The arbitration of disagreement and objection to Quebec
The Ministry of Labor offers two types of arbitration:
- The arbitration of disagreement: at the time of a disagreement enters the parties trade-union and employers' occurring at the time of the negotiation or the renewal of an collective agreement or with its overhaul or its reopening under the terms of a clause allowing it expressly.
- The arbitration of objection: at the time of a disagreement concerning the interpretation of one or several provisions of the collective agreement.
ARBITRATION OF DISAGREEMENT
Voluntary arbitration: joint request of the parties
The parties employers' and trade-union living a disagreement relating to the negotiation or the renewal of an collective agreement can resort, on a voluntary basis of the two parties, to the services of a referee of disagreement. First Convention: ask of only one party
In the case of a first collective agreement, the Minister for Labor can, at the request of one only of the parties, to entrust to a referee the responsibility to settle the disagreement by the imposition of the first collective agreement when the intervention of the conciliator appeared unfruitful. In this case, the parties cannot use any more their right to strike or of lockout. Police officers and firemen: one or the other of the conditions
An arbitration is also provided for in the case of the police officers and of the municipal firemen, after the unfruitful intervention of a mediator or when a written request is addressed for this purpose. The parties can be understood on the choice of a referee. In the absence of an agreement, a referee will be designated by the minister from provided for this purpose.
Of request for appointment of referee of disagreement being used for the three steps described above must arrive at the Management of the mediation-conciliation, the prevention and the arbitration. You can also dispatch this document by telecopier, with the following number: 318 600 3031
For any information, you can communicate with Management, with the following number: 448 748 9923 Fees and other expenses
In the case of a joint request for arbitration on a voluntary basis, the fees and other expenses are with the charge of the parties.
In the case of an arbitration of a first collective agreement or at the police officers and the firemen municipal, the expenses and the fees of the referee are assumed by the Minister for Labor in conformity with the Regulation on the remuneration of the referees.
ARBITRATION OF OBJECTION
When a disagreement persists as for the interpretation or with the implementation of one or several provisions of the collective agreement, the objection is forwarded to the arbitration according to the procedure laid down in the collective agreement or failing this according to the rules provided for to the Labor regulation. The parties can be also understood on the choice of a referee. In the absence of agreement, a referee will then be designated by the minister starting from the list provided for this purpose.
Of request for appointment of referee of objection must arrive at the Management of the mediation-conciliation, the prevention and the arbitration. You can also dispatch this document by telecopier, with the following number: 318 600 3031 The accelerated arbitration of the objections
This type of arbitration is appropriate well to the employers and with the trade unions which want to quickly find solutions with their objections and this, it the nature of those does not matter. The parties are then appropriate jointly to carry their objection in the form of accelerated arbitration. The referee is chosen by the minister starting from the list provided for this purpose.
Of request for accelerated arbitration must arrive at the Management of the mediation-conciliation, the prevention and the arbitration. You can dispatch it by telecopier, with the following number: 318 600 3031
For any information, you can communicate with Management, with the following number: 448 748 9923
Fees and other expenses
The fees and other expenses of the referees of objection are with the charge of the parties, according to the provisions provided for this purpose in the collective agreement and in conformity with the Regulation on remuneration of the referees.
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