Labour Tribunals

The Labour Relations Code or Police Officers Collective Bargaining Act describes the processes for strikes and lockouts, and various options for arbitration including:

• Voluntary Interest Arbitration
• Compulsory Arbitration Board
• Disputes Inquiry Board
• Public Emergency Tribunal
• Construction Industry Disputes Resolution Tribunal

Voluntary Interest Arbitration

Parties involved in a dispute may agree in writing to refer their outstanding issues to a Voluntary Arbitration Board.  The Minister is notified of the parties' intent to resolve their differences through binding arbitration.

What is the process?

• The parties appoint members of the Board, but if they fail to do so, they can request the Minister to make the appointments.

• If no settlement is reached after 20 days - or a longer time fixed by the Minister or agreed to by the parties - the Board must make an award dealing with all matters in dispute.

• The award is binding on the parties and is included in the terms of a collective agreement.

The parties involved are responsible for all associated costs.

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Compulsory Arbitration Board

Compulsory arbitration applies to those employers and employees without the right to strike or lockout (e.g. firefighters, police officers and the unionized health care sector in approved hospitals as defined in the Hospitals Act.).

What is the process?

• The Minister or the parties involved may request the appointment of a Compulsory Arbitration Board (CAB).

• The parties appoint members of the CAB, but if they fail to do so, they can request the Minister to make the appointments.

• The CAB determines its own process, including the method of arbitration to be used.

• The CAB must make its award within 20 days after it was established - or a longer time fixed by the Minister or agreed to by the parties.

• The award is binding on the parties and included in the terms of a collective agreement.

The parties involved are responsible for all associated costs.

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Disputes Inquiry Board

A Disputes Inquiry Board (DIB) may be appointed by the Minister and provide an opportunity for parties to further clarify the issues without resorting to a strike or lockout.

If a DIB is established before a strike or lockout begins, neither the union nor the employer can take job action until the Board process is complete.  A DIB does not affect the ability of a party to take strike or lockout action after the process is completed.  If a strike or lockout has already begun, establishing a DIB does not stop these actions.

How does the process work?

• The Minister establishes a DIB for parties that have the right to strike or lockout by issuing a Ministerial Order.

• Parties to the dispute are notified that a DIB has been established.

• The Minister appoints a Board and designates a chair if there is more than one member.

• If the Board is unable to help the parties reach a settlement within 20 days of being established - or a longer time fixed by the Minister or agreed to by the parties - the Board makes recommendations to the Minister and these recommendations are forwarded to each of the parties.

• The parties will have a set amount of time to review the recommendations before they are made public. They have 10 days to notify the Minister of their acceptance of the recommendations.  If both parties accept the recommendations, they are binding.

• If one or both of the parties does not accept the recommendations, the Labour Relations Board conducts a vote of the party (or parties) that did not accept them.

• If the recommendations are rejected again, the parties can continue negotiations to reach a settlement, or give a 72-hour notice to strike or lockout (only if a strike or lockout vote has been conducted).

Government pays the costs associated with a DIB.

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Public Emergency Tribunal (PET)

A Public Emergency Tribunal (PET) is a form of compulsory arbitration.  It is used when a dispute may result in damage to health or property (e.g. disruption of health services,  water plant, etc.) or unreasonable hardship is placed on persons not involved in the dispute.  In order to establish a PET, government must first declare a public emergency.

How does the process work?

• An Order-in-Council (government) declares an emergency and serves as a back-to-work order, prohibiting strikes or lockouts and ending any that are in progress.

• The Minister establishes a Public Emergency Tribunal (PET) through a Ministerial Order.

• Minister establishes a time period during which the parties can meet on their own or with a government appointed mediator to reach a settlement.

• If a settlement cannot be reached on or before the date fixed by the Minister, the dispute is referred to the PET.  The Minister establishes the PET, including the procedures and appointment of members.

• The PET process is initiated and the Minister fixes a deadline by which the PET must issue a binding award.

• The award is binding on the parties and is included in the terms of a collective agreement.

Government pays for all costs associated with a Tribunal.

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Construction Industry Disputes Resolution Tribunal

General construction industry disputes can be referred to a Construction Industry Disputes Tribunal (CIDRT) once 75 per cent of the trade divisions have ratified agreements.  The Minister shall refer the matter to a CIDRT if requested by one or more of the parties that have not entered into collective agreements or at his/her discretion.  All strike and lockout action must end upon the referral.

How does the process work?

• The Minister establishes a CIDRT through a Ministerial Order and appoints one or more persons as its members.  If more than one person is appointed, the Minister may appoint a Chair.

• All affected parties to the dispute are notified that a CIDRT has been established.

• The Tribunal works with each outstanding group to reach a settlement.  There is no fixed deadline for the settlements.

• If no settlements are reached, the CIDRT issues awards which are binding on each of the parties and included in the terms of a collective agreement.

The parties involved are responsible for all associated costs.