Arbitration in Canada

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Arbitration in Canada

Arbitration in Canada
Introduction
Grievance arbitration can be defined as a process deployed to settle disagreements between a union and the employer in instances when a collective agreement is being implemented. The role of the arbitrator is to make a binding ruling in case the disputes cannot be resolved. It is important to note that only grievances that cannot be decided upon by the internal grievance procedures require an arbitrator (McQuarrie, 2011). It is important to note that the arbitrator’s decision is final and parties in dispute have to accept it conclusively. Appeal to the decision of the arbitrator can be granted based on unfair hearing for the involved parties or if there is some inconsistencies in the decision with the principles of the code. Arbitrators usually called in case the parties in dispute have failed to agree, the board can appoint the arbitrators, who are non-partisan and has to receive hearings from both parties and implement a decision (McQuarrie, 2011).
A guiding principal of arbitration is fairness and impartiality to the disputing parties. In order to achieve this, arbitrators are supposed to give each of the parties an opportunity to present their grievances and to deal precisely with the case of the opponents. In addition, arbitrators usually implement procedures that are deemed suitable to the circumstances of the specific presented case. This serves to offer a fair ground for reaching a long-lasting decision. In order to reach at a fair decision, the arbitrators have to inquire about the status quo, what happens when either of the parties does not consent to the proffer of arbitration and what happens if there is no collective agreement after the cooling off period (McQuarrie, 2011)
In Canada, the processes that result to arbitration decisions are the occurrence of grievances, which are an outcome of the discharge of an employee by his respective employer or in cases whereby the collective agreement is misinterpreted (McQuarrie, 2011). In Canada, grievance arbitration can be of two forms, namely interest arbitration and Rights Arbitration. Interest arbitration usually entails disputes relating to the setting up of the terms and conditions regarding a collective bargaining agreement. Rights arbitration on the other hand entails differences relating to the interpretation of the collective agreement that has already been established, As a result, the process of grievance arbitration has the prime objective of resolving the differences that may arise because of the differences during implementation and interpretation of the collective agreement.

Reference
McQuarrie, F. (2011). Industrial Relations in Canada. Ontario: John Wiley & Sons Canada, Limited.

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