Expedited arbitration : is it expeditious? : evidence from Canada

Abstract

The objective of my research is to explore expedited arbitration in Canada. Labour arbitration remains an expensive and time-consuming process to resolve unionized workplace disputes. In the first of my three studies, I asked counsel to respond to a quantitative internet-based survey which focused on perceptions of organizational justice. The findings revealed that the opinions of participants were similar based on whether the participants adopted an expedited or traditional arbitration process. In my second study, I conducted interviews with union and management-side counsel located across Canada. By interviewing counsel located in various jurisdictions it allowed me to gather rich data from multiple perspectives. Further, interviewing both union and management-side counsel allowed my study to gain valuable information from parties with both conflicting and overlapping goals. In my third and final study, I adopted a content analysis framework to study over five hundred and fifty labour arbitration decisions. I found that there was less of a delay in obtaining the first day of hearing in the expedited arbitration process. However, there was no statistical difference in the delay in receiving the arbitration award. The study also revealed that there was not a difference in the outcome of the expedited and traditional arbitration decisions. My dissertation enabled me to develop valuable information on expedited labour arbitration in Canada. Adopting a multi-method approach allowed the development of rich data and information. Further, it provided the thoughtful insight of practitioners who utilize the process regularly. These findings lead me to provide suggestions for policy makers in Canada on issues with the current process and possibilities for improving expedited arbitration.