The Appointment of a Facilitator to Assist the Parties in Developing a More Cooperative Relationship

                                                           Purpose

The purpose of this Practice Guideline is to explain the process for the appointment of a facilitator to assist the parties in developing a more cooperative relationship during the term of a collective agreement.  It is not a legal document and is subject to the provisions of the Labour Relations Code , the Labour Relations Regulation and the Labour Relations Board Rules.

 The Legislation

Section 53 of the Code provides that collective agreements must contain provisions to establish a consultation committee and provide for regular consultation during the term of the collective agreement about issues relating to the workplace that affect the parties or any employee bound by the collective agreement. 

The purpose of the consultation committee is to promote the cooperative resolution of workplace issues; to respond and adapt to changes in the economy; to foster the development of work related skills; and to promote workplace productivity.

 Section 53(5) of the Code provides that, upon the joint request of the parties, the Associate Chair, Mediation Division, shall appoint a facilitator to assist the parties to develop a more cooperative relationship. 

 Procedure

·        The parties to collective bargaining may jointly apply to the Associate Chair, Mediation Division, to appoint a facilitator to assist them to develop a more cooperative relationship.

 ·        The application must be in the form of a letter signed by both the parties and forwarded to:

        Associate Chair
Mediation Division
Labour Relations Board
Suite 600, 1066 West Hastings Street
Vancouver, BC V6E 3X1

Phone: (604) 660-1300
Fax:     (604) 660-1892

 ·        Upon receipt of the application, the Associate Chair shall appoint a facilitator to work with the parties to develop a more cooperative relationship. The facilitator will usually be an employee of the Mediation Division.

 ·       The facilitator will contact the parties and recommend steps to assist the parties to improve their relationship. The techniques employed will depend on the nature of the parties' relationship and the facilitator's assessment as to which method would be appropriate in the circumstances. The facilitator will advise the parties at the outset what costs (if any) of the proceedings they must assume.


Effective; 04/01/95
Revised; 08/2001


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CAAB
(Collective Agreement Arbitration Bureau)