When a dispute arises between the employer and the union (the parties) during the term of a collective agreement, the parties can try to resolve that dispute between themselves using the grievance process in the collective agreement.
If the parties aren’t able to resolve the dispute through the grievance process, either party can refer the grievance to arbitration. A neutral arbitrator will then be appointed to resolve it. Generally, it is up to the parties to decide which arbitrator to appoint.
However, if the employer and the union haven’t agreed on which arbitrator to appoint, either one can apply to the Collective Agreement Arbitration Bureau (CAAB) to have the director appoint an arbitrator to resolve the dispute.
Who can apply to have an arbitrator appointed?
Only the parties to a collective agreement (the union or employer) can apply to have an arbitrator appointed.
How do I apply to have an arbitrator appointed?
To apply to the Director of CAAB to have an arbitrator appointed, file an application with the Board by using the Board’s online application process. The $100 filing fee can be paid through the online application process. If you can't use the online application process and need an alternate means of filing an application, contact us.
Once the application has been submitted through the online application process, you will be able to save a copy of the completed application. You must serve the other party as required by the Rules.
What happens after I make my application?
A representative from CAAB will contact the parties about the appointment process. The Director will appoint an arbitrator from the Register of Arbitrators. They will send a letter of appointment to the parties and the arbitrator. Once appointed, the arbitrator must hold a case management conference with the parties within 30 calendar days of the appointment.