FAQ : NS Labour and Workforce Development, Non-Binding Arbitration

FAQ

Take a minute to read about a Nova Scotia success story: Non-binding Arbitration. This approach to dispute settlement can save your organization time and money. The process is fast and easy to use.

What is it?

Non-binding Arbitration is an alternative way to settle labour and management disputes. It is unique in Canada. Rather than going to a traditional arbitration hearing, a Non-binding Arbitration panel will consider an issue and provide a decision. This is an extension of the grievance process. This conflict-resolution model has been helping employers and workers in Nova Scotia since 1994. It is a grassroots initiative put forward by members of the business community under the umbrella of Voluntary Planning, a non-partisan group that advises the provincial government on policy issues.

How to start

Beginning the process is simple. Employer and union forward a joint application along with the grievance and a statement of agreed facts. Two panelists - one from labour and one from management - are selected from a rotation list, and a hearing date is chosen.

How does it work?

The process is fast and easy to use. Representatives of the two sides meet with the Panel to outline the issues. After hearing both sides, the panel returns with a non-binding decision. The entire process takes about two hours. The decision is consistent with the collective agreement and is not considered precedent-setting. Panelists do not try to mediate. Their role is to give an opinion on what the outcome would be if the case went to traditional arbitration. External counsel are not involved in the hearing.

How much does it cost?

The process is inexpensive. Panelists are paid a fee of $200.00 each. The employer representative will pay the labour panelist, and the union will pay the management panelist. Each side pays an additional $125.00 administrative fee to the Labour Services Division of Nova Scotia Labour and Workforce Development.

Why use it?

  • Non-binding Arbitration saves time. Cases are usually heard and settled within four to six weeks of filing the necessary paperwork. By comparison, a formal arbitration case may take several months, even years, to be heard.
  • The process saves money. The total cost of $650.00 compares with traditional arbitration costs that hit thousands upon thousands of dollars.
  • Panelists are respected in their fields, both union and management. They have experience in the grievance process. They are professional.
  • The process is successful. Only a small percentage of clients - union or management - moved their case into traditional arbitration after a Non-binding Arbitration decision.
  • Many cases are settled prior to a panel hearing because the two sides resolve differences after completing a statement of agreed facts.

Alternate dispute resolution models

Non-binding Arbitration is a valuable alternate dispute resolution mechanism. Information on other alternate dispute resolution models is available by contacting Nova Scotia Labour and Workforce Development, Conciliation Services Section of Labour Services Division at 902-424-4156 or by fax at 902-424-0217.

A province wide benefit

Non-binding Arbitration is administered for the Labour Management Forum under the umbrella of Labour Services. Previous it was under the umbrella of Voluntary Planning. Non-binding Arbitration promotes good labour relations within the province. This business-labour initiative has always been endorsed by Nova Scotia Labour and Workforce Development as a proven means of dispute resolution. That's good news for all Nova Scotians.