Overview

The Labour Relations Act, 1995 authorizes the Minister of Labour, Immigration, Training and Skills Development to establish a list of approved grievance arbitrators. As part of that process, the Labour Management Advisory Committee advises the minister on the qualifications required for inclusion on the list of grievance arbitrators, and which applicants may meet those criteria.

The following criteria will normally be considered when recommending changes – additions and deletions – to the list of grievance arbitrators. These criteria are based on the common factors that unions and employers rely on in making consensual appointments of grievance arbitrators, and the parties’ expectation that the arbitration process will be fair, equitable and expeditious.

Criteria to be added to the list of grievance arbitrators

The Labour-Management Advisory Committee’s recommendations will normally be based on the candidate demonstrating competency in all the following criteria and successfully completing an interview with the committee.

Note: The committee may take into account such other factors that it considers relevant in determining whether a candidate is likely to be mutually acceptable to the parties as an arbitrator.

Recent extensive practical experience in labour adjudication (within the last 5 years)

This may be satisfied by one or more of the following:

  • chairing boards of labour arbitration
  • acting as a nominee for either party
  • presentations before a board of arbitration

Extensive practical experience for a minimum of 10 years in a collective bargaining environment

This may be satisfied by:

  • experience as a labour relations practitioner
  • mediation experience in the labour relations field

Knowledge, training and experience

This may include:

  • labour relations
  • labour law
  • pensions and insurance issues
  • industrial engineering
  • job evaluation
  • equity issues – including legislation related to human rights, pay equity and employment equity
  • workplace safety and insurance issues
  • health and safety
  • other relevant specialized knowledge or experience

Required skills and abilities

This must include the skill and ability to:

  • analyze issues, facts and evidence
  • communicate (both verbal and written skills)
  • write decisions in a clear and effective manner
  • conduct a hearing
  • establish rapport with diverse participants

Personal suitability

For example as demonstrated by:

  • sound judgement
  • objectivity

Lack of bias or conflict of interest

Ability and commitment to meet the following requirements:

  • severing any continuing partisan relationship (for example, with a business partner, associate, employer or client)
  • not holding a full-time position with the OLRB (Agency/Board/Commission)
  • disclosure by the applicant of any situation which constitutes a perceived conflict of interest

Availability

This includes:

  • accepting appointments in the province of Ontario, when offered
  • ensuring the prompt commencement of all hearings as well as timely completions
  • issuing arbitration awards in a timely manner

Demonstrated acceptability to the labour relations community as a professional neutral

This includes:

  • receipt of at least 5 consensual appointments to act as a labour relations arbitrator under the Ontario Labour Relations Act, 1995 (“LRA”), counting a maximum of 4 appointments under any single collective agreement and a maximum of 2 appointments under section 50 of the LRA (evidence of consensual appointments must be in written format; oral appointments will not be accepted)
  • copies of written labour relations decisions/awards resulting from consensual appointments under the LRA to act as a labour relations arbitrator

Criteria to remain on the list of grievance arbitrators

First review: The Labour-Management Advisory Committee will first review the status of an Arbitrator appointed to the List of Grievance Arbitrators 4 years from the date of appointment. This review will be based on the last 3 years of the 4 year period.

Subsequent reviews: After the first review, an arbitrator’s status on the list will subsequently be reviewed every 3 years.

In order for the committee to recommend to the Minister of Labour, Immigration, Training and Skills Development that an arbitrator remain on the list for a further 3 year period, an arbitrator must meet the following criteria.

Consensual appointments

  1. Demonstrate to the committee at the time of the review that the arbitrator has received 15 consensual appointments to act as an Arbitrator in the preceding  3-year period. 
    • Evidence of all consensual appointments must be in written form; oral invitations will not be accepted as evidence of consensual appointments.
    • Mutual agreement by parties to list an arbitrator in a collective agreement within a Canadian jurisdiction shall count as 1 consensual appointment. 
    • A maximum of 4 arbitration appointments under any single collective agreement will be accepted.
    • Order-in-Council (O.I.C.) appointments will not be counted as consensual appointments.
  2. Ten of the required 15 consensual appointments must be consensual rights-arbitration appointments to act as an Arbitrator under the Ontario Labour Relations Act, 1995.
  3. Up to 5 consensual appointments not under the Ontario Labour Relations Act, 1995 may consist of the following:
    • rights arbitration appointments under the Colleges Collective Bargaining Act, 2008 (excluding appointments as a Workload Resolution Arbitrator)
    • rights arbitration appointments under the Fire Protection and Prevention Act
    • rights arbitration appointments as a Grievance Settlement Board arbitrator
    • rights arbitration appointments under the Police Services Act
    • rights arbitration appointments under the Federal Jurisdiction in a unionized relationship
    • rights arbitration appointments in a unionized relationship in other Canadian provinces
    • interest arbitration appointments in Ontario to resolve a collective agreement

Other factors related to acceptability

In all cases, the Committee may consider such other factors as it finds relevant in determining the arbitrator’s mutual acceptability to employers and unions, and whether the arbitrator ought to remain on the List.

Impartiality

All arbitrators are required to remain impartial. Partisan relationships and conflicts of interest must be declared in accordance with the requirements set out in the criteria for removal from the list.

Breaks in activity

  1. Any break in activity in excess of 3 months by an arbitrator must be requested and approved by the committee, in order for the arbitrator’s review period to be adjusted.  Breaks in activity of less than 3 months will not affect an arbitrator’s review period.  Requests for approval of a break in activity or leave of absence from the list of grievance arbitrators must be made in writing and should be made prior to the leave, wherever possible. All such requests must include specific details or reasons for the break in activity in order for the committee to consider it relevant.
  2. Approvals for a break in activity may be granted because of an education-related sabbatical, maternity leave, health or illness considerations, or any other reason which the committee considers relevant. A break in activity for vacation purposes may not be considered a valid basis for adjusting an arbitrator’s review period.
  3. Where the arbitrator has had an approved break in activity, he or she must at the time of review, provide evidence of 15 consensual appointments (as stipulated in the criteria to be added to the list), during the 3-year period composed of the time before and after the approved break.

Reinstatement

Where an arbitrator has been removed from the list because of failure to obtain 15 consensual appointments in a 3-year review period, the arbitrator may subsequently re-apply for reinstatement by demonstrating receipt of 15 consensual appointments, in the 3 year period ending with the date of re-application.

Following established practice

Arbitrators must follow those practices established by the Minister of Labour, Immigration, Training and Skills Development.

Criteria for removal from the list of grievance arbitrators

The Labour-Management Advisory Committee may recommend that the Minister of Labour, Immigration, Training and Skills Development remove an individual from the list for any of the following reasons:

Dereliction of responsibility

Dereliction of an arbitrator’s responsibility, such as repeated late awards, failure to appear at hearings, etc.

Partisan relationships

All arbitrators are required to remain impartial. Arbitrators may be removed for:

  • formation of a partisan relationship which would make it inappropriate for the Minister of Labour, Immigration, Training and Skills Development to appoint an arbitrator
  • failure to report the details of a partisan relationship to the Minister of Labour, Immigration, Training and Skills Development, where it would be inappropriate for the minister to appoint that individual to a particular case

Conflict of interest

Conflicts of interest include:

  • failure to report a known conflict of interest to the Minister of Labour, Immigration, Training and Skills Development which would make it inappropriate to appoint that individual to a specific case
  • failure to disclose to the parties concerned in a particular dispute a conflict of interest

Other relevant considerations

The committee may recommend to the Minister of Labour, Immigration, Training and Skills Development that an arbitrator be removed from the list for any other reason it considers relevant.