Effect given to the recommendations of the committee and the Governing Body - Report No 333, March 2004

Case No 1943 (Canada) - Complaint date: 12-NOV-97 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 17. The Committee last examined this case, which concerned government interference in the impartiality of the process of arbitration, at its November 2003 meeting [see 332nd Report, paras. 25-27]. On that occasion, it noted the decision of the Supreme Court of Canada in this matter which confirmed the views of the Committee, urged the Government to take measures to ensure that the neutrality and impartiality of arbitration boards be guaranteed in law and practice in order to maintain the confidence of both sides in the system, and requested to be kept informed of developments.
2. 18. In a communication of 17 December 2003, the Government of Ontario informed the Committee that, when the Government passed in June 2003 the Back to School (Toronto Catholic Elementary) and Education and Provincial Schools and Negotiations Amendment Act, 2003, the legislation included the following wording as regards the appointment of a mediator-arbitrator, if such appointment became necessary: “The Minister shall appoint a person who, in the opinion of the Minister, has the requisite experience as a mediator-arbitrator or expertise in labour relations and education matters.”
3. 19. Whilst noting this information with interest as regards the conclusion of the present case, the Committee observes that this legislative language was introduced on an ad hoc basis and in the context of a back-to-work legislation. It hopes that the Government, in future, will refrain from resorting to such legislation. The Committee emphasizes nevertheless that in mediation and arbitration proceedings it is essential that all the members of the bodies entrusted with such functions should not only be strictly impartial but, if the confidence of both sides, on which the successful outcome even of compulsory arbitration really depends, is to be gained and maintained, they should also appear to be impartial both to the employers and to the workers concerned.