McQuarrie Chapter 10- Third Party Interventions Flashcards
Why are 3rd parties brought in?
help resolve differences without strike or lockout
What are the 3 main types of third party intervention
Conciliation: Conciliator assesses parties positions
Mediation: Mediator can participate in bargaining process
Arbitration: Arbitrator establishes some or all of the terms
What are 3 less common types of 3rd party intervention?
- Mediation-arbitration
- Industrial inquiry commissions
- Dispute Inquiry Boards
What is the first step in attempting to resolve an impasse?
Conciliation (except in BC and Alberta
What does the Conciliator do?
Why is it important?
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
What is a tripartite conciliation board? When does it arise?
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
What does the board do?
Holds a formal hearing where parties present their positions.
If agreed as such, the board can make binding decisions
When is Conciliation often used?
public sector disputes involving essential services
Is conciliation effective?
One study suggests it reduces neither # or length of strikes.
It rarely resolves disputes but is seen as a necessary first step.
What is Mediation?
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
What does the mediator do?
Proposes solutions which could or could not be binding (if agreed upon).
Recommends solutions or agreements
What is a Special Mediator?
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.
What is a Fact Finder?
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
What is Interest Arbitration?
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
What does an arbitrator do?
Establishes some or all terms and cond’s of agreement
Makes a BINDING decision.
What do interest arbitrators traditionally use?
They use Final Offer Selection.
2 types:
Total-package final offer selection
Item-by-Item final offer selection
What is Total-package final offer selection
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
What is Item-By-Item Final Offer Selection
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.
What is the outcome of Item-by-Item Final Offer Selection?
Lessens probability of a side having their suggestions ignored.
Neither party is likely to be completely satisfied.
What are two problems with interest bargaining or binding conciliation
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
What is Mediation-Arbitration
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
What kind of 3rd Party Intervention occurs in Private Sector?
Conciliation and arbitration are seldom used except when mandated by law
Mediation preferred, helps parties resolve while retaining control.
Where can a private sector mediator come from?
Labour Relations Board, Ministry of Labour, privately chosen
What kinds of 3rd Party Interventions occur in Public Sector bargaining Disputes?
In some situations, proceed directly to arbitration (essential services).
Some jurisdictions do not require binding conciliation
What are 3 methods of resolving bargaining disputes without a Third Party?
- Final Offer Votes
- Industrial Inquiry Commissions
- Disputes Inquiry Boards
What is a Final Offer Vote?
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.
What is an Industrial Inquiry Commission
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.
What is a Disputes Inquiry Board?
A board composed of 3 people who gather evidence about a dispute. (Appointed infrequently)
What does a Disputes Inquiry Board do?
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.
Whats the difference between a Disputes Inquiry Board and a Industrial Inquiry Commission?
Disputes board specifically charged with investigating disputes that led to strike/lockout. Recommendations of inquiry board have more formal weiht.
