Dispute Resolution with A Difference

NOTE TO EDITORS: The following feature article profiles Non-Binding Arbitration, a new way to settle workplace grievances. Voluntary Planning will officially introduce the process at a presentation Tuesday, Sept. 14, at CKF Inc., 48 Prince St., Hantsport.

A Nova Scotia mill employee was upset at being passed over for overtime work. He asked his union to lodge a grievance.

A manufacturer tried to bring in a new shift for its plant workers and found itself facing a union grievance.

These workplace disputes are not unusual. What is uncommon is the route the union and company used to resolve the differences.

In each case, both sides wanted to settle the issues without going to costly arbitration hearings. In each case, they turned to Non-binding Arbitration, an alternative dispute resolution process.

"Non-binding Arbitration is a simpler, easier and cheaper method of resolving internal disputes," said Larry Wark, a director with the Canadian Auto Workers and 25-year veteran of the labour movement. "It is one inexpensive step that will get you satisfactory results 99 per cent of the time."

Under Non-binding Arbitration, a two-person panel hears arguments from union and management and interprets the collective agreement. Panel members offer a prediction of the likely outcome if the parties take their case to traditional arbitration.

As the name suggests, the decision is non-binding. Most hearings are conducted in the workplace and -- from presentation to decision - take about two hours. Each side pays $250 to have the case heard. The panel contains one union and one management representative, both experienced in labour relations. Neither panelist has direct links to the company or union involved in the dispute.

"We work hard at explaining the decisions we come to. We're not there in an advocate position," said panelist Barney Dobbin, a director with the Communications, Energy and Paperworkers Union.

Buddy Lawrence, vice-president of human resources with CKF Inc. and Minas Basin Pulp and Power Co. Ltd., agrees. "I find that the informal decision-making between union and management panelists leads to more open and free-flowing discussion, and as neutral parties, this takes any animosity out of the process."

Non-binding Arbitration is the brainchild of labour and management leaders who donate their time to Voluntary Planning, a non-partisan government agency in existence for more than 35 years. These individuals initiated the grievance-handling process as a pilot project in 1994. It was designed to help small bargaining units and employers struggling with long delays and high costs at labour hearings.

The process has been popular among unions and management with nearly 100 hearings taking place to date. Only a few of these cases have proceeded to traditional binding arbitration.

The Department of Labour recognizes the format as an effective alternate dispute resolution model.

In the case of the mill worker, the panel ruled in his favour and the company accepted it. He was given his overtime shifts and the matter was settled.

In the case of the manufacturer, the panel ruled in favour of the company, a non-binding decision accepted by the local union.