Overview

A grievance is a written complaint alleging that a collective agreement has been violated. Every collective agreement must set out the process for dealing with grievances, including final and binding settlement by arbitration, without a work stoppage.

The union and the employer may try to resolve grievances that arise during the life of a collective agreement on their own without the help of a third party or by retaining a private mediator/arbitrator. If the union and employer are unable to resolve the grievance on their own, they may retain a mediator/arbitrator or they can contact the Ministry of Labour, Immigration, Training and Skills Development for assistance. The ministry can help through:

Grievance arbitration

Grievance arbitration, also known as rights arbitration, is a final and binding process to resolve disputes about the interpretation, application and administration of a collective agreement during the life of that agreement. The procedure for resolving grievances is generally set out in the collective agreement. Where it is not, section 48 of the Labour Relations Act, 1995 incorporates it into the collective agreement.

If the union and employer cannot resolve a grievance on their own, either party may refer the grievance to an arbitrator or a board of arbitration, where applicable. If the union and employer fail to appoint an arbitrator or a board of arbitration, they may request Request a Ministerial appointment of a grievance arbitrator that the Minister of Labour, Immigration, Training and Skills Development do so.

During arbitration, a neutral third-party hear submissions and evidence from the union and the employer on the matter(s) in dispute and issues a final and binding decision.

Grievance arbitration awards

Under the Labour Relations Act, 1995, arbitrators must file copies of their decisions (commonly known as awards) with the Minister of Labour, Immigration, Training and Skills Development. The minister is required to publish the awards, and may do so on an Ontario Government website or otherwise make them available to the public.

Awards that have been filed with the minister since 2014 are available on the Grievance Arbitration Awards Portal.

Arbitrators can submit their grievance arbitration awards to the ministry by email at MOL.Arbitration@ontario.ca.

Request the appointment of a grievance arbitrator

If the union and the employer cannot resolve a grievance on their own, either of them may refer the grievance to an arbitrator or a board of arbitration, where applicable.

If they fail to appoint an arbitrator or a board of arbitration to decide the grievance, they may request that the Minister of Labour, Immigration, Training and Skills Development make an appointment.

Types of appointments

Under the Labour Relations Act, 1995

If the parties’ collective bargaining is governed by the Labour Relations Act, 1995 (LRA), the union or employer can ask the minister to appoint a single arbitrator or any member of a board of arbitration for:

  • an appointment under section 48 of the Labour Relations Act, 1995 Request for Appointment of Arbitrator/Chair/Nominee Under Section 48, which the parties may request if they fail to make an appointment of an arbitrator or a member of a board of arbitration under their collective agreement’s grievance arbitration procedure. The minister may make the appointment(s)
  • an appointment of a single arbitrator in an expedited arbitration process under section 49 of the Labour Relations Act, 1995 Request for Appointment of Single Arbitrator Under Section 49 (Expedited Arbitration), which replaces the collective agreement’s grievance arbitration procedure for that grievance. The minister must make the appointment if the statutory conditions are met. The appointed arbitrator will begin to hear the grievance within 21 days after receipt of the request by the minister

Under the Fire Protection and Prevention Act, 1997

If the parties’ collective bargaining is governed by the Fire Protection and Prevention Act, 1997 (FPPA), the association or employer can ask the minister to appoint a single arbitrator only. They can request:

  • an appointment under section 53 of the Fire Protection and Prevention Act, 1997 and subsection 2(2) of Ontario Regulation 407/97 Request for Appointment of Single Arbitrator Under Section 53 e-Request if the association or employer fail to make such an appointment under their collective agreement’s grievance arbitration procedure. The minister may make the appointment.
  • an appointment of a single arbitrator in an expedited arbitration process under section 53.0.1 of the act Request for Appointment of Single Arbitrator Under Section 53.0.1 (Expedited Arbitration) e-Request, which replaces the collective agreement’s grievance arbitration procedure for that grievance. The minister must make the appointment if the statutory conditions are met. The appointed arbitrator will begin to hear the grievance within 21 days after receipt of the request by the Minister.

How to request the appointment of a grievance arbitrator

  1. Fill out the application form

    Labour Relations Act, 1995

    Fire Protection and Prevention Act, 1997

  1. Include your supporting documents

    Include a copy of the:

    • collective agreement at issue, and
    • grievance(s) and any replies
  2. Submit the request

    Submit your request and supporting documents using one of the following methods:

    • Online: click submit in the application form (requires Adobe Acrobat Reader version 10.0 or above)
    • Email: to drs.director@ontario.ca with the subject line Request for Appointment of Grievance Arbitrator (if attachments are greater than 10 MB total, submit online instead)

Contact us

For more information, or to request early assistance to try to resolve a workplace issue before a grievance is filed, contact us by:

Email: drs.director@ontario.ca
Tel: 416-326-1300
Monday to Friday from 8:30 a.m. to 5:00 p.m.