Requests for Board or Third Party Assistance

Conciliators and Grievance Mediators are independent specialists who help resolve workplace conflicts without formal litigation. Conciliators focus on guiding bargaining agents (unions) and employers during the collective bargaining process, while mediators specialize in addressing disputes and grievances that emerge after collective agreements are in place.

A bargaining agent or an employer can apply to the Manitoba Labour Board (the “Board”) for assistance in reaching a collective agreement. A Conciliator is a neutral person who helps parties reach agreement by improving communication The Labour Relations Act (the “Act”) requires the Board to appoint a conciliator to meet with the parties to assist in collective bargaining when certain conditions are met.

Who Can Request a Conciliator

The appointment of a conciliator may be initiated in two ways under the Act:

1. the Minister of Labour may request the Board appoint a conciliator, if satisfied that doing so is in the public interest, or
2. either party or both parties to collective bargaining (the employer or union) may request the Board appoint a conciliator when:
   • notice to commence collective bargaining has been given under the Act
   • collective bargaining has not commenced within the time prescribed by the Act or collective bargaining has commenced but negotiations have broken down

Application Process for Requesting a Conciliator

To request the appointment of a conciliator, the applicant must file with the Board:

• a completed Form A - Memorandum of General Information Required on all Proceedings
• a letter or email that explains that notice to bargain has been given and that bargaining has either begun, or the time for it to have begun has passed and the difficulties that have been encountered in the bargaining process

The Board will review the application to ensure it meets all statutory requirements before proceeding with the appointment process.

The Board's Role in Conciliator Appointments

The Board:

1. Maintains a list of qualified conciliators created in consultation with employer and employee representatives.
2. Reviews requests for conciliator appointments to ensure statutory requirements are met.
3. Selects and appoints appropriate conciliators from its established list.

Once appointed, the conciliator functions independently of the Board to assist the parties in reaching an agreement.

Who Pays for a Conciliator?

There is no fee to request the appointment of a conciliator, however each party is responsible for half the costs and expenses of the conciliator.

Is Participation in Conciliation Mandatory?

Parties are not required to request a conciliator, however once a conciliator has been appointed each party to collective bargaining, or their representatives, must

• meet and confer with the conciliator and the other party at times and places designated by the conciliator
• make known to the conciliator terms and conditions which are acceptable to the party as provisions of a collective agreement

Failure to comply with these requirements constitutes an unfair labour practice under subsection 28(1) of the Act.

Special Provisions for First or Subsequent Collective Agreements

There are specific situations where the appointment of a conciliator, or the agreement of the parties to work with some other person as a conciliator, is required.

Before a party can apply to the Board for the settlement of a first collective agreement, the parties must either agree to meet with a conciliator or request the Board appoint one. The same applies to a subsequent agreement where there has been a strike or lockout of at least 60 days.

A bargaining agent and an employer can apply to the Manitoba Labour Board (the “Board”) to appoint a grievance mediator to assist parties in resolving disputes arising from collective agreements.

The appointment of a grievance mediator represents an important alternative dispute resolution option in the grievance process. Grievance mediation is a voluntary, confidential and informal process, intended to assist parties to resolve disputes before they refer the grievance to an arbitrator.

Who Can Request a Grievance Mediator

A grievance mediator can only be appointed in specific circumstances:

1. On the joint application of the parties to a collective agreement when a difference (dispute) exists concerning its meaning, application, or alleged violation (under section 129 of the Act); or
2. During the expedited arbitration process, if both parties agree and the Board considers it appropriate (under clause 130(5)(c) of the Act)

Application Process for Requesting a Grievance Mediator

To request the appointment of a grievance mediator, the following steps must be followed:

1. Both parties must agree to participate in grievance mediation.
2. The parties must jointly apply to the Manitoba Labour Board.
3. The request, filed by letter or email, must outline the nature of the difference (dispute) concerning the meaning, application, or alleged violation of the collective agreement. The request must be accompanied by a properly completed Form A.

A Grievance Mediator may also be requested when a party is filing for expedited arbitration but will only be referred by the Board if both parties agree to participate in grievance mediation.

The Board's Role in Grievance Mediator Appointments

The Board:

• maintains a list of qualified grievance mediators created in consultation with employer and employee representatives
• reviews joint applications for grievance mediator appointments to ensure requirements are met
• selects and appoints appropriate grievance mediators from its established list

Once appointed, the grievance mediator functions independently of the Board to help the parties resolve their dispute.

Who Pays for a Grievance Mediator?

There is no fee to request the appointment of a grievance mediator. However, once appointed, each party is responsible for half the costs and expenses of the mediation.

Every collective agreement must include a final and binding process for resolving disputes. This process is generally found in the Grievance and Arbitration provisions of the collective agreement and often involves several steps for unions and employers to attempt to settle the dispute. These steps are collectively known as the “grievance procedure”. At each step, the parties work toward settling the grievance. If these internal steps do not resolve the grievance, the collective agreement provides that it may be referred to grievance arbitration. When arbitration is pursued, the case is heard either by a single neutral arbitrator, or by a three-person panel including one member selected by the employer, one by the union, and a neutral chairperson. The arbitrator or arbitration board will review the evidence and make a decision on how the grievance will be resolved.

If the parties cannot agree upon a single arbitrator, or if the members of an arbitration panel cannot agree on a chairperson, either party may request the Board to appoint an arbitrator. The Board may also appoint a representative member if the collective agreement requires a panel and one party refuses to make an appointment. When the Board receives this type of request, the Board will notify all parties that it intends to make the appointment within a short timeframe unless the parties reach agreement on their own.

Once the Board makes the requested appointment, its involvement in the matter ends. From that point forward, the arbitrator or panel is responsible for organizing and conducting the hearing and issuing a decision. The arbitrator's decision is legally binding on both the union and the employer, and each party is responsible for paying one-half of the arbitration costs.

Even after an arbitrator or panel is selected, the parties may continue efforts to settle the dispute. If both sides agree, a grievance mediator can be appointed to assist in these discussions.

The Board maintains a list of qualified arbitrators through consultation with designated representatives from both the employer and employee communities. Any arbitrator with a conflict of interest will not be considered for appointment. The Board will select an arbitrator from the remaining names on this list.

To request the appointment of an arbitrator, the applicant must file with the Board:

• a completed Form A - Memorandum of General Information Required on all Proceedings
• a letter or email making the request and advising which statutory or collective agreement provisions authorize the request

Before proceeding with the appointment process, the Board will review the application to ensure it meets all statutory requirements.