The Appointment of a Mediator(s) in Essential Services Disputes

The purpose of this Practice Guideline is to explain the process for the appointment of a mediator in essential services disputes. 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.

Upon application by either party to a dispute to the Chair of the Board or, on the Chair's own motion, the Chair may investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia.

 After receipt of the report of the Chair's investigation of the dispute, or on the Minister's own initiative, the Minister may direct the Board to designate as essential services those facilities, productions and services that the Board considers necessary or essential to prevent immediate and serious danger to the health, safety or welfare of the residents of British Columbia.

If such a direction is made before a strike or lockout, a strike or lockout may not occur until the designation of essential services is made by the Board; if a strike or lockout has already occurred when a direction is made, the parties may continue the strike or lockout subject to any designation of essential services by the Board.

 Where the Minister makes a directive to designate essential services, the Associate Chair, Mediation Division may appoint one or more mediators to assist the parties to reach an agreement on essential services designations.

 Within 15 days of the appointment (or longer if agreed to by the parties), the mediator(s) will report to the Associate Chair.

 Within 30 days of receipt of the report of the mediator(s), the Board will designate essential services, and may incorporate any recommendations made by the mediator(s) into the designation.

 The parties must comply with the Board's designations of essential services and supply, provide, or maintain in full measure those facilities, productions and services so designated.

 An essential services designation may be amended upon application to the Board.

·        A party to a collective bargaining dispute may apply to the Chair of the Board to investigate whether or not the dispute poses a threat to the health, safety or welfare of the residents of British Columbia.  A copy of the application form may be obtained from the Registry or the Mediation Division.

 ·        Upon receipt of the letter by personal delivery, courier, Canada Post, or by facsimile, the Chair will initiate a review of the matter and will report to the Minister concerning the dispute.

 ·        Where the Minister directs the Board, in writing, to designate essential services with respect to the dispute, a copy of the direction will be provided to the Associate Chair, Mediation Division.

 ·        The Associate Chair, Mediation Division, will verbally contact the parties to the dispute and determine if it would be useful to attempt to mediate the essential services designations. If he or she then determines that one or more mediators should be appointed, the parties will be advised in writing. The mediators will usually be employees of the Mediation Division.

 ·        The mediator(s) will contact the parties to obtain information concerning the dispute and to arrange a meeting place and dates. The mediator(s) will advise the parties what costs (if any) of the proceedings they must assume.

 ·        The mediator(s) will meet with the parties and, if unable to mediate the essential services designations within 15 days of the appointment, the mediator(s) will report to the Associate Chair. The report will provide a summary of the efforts of the mediator(s) to reach an agreement on essential services and will include any recommendations considered appropriate.

 ·        The Associate Chair, Mediation Division, will provide the report of the mediator(s) to the Associate Chair, Adjudication Division who will arrange for the adjudication of essential services designations.

 ·        Once an essential services designation order has been made (either as a result of agreement between the parties or as a result of an adjudication hearing), an application for its amendment in any manner must be made to the Associate Chair, Adjudication Division.