The Director of the Collective Agreement Arbitration Bureau (CAAB) maintains a Register of Arbitrators. When the union or employer (the parties) make an application for an arbitrator, the Director of CAAB picks the arbitrator from this register. CAAB provides a service to the labour relations community as part of the system of labour relations in B.C.
Arbitrators are placed on the register under advisement from the Joint Advisory Committee (JAC). The JAC recognizes the distinct provincial character of the labour relations system under the Labour Relations Code (the Code), in its mandate in selection and placement of arbitrators on the Register. Arbitrators placed on the Register must be accepted by the community as impartial and neutral, with broad skill sets reflecting current community standards. Arbitrators on the Register must demonstrate community acceptance through active arbitration.
CAAB, through the JAC, continues to work with and support the arbitral community in developing new arbitrators through mentorship. CAAB’s effectiveness depends on the support of the community and welcomes feedback about its operation.
Current Register of Arbitrators
Listing updated January 12, 2021
|Corrin Bell||Joan McEwen|
|Guy Beaulieu||David McPhillips|
|Mark Brown||Allison Matacheskie|
|Rick Coleman||Wayne Moore|
|A. Paul Devine||Julie Nichols|
|James E. Dorsey||Randy Noonan|
|Elaine Doyle||Karen Nordlinger|
|Mike Fleming||John Orr|
|Nicholas Glass||Arne Peltz|
|Jessica Gregory||Robert Pekeles|
|John Hall||Vince Ready|
|Irene Holden||Amanda Rogers|
|Marguerite Jackson||Ken Saunders|
|Koml Kandola||Glenn Sigurdson|
|John Kinzie||Sylvia Skratek|
|Cathy Knapp||Gabriel Somjen|
|Judi Korbin||Lisa Southern|
|Dalton Larson||Chris Sullivan|
|Paul E. Love||Colin Taylor|
The JAC, together with the Arbitrator’s Association of B.C., has created a mentorship program to help emerging arbitrators develop the necessary arbitration skills.
An emerging arbitrator works with an established arbitrator and is given substantial exposure to the arbitration process. An established arbitrator is one having ten years or more experience as an active labour arbitrator and mediator with that being the principal focus of their practice. To be a mentor, an established arbitrator must have the ability, alone or in conjunction with other arbitrators, to provide substantial exposure to the conduct of hearings, mediation and the writing of decisions during the mentorship. Mentorship is a period of approximately one year or more and involves training with respect to the conduct of hearings, mediation and the writing of decisions.
This helps the emerging arbitrator learn and develop skills to conduct hearings and write decisions.
Placement on the register
There are two ways arbitrators can become qualified to be placed on the Register of Arbitrators:
- Experience as an arbitrator through consensual appointments by the parties
- Successful completion of CAAB’s mentorship program
The JAC advises the Director of qualified arbitrators for placement on the Register of Arbitrators. The JAC assesses an arbitrator based on the following criteria:
The primary criterion for all those who are placed on the Register of Arbitrators is that they be accepted as impartial and neutral by employers and unions. Such acceptability will normally be evidenced by the applicant having received a reasonable number of consensual rights appointments or through mentorship.
Experience in labour dispute resolution
Candidates for placement on the Register may have acquired relevant experience by one or more of the following means:
- chairing boards of labour arbitration
- acting as a nominee for either party
- arbitration case presentation
- Labour Relations Board case presentation
- successful completion of arbitrator development program or mentorship
Practical experience in collective bargaining
Practical experience includes either of the following:
- spokesperson during collective agreement negotiations
- representative in grievance administration with authority to resolve grievances
Special Skills or Training
Candidates should be able to demonstrate that they have special skill or training in several of the following areas:
- conduct of hearings/tribunals to make sure there is a fair hearing/due process
- case management
- dispute resolution
- labour relations/collective bargaining
- employment law
- labour relations law
- Workers Compensation Board reviews/appeals
- ability to communicate effectively
- ability to write clear, concise and timely arbitration awards
- ability to analyse issues, facts and evidence
Personal suitability, for example:
- maturity of judgement
- ability to conduct arbitration hearings
Arbitrators who are placed on the Register must have an established active arbitration practice in British Columbia
Arbitrators who are placed on the Register must be available to accept assignments throughout B.C. and make sure hearings are held and awards issued within the strict time limits set out in Section 104 of the Code.
Other Relevant Factors
The JAC may consider other factors which it considers relevant.
Staying on the register
The Director, on the advice of the JAC, will review regularly the suitability of those arbitrators placed on the Register. In addition to satisfying the initial placement criteria, arbitrators must satisfy the following criteria for continued placement:
Community acceptance can be measured by the number of consensual appointments an arbitrator receives under a collective agreement pursuant to the Code, the breadth of appointments by industry or parties, and other related factors, as may be determined by the JAC.
An Arbitrator must receive at least five consensual rights arbitration appointments in one year (each with a different set of parties) or an average of 15 consensual appointments over a three-year period.
An arbitrator who is named in a collective agreement and receives an arbitration appointment during its current term, can count that appointment (each with a different set of parties) toward the five or 15 requirement.
Where an arbitrator has been unavailable due to sabbatical, maternity/paternity/parental leave or other reasons which the JAC considers appropriate, the arbitrator must receive fifteen consensual appointments as a rights arbitrator under the Code over a three-year period, as extended by the time on leave
Arbitrators must be willing to accept a reasonable number of CAAB appointments per year in recognition of service to the community
The JAC may consider relevant continuing education and professional development (attendee/presenter) as factors in determining currency.
An arbitrator who has been initially placed on the Register of Arbitrators through the mentorship program shall, within a reasonable time as determined by the JAC, be expected to have developed their own active arbitration practice and satisfy the continuing placement criteria herein.
Publication of Awards
Arbitrators must issue their awards in a timely manner
The JAC may consider an arbitrator for continuing placement who may not satisfy all established criteria but who has otherwise demonstrated a presence and acceptance within the community.