Job Specification

Purpose of Position :

To provide neutral, third-party mediation assistance during collective bargaining to employers and unions in a variety of industries and sectors to achieve a collective agreement and to avoid work stoppages.
To provide preventative labour relations services such as labour relations training, facilitation and grievance mediation where required.

Duties / Responsibilities :

The position plans and conducts conciliation and mediation meetings, as assigned throughout the province of Ontario, in private and public sector unionized workplaces to assist in the successful conclusion of first or renewal collective agreements in accordance with the Ontario Labour Relations Act, 1995, Crown Employees Collective Bargaining Act, Hospital Labour Disputes Arbitration Act, Fire Protection and Prevention Act, 1997, Ambulance Services Collective Bargaining Act, 2001, Colleges Collective Bargaining Act, 2008, Toronto Transit Commission Labour Disputes Resolution Act, 2011 and other legislation related to labour relations which may come into force. The incumbent achieves this by:

1. Consulting with the parties to determine appropriate timing and venue and then convening official conciliation or mediation meetings, acting as chairperson to maintain order and constructive dialogue between the parties. Determining the sequence and nature of discussions which offers the greatest possibility of achieving settlement of the outstanding issues between the parties. Analyzing the bargaining situation and motivations and determining the issues to focus bargaining and direct the efforts of the parties. Counselling, guiding and persuading bargaining committees towards positions that provide the greatest likelihood of settlement. Controlling communications processes to defuse potential delays or issues delaying settlement. Assessing the value of extending conciliation meetings or planning further meetings and convincing the parties to adopt this course of action.

2. Explaining to the parties the application of relevant labour relations legislation, the statutory purpose of conciliation and mediation processes and the role of the mediator.. Assisting the parties to draft language, memorandums of agreement, or other documents to achieve settlement.

3. Writing confidential reports to the Minister of Labour in cases where a settlement is not achieved during the conciliation process, detailing the nature of the dispute, action taken to that point and recommending a course of action.

4. Assessing the value of mediation assistance to the parties in cases where conciliation efforts were unsuccessful, attempting to gain the voluntary co-operation of the employer and the union to make continued use of third party assistance, determining the most effective timing for such assistance taking into account the deadline, internal and external pressures on the parties and all other factors particular to the case. Establishing and conducting further mediation, ensuring that the parties are aware of the potential impacts of a failure to resolve their differences, and employing strategies designed to bring about settlement at the earliest possible opportunity. Monitoring work stoppages with ongoing communications with the parties in order to assess the appropriateness of further meetings to resolve the situation.

5. Identifying relationships between the parties, committee members or spokespeople which are having an adverse impact on the ability to resolve the dispute and encouraging the parties to improve the relationships for effective communication and problem solving. Bringing to the attention of the parties the value of improved relationships for improved job satisfaction, productivity, workplace safety, financial stability and job security. Informing the parties of Ministry of Labour programs, such as training, facilitation and grievance mediation, available to assist the parties.

6. Providing timely and accurate updates to the Director, Deputy Director and other management staff as required on the progress of negotiations particularly during a work stoppage, writing reports on same as requested.

7. Participating in, or conducting, special assignments upon request which may involve such things as speaking engagements, strategic planning, professional development initiatives, or the orientation and/or training of new mediation staff. Participating as a member of a mediation team delivering services to an industry or sector. Delivering Interactive Solutions programs such as conferences or facilitation.

8. Completing research and activity reports, managing a busy calendar, itinerary and wide variety of travel arrangements, booking meeting rooms and accommodation. Timely and accurate maintenance of files using electronic file management system. Working closely with administrative staff to ensure prompt and effective case management. Timely expense filing and related administrative processes. At the request of the Director or Deputy Director, stepping in for other mediators who have become unavailable due to such events as illness, weather or conflicts with another case, often on very short notice.

Knowledge :

Extensive experience is required in collective agreement negotiations and administration, in a leading role with either labour or management. Specialized knowledge of conciliation and mediation techniques and practices. Proven integrity and credibility with a variety of stakeholders in the labour relations field. Thorough knowledge of the application of the Ontario Labour Relations Act, 1995, Crown Employees Collective Bargaining Act, Hospital Labour Disputes Arbitration Act, Fire Protection and Prevention Act, 1997, Ambulance Services Collective Bargaining Act, 2001, Colleges Collective Bargaining Act, 2008, Toronto Transit Commission Labour Disputes Resolution Act, 2011 as applied to collective bargaining. Thorough knowledge of the structure and character of union and management organizations, the collective bargaining process including multi-party and key industry negotiations, developing trends in industrial relations methods and guiding principles. Knowledge is also required of matters that may be at issue during collective bargaining such as pay equity, pensions, benefits and contracting out. Strong administrative and time management skills to organize and schedule busy workloads, arrange meetings with potentially uncooperative parties, chair meetings, arrange travel and accommodation, file timely expense reports and for overall prompt and effective case management. Experience using case management systems, expense systems, email, blackberry and similar tools. Knowledge and skills are normally acquired through significant experience negotiating collective agreements and mediating in a collective bargaining environment, significant experience in administering collective agreements on behalf of union or management. Knowledge and skills are enhanced through continual study of texts, journals, arbitral jurisprudence, legislation, current trends and developments in labour relations. Proficiency in English and French at the superior level.

Judgement :

Under the administrative direction of the Director and Deputy Director and in accordance with overall Ministry of Labour policies and legislation, significant independent judgment is exercised in determining the strategies, timing and general approach to be taken in conciliation and mediation of a collective agreement. During the course of a meeting, and often in a crisis or immediate situation, the exercise of on-the-spot irreversible judgement is crucial to securing and maintaining the cooperation and confidence of the parties necessary to bring about a settlement and/or to create a climate whereby neither party is losing face or weakening their position; to get amended positions through discussion, by exploring, suggesting alternatives or potential solutions, either in joint or separate sessions, with subcommittees or with the spokespeople only. Advice and guidance are only available before or after a meeting. Judgement is exercised in determining the timing of a meeting, the most appropriate conciliation or mediation approach to be taken at a particular time based on the issues, history, personalities, priorities, financial and other factors involved in each unique situation; the timing of the introduction or change of topics during negotiations and the evaluation and discreet use of confidential information. No guidelines for decision making or action exist which assist in the judgement required in order to have sensitivity toward elected officials and understanding of union positions regarding acceptance by the committee and ratification by the membership or coaching inexperienced parties and to be able to identify and emphasize the implications and ramifications of fixed positions or taking job action in disputes that may have serious economic impact.

Accountability - Programs :

The incumbent is accountable for taking all possible steps to enable the parties to reach a settlement of their collective bargaining differences which includes: arranging conciliation and mediation meetings within the time constraints (and imposing a date in cases of non-cooperation), pursuing a dispute if chance of settlement exists despite frequently long hours and awkward travel schedules; determining when the process of conciliation will not affect a collective agreement and making a recommendation to the Minister of Labour on the advisability of a ”no-board” or further mediation. This includes a responsibility to seek out advice from management in a timely manner.

Accountability – Personnel :

N\A

Accountability - Finance and Materials :

Failure to effectively handle a bargaining situation which results in a work stoppage or the prolonging of same could have a significant impact on the business, sector, local and/or wider provincial economy through lost productivity, wages, profit, layoffs or closures. Any of which may have a direct impact on the economic health of province.

Accountability - Impact of Errors :

Failure to effectively handle a bargaining situation by incorrectly assessing it, alienating either of the parties or by ending discussion prematurely could result in a work stoppage or the prolonging of same which could have far-reaching economic, social or political affects through lost productivity, community services, wages, profit, layoffs or closures. Failure to achieve settlements of build effective labour management relationships would damage Ministry of Labour and the mediator's credibility, undermine the mediation and conciliation process and may have a direct impact on the economic health of the province.

Contact - Internal :

Frequent contact with associated officials within the Ministry to ensure they are advised of the status and progress of disputes, to discuss problems, contentious files, trends, precedents, etc.

Contact - External :

There are frequent high-level contacts, often during tense negotiations, with representatives of unions, management which may include legal counsel and labour relations consultants.