New Dispute-resolution Options Proposed

The province introduced legislation today, Sept. 21, that will provide employers and employees with a way to resolve disputes, that could prove faster and more efficient.

The proposed changes to the Trade Union Act would also bar mediators and mediators-arbitrators from being called to testify before a court or tribunal.

"We are introducing amendments to the Trade Union Act to new dispute-resolution processes, and to protect the impartiality and confidentiality of the services provided by third-party mediators and mediator-arbitrators," said Labour and Workforce Development Minister Marilyn More.

The first of three amendments would introduce mediation-arbitration for grievances about the interpretation, application or an alleged violation of a collective agreement.

If both parties agree to the voluntary process, a mediator-arbitrator would attempt to help them resolve their dispute through mediation. If the parties reached an impasse, the mediator-arbitrator would impose a binding solution on both parties.

The cost of the mediation-arbitration would be shared by both parties. There would be no cost to government.

A second amendment would prohibit courts and tribunals from calling mediators and mediator-arbitrators as witnesses.

Parties to a dispute often share confidential and sensitive information with a mediator or mediator-arbitrator, to help them resolve the dispute. That information is not intended for a wider audience, usually not even the other parties in the dispute.

Currently, department officials cannot be subpoenaed to provide information they receive in the course of their duties. Mediators and mediator-arbitrators are not department staff. The amendment extends the protection provided to staff to the appointed mediators and mediator-arbitrators.

Ontario and British Columbia both provide mediation/arbitration and protect minister-appointed mediators and arbitrators from being called to testify before a court or tribunal.

A third amendment in the bill would correct a typographical error in the act.