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Name of presenters: Christopher Albertyn , Harold Caley , Brian O’Byrne and Alix Herber

SASLAW SEMINAR March 7, 2013. Name of presenters: Christopher Albertyn , Harold Caley , Brian O’Byrne and Alix Herber Title of Presentation : Interest Arbitration in Canada. LEGITIMACY OF THE PROCESS. Impartial Fair Transparent Confidence in board of arbitration.

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Name of presenters: Christopher Albertyn , Harold Caley , Brian O’Byrne and Alix Herber

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  1. SASLAW SEMINAR March 7, 2013 Name of presenters: Christopher Albertyn, Harold Caley, Brian O’Byrne and AlixHerber Title of Presentation: Interest Arbitration in Canada

  2. LEGITIMACY OF THE PROCESS • Impartial • Fair • Transparent • Confidence in board of arbitration March 7, 2013

  3. CANADIAN LABOUR LAW CONTEXT • Federal • Provincial • Whole sectors under arbitration - police, fire fighters, health care, public transit • Private sector - construction, professionals March 7, 2013

  4. PARTIES DETERMINE THE TERMS OF REFERENCE • Single arbitrator or arbitration board? • Role of employer/union nominees • How to select arbitrator/chair March 7, 2013

  5. CRITERIA AND PROCEDURE • What criteria will be used in arbitration • Statutory • Arbitral jurisprudence • - replication • - comparability • - demonstrated need • What procedure will be used – written briefs and oral presentation • What powers will arbitrator/board have – procedural and substantive March 7, 2013

  6. ONCE THE ARBITRATOR/BOARD IS SELECTED • Normally, one day hearing date is established • Parties prepare written briefs – do they exchange before hearing? reply briefs? • Briefs normally exhaustive review of application of criteria • Send briefs to arbitrator/board in advance? • Short mediation effort at commencement of hearing? • Go directly to hearing? • Normally highlight brief at hearing and leave to arbitrator/board to read • Arbitrator/board reserves the right to hear evidence on any key fact in dispute March 7, 2013

  7. POST HEARING • Chair normally meets with nominees to review issues and nominees advance issues of parties that are most compelling • Chair drafts Award and again nominees may meet to discuss or offer suggestions in writing to Chair • Award finalized March 7, 2013

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