Arbitration

Arbitration

What is arbitration?

Arbitration is the settlement of a grievance between the Association and the University with an unbiased third party, usually a professional mediator-arbitrator.

Is arbitration always necessary?

Not all grievances lead to arbitration. A grievance may be settled without the need for an arbitrator.

At what point does a grievance go to arbitration?

Following the filing of a grievance, there is a mandatory waiting period before a grievance may be referred to arbitration. During this waiting period, there is an opportunity for the Association and the University to explore negotiating a settlement.

If the Association and the University have not reached a settlement when the waiting period has expired, then the formal arbitration process will proceed. Our Advising and Dispute Resolution Committee makes the decision whether or not to proceed to arbitration.

There are two types of arbitration to consider:

  • Regular Arbitration
  • Expedited Arbitration

Regular Arbitration

This is an adjudicative process led by a neutral third party (the Arbitrator). The Arbitrator will hear evidence and arguments from the Association and the University before rendering a binding decision based on the facts applicable to law. Both parties have a say in the selection of the arbitrator. If they cannot agree on an arbitrator, they will follow the procedure in 59.19 of the Collective Agreement.

Expedited Arbitration

This is faster than a regular arbitration. There are two types of Expedited Arbitration.

  1. Expedited Mediation-Arbitration – Both parties have an opportunity for a facilitated conversation with an unbiased third party (the arbitrator). If they cannot reach an agreement by a set date, the arbitrator will make a decision.
  2. Legislative Expedited Arbitration – This is similar to a normal arbitration except with a shorter timeline issued by the government in order to reach an agreement.

For more information on arbitration, please see our Membership Services Office FAQs.