Advanced Education, Skills and Labour

Mediation

First Collective Agreement Mediation

When a new certification occurs, the Minister will appoint a first collective agreement mediator within a prescribed time frame.

The legislation stipulates that if the parties are unable to conclude a first collective agreement within 60 days (75 days by mutual agreement) following serving of the notice tobargain, the Minister will appoint a mediator.

Preventive Mediation Program

The Preventive Mediation Program (PMP) is a 6 component program which promotes a stable and constructive labour relations environment and fosters productive workplace relationships.

A co-operative and productive workplace is the goal of all organizations. The PMP is intended to assist employers and unions who are experiencing difficulties in their organization to establish and maintain a more productive working relationship. Workplace disputes are often time consuming and costly; the PMP assists management and labour to work together before issues become unmanageable. It encourages the parties to improve communications, increase co-operation and resolve issues with the aid of a neutral, third party mediator. The PMP encourages a shift to a more positive labour relations environment and promotes responsible collective bargaining in the Province.

The PMP is offered through the Labour Relations Division of the Department of Advanced Education, Skills and Labour. The various components are facilitated by professional mediators who have extensive experience in both private and public sectors and come from a variety of backgrounds. A mediator will meet with representatives of labour and management, together or separately, to discuss how the program works and to determine which components are best suited to the workplace. The components are informal and flexible. Participants choose to implement those which best suit their needs.

The PMP is not the solution to all labour/management problems. It will only succeed if both the union and employer acknowledge that the relationship needs improvement. The parties must want to implement positive changes and be committed to developing a constructive labour relations environment. Both parties share the work and both parties share the benefits. It is the team approach to better labour relations.

The six components of the PMP include:

  1. Mediator Consultation (MC)
  2. First Agreement Orientation (FAO)
  3. Labour Management Committee (LMC)
  4. Joint Problem Solving Training (JPST)
  5. Grievance Mediation (GM)
  6. Workplace Intervention (WI)

Participation in the PMP is voluntary and there is no cost to the parties.

How do I Request Services under the Preventative Mediation Program?

If your labour/management relationship encounters difficult circumstances that might benefit from neutral, third party assistance, consider participating in the Preventive Mediation Program. You may contact the Labour Relations Division at 709-729-2711.

Preventive Mediation Request Form Word Document

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Mediator Consultation

Neutral, third party assistance provided to management and labour to introduce them to the PMP and tailor components to address their unique situations in an effort to build a more positive labour relations environment.

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First Agreement Orientation

An information service provided to management and labour concerning their rights, responsibilities and obligations under provincial labour legislation. It may include information on notification requirements, bargaining rights and duties, conditions precedent to a legal strike or lockout, tips on conducting effective negotiations and other topics of interest.

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Labour / Management Committee

Mediators help establish and enhance the functioning of joint committees which meet regularly to discuss the constructive resolution of day-to-day workplace issues, and thereby improve workplace productivity through greater co-operation and joint consultation.

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Joint Problem Solving Training

Joint Problem Solving Training is a one day training seminar in communications, joint problem solving, and consensus decision making. It provides an opportunity for parties to understand and respect the other's point of view and build a constructive relationship. This workshop requires participation of both employer and union representatives.

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Grievance Mediation

Grievance Mediation is an alternative to a costly arbitration process; it is designed to resolve grievances that are still outstanding after the formalized grievance procedure is exhausted and prior to the matter proceeding to arbitration. The process involves the grievor and assists management and labour in resolving grievances with the aid of a mediator. The settlement rate is greater than 84%. Grievance Mediation is voluntary, informal and a cost-effective alternative to arbitration.

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Workplace Intervention

Workplace Intervention is a service designed to provide conflict resolution in situations where people who work together and interact on a regular basis are in conflict and require intervention to resolve their dispute to foster a better work environment.

Participation is voluntary and requires approval from both the employer and the union. A mediator will work with the parties in an effort to resolve their dispute. This may include developing a Workplace Agreement in which the parties, through the assistance of the mediator, develop a set of ground rules to follow, which will enable them to reduce conflict and maintain a more productive work environment.

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