Job Specification

Purpose :

To foster harmonious labour relations and to minimize disruption in the economy arising from strikes and lockouts.

To assist in the planning of mediation meetings in difficult private and public sector unionized workplaces to assist in the successful conclusion of first or renewal collective agreements.

To assemble mediation teams to best meet sector needs, and to plan and organize overall timing of ministry involvement.

To counsel, guide and persuade parties towards positions, approaches and methods providing the greatest likelihood of settlement.

Key Responsibilities :

1. Coordinates activities related to conflict resolution in a wide variety of industries/private/public sectors.
2. Facilitates timely resolution of difficult collective bargaining disputes by intervening directly and by providing technical guidance and support to other mediators. Works to gain voluntary cooperation of the employer and the union to make continued use of third party assistance. Coordinates, develops and maintains industry/private/public sector relationships to facilitate labour-management mechanisms in response to needs identified during conciliation and mediation proceedings.
3. Plans and conducts conciliation and mediation meetings in difficult circumstances in the private and public sectors to assist in the successful conclusion of first or renewal collective agreements. Confers with the parties to determine appropriate timing/venue and convene conciliation or mediation meetings.
4. Plans and conducts grievance mediation to assist in the successful resolution of disputes between the parties relating to the alleged violation of the collective agreement with respect to interpretation, application or administration.
5. Acts as chairperson to maintain order, flow and agreement; determining the sequence and nature of discussions which offers the greatest possibility of achieving settlement of outstanding issues between parties. Counsels, guides and persuades bargaining committees towards positions, approaches and methods providing the greatest likelihood of settlement. Works with the parties to assesses the value of extending or planning further meetings.
6. Explains provisions of provincial legislation as it pertains to the parties, drafting memoranda of agreement as may be appropriate; explains the purpose of the conciliation and mediation processes and the role of the mediator, including to parties unfamiliar with the process such as those negotiating a first agreement or those on a negotiating committee for the first time.
7. Identifies relationships between parties, committee members or spokespeople which are unable to resolve disputes and encourages parties to work on enhancing relationships to achieve higher degrees of self-reliance, effective communication and problem solving improvements to provide the basis of improved work satisfaction, productivity, workplace safety and employment practices.
8. Provides updates on progress of negotiations particularly in work-stoppage situations. Writes analytical reports to the Minister 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 the Ministry's further course of action. Refers inquiries from the media ensuring that information is not released which could have an impact on the course of negotiations.
9. Participates in the delivery of training programs to labour-management groups and participates in development of preventative mediation initiatives. Participates in, or conducts, special assignments upon request which may involve such things as speaking engagements, policy development, strategic planning, professional development initiatives, or the orientation and or training of new mediation staff.
10. Completes research and activity reports, manages complicated calendar, itinerary and travel arrangements, and accommodation needs, ensures that files are updated in a timely fashion on the case management system and, upon the request of the director, steps 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.

Qualifications :

Proficiency in English and French at the superior level.

Factors :

Knowledge :

Conciliation and mediation techniques and practices, Ontario, federal, labour and related legislation.

Labour relations theory, psychology, principles and practices, economics, relevant legislation, statutes and regulations; the practices, processes, and policies used by the ministry to carry out conciliation and mediation.

Trends and developments in labour relations methods and principles, pensions, benefits, job evaluation, grievance administration, health and safety, wage structures, recruitment, restructuring, economics, etc.

Bargaining trends and settlements, issues, precedents, arbitration awards and related decisions, and the bargaining climate.

Structure of union and management organizations, collective bargaining process, methods, and conventions and contractual issues related to the industrial/private/public sector.

Labour economics, personnel administration and the social, historical, political and psychological aspect of the labour movement and labour relations.

Training and facilitation techniques in order to participate in the delivery of training programs to labour-management groups.

Program Responsibility :

Responsible for coordinating activities related to conflict resolution in a wide variety of unionized settings in industries/private/public sectors.

Responsible for planning and conducting conciliation and mediation meetings and determining the sequence and nature of discussions which offers the greatest possibility of achieving settlement of the outstanding issues between the parties.

Responsible for assessing the value of extending conciliation meetings or planning further meetings and convinces the parties to adopt this course of action as may be appropriate.

Responsible for providing mediation in difficult cases.

Responsible for coordinating developing and maintaining sectoral relationships to facilitate labour-management mechanisms in response to needs identified during conciliation and mediation proceedings.

Responsible for participating in the delivery of training programs to labour-management groups and participates in development of preventative mediation initiatives.

Analytical Thinking :

Analyzes the bargaining situation, the parties' relationship, contributing factors and considerations, determines which issues, approaches and methods will facilitate the achievement of a settlement and persuades, influences and directs the efforts of the parties accordingly.

Identifies and determines immediate, irreversible decisions that critically impact negotiations and chances for settlement in the absence of guidelines based on insight, extensive experience, extensive knowledge and subject-matter mastery and expertise.

Identifies relationships between parties, committee members or spokespeople which are unable to resolve disputes and determines solutions to increase work satisfaction, productivity, workplace safety and employment practices
Identifies, determines and evaluates the needs of stakeholders to resolve complex, challenging issues and to build constructive labour-management relationships.

Planning / Coordinating :

Coordinates ministry activities related to conflict resolution in a wide variety of industries/public/private sector by developing a bargaining calendar for each industry/sector, assembling mediation teams to best meet needs and planning and organizing overall timing of ministry involvement.

Plans and conducts conciliation and mediation meetings in difficult disputes in industry/private/public sector unionized workplaces to assist in the successful conclusion of first or renewal collective agreements.

Coordinates, develops and maintains sectoral relationships to facilitate labour-management mechanisms in response to needs identified during conciliation and mediation proceedings

Participates in the delivery of training programs to labour-management groups and participates in development of preventative mediation initiatives.

Leadership/Guidance :

Supports and engages with other mediators to facilitate successful outcomes of conciliation and mediation activities and to resolve issues and challenges encountered in dispute resolution.

Explains provisions of provincial legislation as it pertains to the parties.

Counsels, guides and persuades parties towards positions, approaches and methods providing the greatest likelihood of settlement.

Recommends further courses of action for the ministry in cases where a settlement is not achieved during the conciliation process.

Counsels, guides and persuades parties toward the resolution of grievances.

Independence of Action :

Works under general direction and within the overall ministry policies and legislation.

Determines the strategies, timing and general approach to be taken in ministry intervention in a given industry or sector and coordinates branch resources accordingly.

Secures and maintains the cooperation and confidence of the parties in order to bring about a settlement and to create a climate conducive to the achievement of a settlement, and to get amended positions through discussion by exploring and suggesting alternatives or potential solutions.

Determines 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, and priorities, financial and other factors involved in each unique situation.

Determines the sequence and nature of discussions which offers the greatest possibility of achieving settlement of the outstanding issues between the parties.

Makes decisions which critically impact negotiations and chances for settlement.

Provides recommendations for the ministry on further courses of action when the process is unsuccessful and monitors and explores ways to resolve strikes or lock-outs.

Accountable for taking all possible steps to enable the parties to reach a settlement of their collective bargaining differences; absence of resolution could result in a work stoppage or the prolonging of same, with far-reaching economic, social or political effects through losses of productivity, services, wages, profit, layoffs or closures.

Interpersonal/Communication :

Intervenes in difficult collective bargaining disputes

Builds effective labour-management relationships to facilitate achievement of settlements and enhance ministry credibility.

Gains and maintains confidence, credibility and respect of the parties throughout all phases and stages of the process.
Interacts with employers and unions in high-pressure environments when facilitating agreement during conciliation and mediation.

Liaises with the labour relations community, trade union and employer representatives, the labour bar, senior union and management officials, and other labour and employer associations and organizations in all sectors

Discusses problems, contentious cases, trends, and precedents etc.; prepares reports, settlements, correspondence and briefing materials

Physical Effort :

The majority of time is spent working alone in a meeting environment with periodic opportunity to move about.

Sensory Effort :

Requires visual attention and concentration (i.e., reading without interruption) to examine and analyze collective agreements, settlement documents/agreements and any other relevant data that pertains to labour negotiations. Concentrated effort, focused listening and emotional intelligence are required to persuade, influence and direct the efforts of parties throughout the process.

Working Conditions :

Work is performed in varied meeting spaces in hotels and offices, and in an office environment, in tense and high-stress circumstances. Requires extensive travel throughout the province, sometimes on short notice, including in remote areas. Requires working long hours, potentially around the clock and/or over several consecutive days.