McQuarrie Chapter 10- Third Party Interventions

Question 1

Why are 3rd parties brought in?

Answer 1

help resolve differences without strike or lockout

Question 2

What are the 3 main types of third party intervention

Answer 2

Conciliation: Conciliator assesses parties positions
Mediation: Mediator can participate in bargaining process
Arbitration: Arbitrator establishes some or all of the terms

Question 3

What are 3 less common types of 3rd party intervention?

Answer 3

• Mediation-arbitration
• Industrial inquiry commissions
• Dispute Inquiry Boards

Question 4

What is the first step in attempting to resolve an impasse?

Answer 4

Conciliation (except in BC and Alberta

Question 5

What does the Conciliator do?

Why is it important?

Answer 5

Assess the positions and submit a report to the Minister of Labour.

The report is typically a pre-condition to a strike or a lockout.

Doesnt bargain but attempts to capture real issues

Question 6

What is a tripartite conciliation board? When does it arise?

Answer 6

Arises when the report of conciliation officer fails to bring about resolution.

Consists of:

• Individual appointed by employer
• Individual appointed by union
• A third member, either appointed jointly by the parties or by an external authority

Question 7

What does the board do?

Answer 7

Holds a formal hearing where parties present their positions.

If agreed as such, the board can make binding decisions

Question 8

When is Conciliation often used?

Answer 8

public sector disputes involving essential services

Question 9

Is conciliation effective?

Answer 9

One study suggests it reduces neither # or length of strikes.

It rarely resolves disputes but is seen as a necessary first step.

Question 10

What is Mediation?

Answer 10

More intensive form of mediation than conciliation.

A mediator participates in the bargaining itself, meeting with both parties together and separately.

Mediator is appointed at request of one or both parties, or initiative of Ministry of Labour

Question 11

What does the mediator do?

Answer 11

Proposes solutions which could or could not be binding (if agreed upon).

Recommends solutions or agreements

Question 12

What is a Special Mediator?

Answer 12

Used in BC, Quebec, Saskatchewan, Nova Scotia, Alberta

Has expanded protection, privileges, powers, must keep minister informed on progress

Appointed if bargaining is likely to be difficult or if strike/lockout would have unusually negative imapct.

Question 13

What is a Fact Finder?

Answer 13

A type fo mediator. Used in BC. Reports on issues in dispute. Copies of report given to parties and could be made public.

Technically a mediator but serves more the role of a conciliator

Question 14

What is Interest Arbitration?

Answer 14

The most intensive and invasive form of 3rd party intervention.

An individual or a tripartite panel will be appointed and a formal hearing is held

Question 15

What does an arbitrator do?

Answer 15

Establishes some or all terms and cond’s of agreement

Makes a BINDING decision.

Question 16

What do interest arbitrators traditionally use?

Answer 16

They use Final Offer Selection.

2 types:
Total-package final offer selection
Item-by-Item final offer selection

Question 17

What is Total-package final offer selection

Answer 17

Each party presents interest arbitrator with a total package of offers.

The arbitrator selects one party’s total package which forms part or all of the termsand conds. of the agreement.

Forces parties to present realistic proposals, but creates Win-Lose scenario

Question 18

What is Item-By-Item Final Offer Selection

Answer 18

Each party submits a package of proposals to the arbitrator. Arbitrator chooses items from either party’s proposal.

Collective agreement could contain all, some, or none of proposals made.

Question 19

What is the outcome of Item-by-Item Final Offer Selection?

Answer 19

Lessens probability of a side having their suggestions ignored.

Neither party is likely to be completely satisfied.

Question 20

What are two problems with interest bargaining or binding conciliation

Answer 20

Chilling Effect: When parties have less desire to resolve outstanding issues on their own.

Narcotic Effect: When parties lose ability to resolve disputes on their own bc the responsibility for resolving disputes is consistently taken away

Question 21

What is Mediation-Arbitration

Answer 21

Third party enters as a mediator but if issues cannot be resolved they become an arbitrator

Disputes get resolved and no delay when mediation fails.

Lengthy process and Arbitrators neutrality may be questioned

Question 22

What kind of 3rd Party Intervention occurs in Private Sector?

Answer 22

Conciliation and arbitration are seldom used except when mandated by law

Mediation preferred, helps parties resolve while retaining control.

Question 23

Where can a private sector mediator come from?

Answer 23

Labour Relations Board, Ministry of Labour, privately chosen

Question 24

What kinds of 3rd Party Interventions occur in Public Sector bargaining Disputes?

Answer 24

In some situations, proceed directly to arbitration (essential services).

Some jurisdictions do not require binding conciliation

Question 25

What are 3 methods of resolving bargaining disputes without a Third Party?

Answer 25

• Final Offer Votes
• Industrial Inquiry Commissions
• Disputes Inquiry Boards

Question 26

What is a Final Offer Vote?

Answer 26

MoL orders that bargaining unit take a secret vote on the other party’s last offer.

If majority of either party votes in favour, then the parties must conclude a collective agreement incorporating terms of that final offer.

Question 27

What is an Industrial Inquiry Commission

Answer 27

Commission appointed to investigate bargaining disputes.
(rare)

MoL provides commission with statement of matters that are disputed, to be investigated.

If parties do not settle matter within a certain time, commission reports results to MoL, with recommendations for settlement.

Question 28

What is a Disputes Inquiry Board?

Answer 28

A board composed of 3 people who gather evidence about a dispute. (Appointed infrequently)

Question 29

What does a Disputes Inquiry Board do?

Answer 29

Holds formal hearing where both sides present oral, written evidence

• Presents recommendations to Minister
  (ontario) : Minister acts on recomms. as sees fit.

(Alberta): If recomm are not accepted by one sides representatives, that sides members get to vote as a whole like final offer vote. If vote wins, its binding.

Question 30

Whats the difference between a Disputes Inquiry Board and a Industrial Inquiry Commission?

Answer 30

Disputes board specifically charged with investigating disputes that led to strike/lockout. Recommendations of inquiry board have more formal weiht.