Grievance arbitration

A grievance is a complaint under a collective agreement. If the grievance procedure does not resolve it, the dispute goes to final settlement under the agreement, by arbitration or, where the statute allows, another method. A buyer of a unionized business meets the term when asking which grievances are open and whether the buyer is bound by the agreement.

What the statutes say

• Ontario: section 48(1) of the Labour Relations Act, 1995 requires final and binding settlement by arbitration, without stoppage of work. If an agreement lacks that provision, section 48(2) deems one in.
• British Columbia: section 84(2) of the Labour Relations Code requires final and conclusive settlement without stoppage of work, by arbitration or another method the parties agree to. Section 84(3) deems a provision in if one is missing.
• Federal: section 57(1) of the Canada Labour Code requires final settlement without stoppage of work, by arbitration or otherwise. If an agreement lacks one, section 57(2) sends the difference to an arbitrator.

When a buyer is bound

In Ontario, section 69(2) says a purchaser of a business sold by an employer bound by a collective agreement is, until the Board otherwise declares, bound by it. Ask for a list of open grievances, notices to arbitrate and recent awards. This entry covers Ontario, British Columbia and federal law only. See whether a union follows the business and successor rights.