Third Party Dispute Resolution

Question 1

What is a grievance (rights) arbitration? Who can initiate it?

Answer 1

Concerns an alleged violation of the CA. Can be initiated by an individual, group, or union (policy)

Question 2

What are the three types of arbitration?

Answer 2

Tripartite is used for complex cases, it is a panel of union rep, managements rep, and headed by arbitrator. Sole arbitration is just the arbitrator. Expedited arbitration is on timeframe by Labour Board, who select an arbitrator.

Question 3

What are some potential problems with arbitration?

Answer 3

Delayed ruling, expensive, arbitrator doesn’t have background knowledge of the firm, increasingly logistic (lawyers).

Question 4

What is interest arbitration and what is it used for?

Answer 4

Used when collective bargaining fails to come to an agreement, even after conciliation. This avoids stirkes or lockouts.

Question 5

What are the two types of interest arbitration?

Answer 5

Conventional: Both sides present their position and the arbitrator either picks one or makes a new one in the middle.
Final Offer: Both sides present their position and the arbitrator picks one.

Question 6

What is conciliation?

Answer 6

A conciliator or mediator assist the parties in reaching a settlement in collective bargaining.