder's report and it may also be made public by the
associate chair.
Last offer vote
Before
a strike or lockout commences, the employer can ask for a vote by the employees in the
bargaining unit on the employer's last offer received by the union during
bargaining. Similarly, a union bargaining with a group of employers represented by
an employers' organization can request a vote of member employers on the union's last
offer. In both cases, where the vote favours acceptance of the offer, the terms of
the offer voted upon become the new collective agreement between the parties. Only
one last offer vote may be held for the same dispute.
After
a strike or lockout has begun, the Minister of Labour and Citizens' Services can order a
vote on the last offer of either party when he or she considers it in the public interest
to do so. Again, a vote in favour of the last offer is binding on the union and
employer(s).
Industrial inquiry commission
The
Minister of Labour and Citizens' Services may appoint an Industrial Inquiry
Commission to maintain or secure labour relations stability and to promote conditions
leading to the settlement of disputes. Such commissions work with a specific mandate from
the Minister. The union and employer may agree to be bound by the report of an Industrial
Inquiry Commission.
