In this session, seasoned experts will address key issues in interest arbitration, examining trends in recent arbitration awards. Panelists will address questions including:
– When is government imposition of interest arbitration a violation of the Charter of Rights and when is it a requirement?
– In what circumstances is essential services legislation compliant with the Charter and in what circumstances is it not?
– How far can governments go in limiting selection of arbitrators and their arbitral discretion?
– What are the pros and cons of med-arb, arb-med, and tripartite arbitration?
– What do recent cases suggest about how arbitrators will apply the principles of replication, demonstrated need, and total compensation?
– In recent awards, how have concerns such as inflation, the employer’s ability to pay, and recruitment and retention issues impacted the determination of wage adjustments?
– How have arbitrators dealt with substantive issues such as staffing? Contracting out? Health and safety concerns? Procedural issues such as late demands and interim orders? Evidentiary issues such as admissibility of proposals and packages exchanged during negotiations?
– In what circumstances will the Labour Relations Board order first contract arbitration? How does legislation affect the threshold for intervention? Are the criteria applied by arbitrators in first contract arbitration different from those applied in arbitrating contract renewal disputes?