As previously reported, Minister of Labour, Lisa Raitt appointed arbitrator Guy Dufort as the new arbitrator in the Final Offer Selection (FOS) arbitration between the urban CUPW unit and Canada Post Corporation (CPC). Due to the 
fact that Mr. Dufort had represented Canada Post Corporation for five years in the PSAC pay equity case, and because of his very significant involvement with the Conservative Party of Canada, CUPW requested Mr. Dufort to recuse himself from the arbitration because of his conflict of interest.
We have now received the decision of Mr. Dufort in which he has refused the union’s request. The Union will now proceed to the courts to have Mr. Dufort removed from the file. In the meantime we will ask Mr. Dufort to stay the proceedings until such time as the court has rendered a decision.
A Lengthy Process
The entire final offer selection process contained in the back-to-work legislation adopted by the Conservative government is both lengthy and unjust. Whenever the arbitration process actually begins it will not be a simple process. First, the arbitrator will have to select the date that will be used to determine the issues that can be arbitrated. Once the date is selected, the arbitrator will then be required to determine what issues had been agreed to between the parties and what issues remained in dispute. The parties will then be required to submit their final offers on these issues, written in contractual language, as part of a complete collective agreement. The arbitrator will then have to hear the arguments and evidence of both parties on all of the issues where they have proposed changes to the collective agreement.
Unjust and Unproductive Process
Experts who have examined collective bargaining and arbitration processes have criticized final offer selection as a means of settling complex disputes such as our current round of negotiations with CPC. Unlike the parties to a negotiation, arbitrators do not have to live with the consequences of their decisions. In final offer selection arbitration, the arbitrator is prohibited from reproducing the compromises that would have likely occurred during bargaining. Instead, they must choose the entire package offered by one side. This winner takes all approach guarantees continued conflict during the life of the imposed contract and in future bargaining when the losing side has another chance to achieve its objectives.
Negotiations is the Answer
This is why CUPW has continued to propose that negotiation, not arbitration, is the best way to resolve the next collective agreement and we will continue to do so.
In Solidarity,
Denis Lemelin
National President and
Chief Negotiator
2011-2015 – Bulletin No. 43
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