Some grievances are settled by the employer and the union (the parties to the collective agreement). Some can be harder to settle and the union and employer may decide that a neutral third-party can help them come to an agreement.
The process of mediation-arbitration is one tool available to unions and employers to try to reach an agreement.
What is mediation-arbitration?
Mediation-arbitration is a combination of two processes. Rather than going directly to an arbitration hearing process, where the arbitrator will hear the evidence and arguments of both sides and then come to decision, the union and employer agree that the arbitrator should try to work with them to settle (mediate) the grievance first. If the grievance can't be resolved informally, then the arbitrator will hear and decide the matter.
The union and employer can agree to a mediation-arbitration process themselves. In addition, the Director of the Collective Agreement Arbitration Bureau (CAAB) can appoint a mediator-arbitrator under the Labour Relations Code (the Code) where the parties make a joint application asking for one.
How can a party to a collective agreement apply for consensual mediation-arbitration?
Only the parties to a collective agreement can apply for a referral to consensual mediation-arbitration. Parties must agree to apply to the director for mediation-arbitration.
One party can file an application with the Board by using the Board’s online application process. During the application process, the applying party must confirm both parties are in agreement to apply for consensual mediation-arbitration. 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.
The Director of the CAAB will appoint an arbitrator from the Register of Arbitrators.
Fees and expenses charged by the arbitrator are typically split between the parties and aren't governed by CAAB or the Code.