Arbitrations

Part of the statutory arrangement in the collective agreement regime is that in return for the unions agreeing not to strike during the term of a collective agreement, the employer must agree that all disputes about the interpretation and application of the agreement proceed to arbitration. The costs are shared for the arbitrator. Thus, any issues respecting the interpretation, application or alleged violation of the agreement must be able to proceed to arbitration for final and binding adjudication. There is no appeal, only a judicial review available for egregious errors of law or complete misinterpretations of fact. Rarely, are courts prepared to throw over the decision of an arbitrator. They are inclined to respect the expert nature of the arbitrator's skill. 

We can prepare for and present any arbitration case. More and more, the parties may agree to a mediation day in advance of formal arbitration. We prepare and participate in that process too usually with great success. Many cases these days scheduled for arbitration settle through skillful mediation.

Also, more and more employers with long arbitration dockets are turning to speedy arbitration protocols. These rely upon more written materials so that less time is necessary before the adjudicator. We are skilled in drafting these arbitration protocols. We are very efficient at preparing the necessary litigation materials and in prosecuting the cases. Selecting the right arbitrator is also important. We are aware of the most experienced choices. 

The predominant arbitrations are about discipline and termination. The difficulty in the system which promotes litigation is the right of the arbitrator to alter the penalty. Often, unions will proceed with cases where discipline is justified in an attempt to secure a reduced penalty, Assessing the likelihood of this and advising how to turn this prospect to advantage is a n ability we have, We can help employers select the cases to proceed and the cases to settle. We also believe we help cut good deals.