Arbitration Appointments

Arbitration is a process that involves a professional arbitrator who resolves certain types of disputes governed by the Canada Labour Code, such as grievances, unjust dismissals and wage recovery, and by the Wage Earner Protection Program Act. The arbitrator examines both sides of the dispute and renders a binding decision.

The Federal Mediation and Conciliation Service (FMCS) coordinates the appointment of arbitrators.

Arbitrators are appointed to resolve grievance disputes between unions and employers. All collective agreements governed by Part I (Industrial Relations) of the Canada Labour Code must contain a provision for the final settlement, without work stoppage, of any differences which relate to the interpretation, application, administration or alleged violation of the agreement. This usually involves referral of the grievance to arbitration. If parties are unable to agree on the choice of an arbitrator or the chairperson of an arbitration board, the Minister of Labour may be asked to make the appointment. In such cases, the parties remain responsible for payment of the arbitrator's fees and expenses. To request the appointment of an arbitrator, employers or unions may do so by completing the form "Request for the appointment of an arbitrator" and submitting it to the Federal Mediation and Conciliation Service by:

Mail:

165 Hotel-de-Ville Street
Place du Portage, Phase II, 7th Floor
Gatineau, Quebec
K1A 0J2

or

Email:

Required documentation to be included with the Request is mentioned on the form. A complete copy of the request should be retained for your records and future reference.

For more information, you may contact the Federal Mediation and Conciliation Services of the Labour Program through their FMCS-On-line contact form.

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