If agreement is not reached at the Step 3 meeting, the Grievance Committee, after consultation with the grievor and the Steward, will recommend to the Executive whether the case should be taken to arbitration. If they so recommend, the situation will be discussed at an Executive Board meeting. In complex cases, the grievor, or the Steward, or both, may be invited to attend.

Arbitration is like a private court set up by the two parties to a Collective Agreement. In effect, we hire a third person to hear the matter and render a binding decision. It is less formal than a real court but has many of the same powers, such as the power to require a witness or certain evidence to be present, and to require oaths be taken when evidence is given. YUSA lawyers are always involved at this stage, and several people may have to testify.

The Executive makes the decision about grievances going to arbitration. Up to this point, the grievance process has been a matter purely internal to York. We may have filed a particular grievance with scanty information because a member felt there was a case and must be given the benefit of the doubt. Arbitrations are another matter. They involve expensive, formal hearings outside the University. YUSA must be very sure it has a viable argument, one that justifies such a use of Union funds. The Executive is responsible to the membership for the conduct of Union affairs and will make the final decision.

The Executive must also look out for the interests of all members. We do not want to win a grievance which helps one person but hurts most of our members (we do not wish to set a "bad precedent"). Grievors must also understand that a lost Job Posting grievance will reflect on their qualifications, and may be "proof" that they are not qualified for certain positions.

We may file a grievance by two different routes. Section 45 of the Ontario Labour Relations Act allows the Minister of Labour to appoint arbitrators to hear cases within 21 days of the request (a "Section 45", or "expedited arbitration"). The advantage of this route is that it gives speedy justice. The disadvantage is that Ministry-appointed arbitrators vary in their willingness to break new ground, to give thoughtful decisions, and in their sympathy for Unions. We can also file for arbitration with a "mutually agreed upon arbitrator" or board of arbitration. This is more likely to produce a thoughtful, fair decision, but takes much longer to arrange.

With the approval of both parties (that is, YUSA and the Employer), the Ontario Labour Relations Act, Section 45, provides for a visit from a Settlement Officer before formal arbitration hearings begin. The Settlement Officer acts as a go-between and tries to help the parties reach a compromise. This has, from time to time, proved to be an effective (and less expensive) means of resolving labour disputes and YUSA usually agrees to try it.

At arbitration hearings, the grievor, the President, the Chair of Grievance and the Steward involved may all be present. Don't get unduly worried. You may be asked to testify concerning dates, number of meetings, who said what to whom, but YUSA's lawyer will present the case. It may be necessary for you and the grievor to take some time off before the arbitration to meet with our lawyers and go through the details of the grievance.

As at any other stage of the grievance process, all participants (including the successful applicant in a job posting case) will be informed of developments and dates. Any settlement before the end of an arbitration hearing will be made by caucus.

If a grievance goes through the entire arbitration process, the arbitrator will issue a report of their findings in a few months. The decision of the arbitrator is final. Although the decision of an arbitrator may be challenged in court (this is called "judicial review"), it is rarely done. An appeal of a decision must be based on legal, technical grounds.

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