What is the difference between grievance arbitration and interest arbitration

Flexibility — The procedures can be segmented, streamlined or simplified, according to the circumstances.

Finality — There is in general, no right of appeal in arbitration. Although, the court has limited powers to set aside or remit an award.

Having cited the above list of advantages, it is only appropriate to mention some of the most commonly perceived drawbacks of arbitration.

The fees for an arbitrator can be hefty. The maximum fee can reach ten percent of the claim. However, supporters of arbitration argue that this should be more than compensated for by the potential for the increase in the efficiency of arbitration to reduce the other costs involved. Thus both parties are leave the table feeling that justice was not served. No Appeal — Unless there is evidence of outright corruption or fraud, the award is binding and usually not appealable.

Thus if the arbitrator makes a mistake, or is simply an idiot, the losing party usually has no remedy. Chilling occurs when neither party is willing to compromise during negotiations in anticipation of an arbitrated settlement.

The narcotic effect refers to an increasing dependence of the parties on arbitration, resulting in a loss of ability to negotiate. Common methods of assessing the narcotic effect are: the proportion of units going to arbitration over time and, perhaps more importantly, the number of times an individual unit returns to arbitration over a series of negotiations.

The process of arbitration differs among cases. The following is a list of the main steps in arbitration, however it should not be viewed as an exhaustive list. Initiating the Arbitration — A request by one party for a dispute to be referred to arbitration. Appointment of Arbitrator — Arbitrators may be appointed by one of three ways: 1 Directly by the disputing parties, 2 By existing tribunal members For example, each, each side appoints one arbitrator and then the arbitrators appoint a third , 3 By an external party For example, the court or an individual or institution nominated by the parties.

Preliminary Meeting — It is a good idea to have a meeting between the arbitrator and the parties, along with their legal council, to look over the dispute in question and discuss an appropriate process and timetable. Statement of Claim and Response — The claimant sets out a summary of the matters in dispute and the remedy sought in a statement of claim.

This is needed to inform the respondent of what needs to be answered. It summarizes the alleged facts, but does not include the evidence through which facts are to be proved. The statement of response from the respondent is to admit or deny the claims. There may also be a counterclaim by the respondent, which in turn requires a reply from the claimant. Their purpose is to identify the issues and avoid surprises. Discovery and Inspection — These are legal procedures through which the parties investigate background information.

Each party is required to list all relevant documents, which are in their control. Interchange of Evidence — The written evidence is exchanged and given to the arbitrator for review prior to the hearing. Hearing — The hearing is a meeting in which the arbitrator listens to any oral statements, questioning of witnesses and can ask for clarification of any information. Every collective agreement must set out the process for dealing with grievances, including final and binding settlement by arbitration, without a work stoppage.

The ministry can help through:. Grievance arbitration, also known as rights arbitration, is a final and binding process to resolve disputes about the interpretation, application and administration of a collective agreement during the life of that agreement. The procedure for resolving grievances is generally set out in the collective agreement. Where it is not, section 48 of the Labour Relations Act, incorporates it into the collective agreement.

If the union and employer cannot resolve a grievance on their own, either party may refer the grievance to an arbitrator or a board of arbitration, where applicable. If the union and employer fail to appoint an arbitrator or a board of arbitration, they may request Request a Ministerial appointment of a grievance arbitrator that the Minister of Labour, Training and Skills Development do so. During arbitration, a neutral third-party hear submissions and evidence from the union and the employer on the matter s in dispute and issues a final and binding decision.

Under the Labour Relations Act, , arbitrators must file copies of their decisions commonly known as awards with the Minister of Labour, Training and Skills Development. The minister is required to publish the awards, and may do so on an Ontario Government website or otherwise make them available to the public.

Awards that have been filed with the minister since are available on the Grievance Arbitration Awards Portal. These agreements between the employer and employee are typically held by the courts to be binding on both parties.

Grand Valley State University. Grievance Arbitration Grievance Arbitration is a procedure that is provided in a labor contract between a union and an employer. Interest Arbitration Interest Arbitration is similar to fact finding in that a neutral party listens to both parties and then states, in writing, how to settle the collective bargaining agreement.

Arbitration of Statutory Disputes Arbitration of Statutory Disputes is the resolution of disputes, such as discrimination claims, through arbitration. Page last modified May 11,