Arbitration Process

Arbitration/Grievance Summary - 2024/2025 (updated May 20, 2025)

Arbitration/Grievance List - 2024/2025 (updated May 20, 2025)

Article 13 – Arbitration – How it Works

When a grievance can’t be resolved through the grievance process, either the Union or the Employer may move to arbitration - a formal process where a neutral third party (Arbitrator) hears both sides and makes a final, binding decision.

Step 1 → Notice to Proceed

If the issue remains unresolved after Step 2:

  • The grieving Party (Union or Employer) has twenty (20) business days after receiving or being due the Step 2 response to notify the other Party in writing that they intend to proceed to arbitration.
  • This notice officially begins the arbitration process.

Step 2 → Choosing an Arbitrator

  1. The Party sending the notice will list three (3) proposed Arbitrators.
  2. The responding Party has ten (10) business days to:
  • Agree to one of the proposed Arbitrators, or
  • Suggest three (3) alternate Arbitrators of their own.
  1. If no agreement is reached within thirty (30 days), either Party can:
  • Request that the Minister of Labour appoint a sole Arbitrator under Ontario’s Labour Relations Act, 1995, or
  • Continue working together to agree on one.

Step 3 → The Hearing

  • Arbitration hearings are held before a single Arbitrator.
  • Both Parties share the Arbitrator’s fees equally.
  • Each Party covers their own witnesses, subpoena, and case preparation costs.
  • The Grievor and Union Representative will be paid their regular hourly rate for any work time lost attending the hearing (the Union provides advance notice to Employee/Labour Relations).

Step 4 → The Arbitrator’s Decision

  • The Arbitrator has full authority under Ontario’s Labour Relations Act, 1995 to hear and decide the grievance.
  • The decision is final and binding for both Parties and any affected member(s).
  • The Arbitrator, however, cannot change, add to, or remove any part of the Collective Agreement.

Step 5 → Clarification or Review

If either Party disagrees on the meaning or intent of the Arbitrator’s decision:

  • They may ask the Arbitrator to clarify the decision.
  • Either Party also has the right to seek judicial review through the courts if necessary.

Other Key Details

  • Time Limits: Any deadlines in this Article can be extended by the Parties by mutual written agreement.
  • Legal Rights: The Union or the Employer may also choose to use Section 49 (Expedited Arbitration) of the Ontario Labour Relations Act, 1995.

In Summary

Arbitration is the final stage of the grievance process - ensuring a fair, impartial resolution when the Member, Union, and Employer can’t reach an agreement through discussion.