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.
How do I apply to have an arbitrator appointed?
To apply to have an arbitrator appointed:
- Complete the Request for Appointment form
REQUEST FOR APPOINTMENT
- Submit the application by email, mail, or courier to the attention of Director of CAAB
- Arrange to pay the $100 filing fee.
- Serve the other party as per the Rules.
Filing by email? The Board only accepts supporting information in PDF, MP3, or MP4 format. Supporting information cannot be provided by a file-share link at this time.
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.