Arbitration


Overview

Arbitration is a form of dispute resolution. The Police Act allows for the use of arbitration to settle disputes.

Under the Police Act, the Police Commission can schedule an arbitration hearing when the parties to a settlement conference cannot reach agreement in a reasonable period or a police officer, alleged to have breached the Code of Professional Conduct Regulation does not attend a settlement conference.

Arbitration hearings conducted under the Police Act use independent arbitrators. The arbitrator acts like a judge. S/he hears the details of the dispute and issues a decision. The decision is final and binding on all parties involved.


Arbitrators

The Police Commission maintains a list of Arbitrators. To be eligible for appointment as an arbitrator, you must:

  • Be a lawyer in good standing with the Law Society of New Brunswick or another jurisdiction in Canada; or be a member or former member of the judiciary in Canada,
  • Agree not to act as a representative at a settlement conference or arbitration hearing,
  • Agree to not give legal advice on any police matter to a party to an arbitration hearing either before or during an arbitration hearing,
  • Possess demonstrable experience in labour - management relations, disciplinary arbitrations, and the writing of arbitration decisions.

Experience in police labour relations would be an asset.

The ability to conduct hearings and deliver decisions in both official languages would be an asset.


Frequently Asked Questions

A. Arbitration is a form of dispute resolution.

An arbitration hearing is held when an officer, who has allegedly breached the Code Of Professional Conduct does not attend a settlement conference or when a settlement conference fails to reach agreement on suitable corrective or disciplinary measures in a reasonable time.

Arbitration hearings conducted under the Police Act use independent arbitrators. The arbitrator acts like a judge. S/he hears the details of the dispute and issues a decision. This decision is final and binding on all parties involved.

A. Yes, unless (in rare circumstances) the arbitrator, in accord with the Police Act, decides to close the hearing to the public. 

A. Yes, the arbitrator could call you as a witness about your complaint. 

A. The arbitrator may impose any of the following measures:

  • A verbal reprimand,
  • A written reprimand,
  • A direction to undertake professional counseling or treatment program,
  • A direction to undertake special training or retraining,
  • A direction to work under close supervision,
  • A suspension without pay for a specified period,
  • A reduction in rank,
  • Dismissal. 

A. If the arbitrator finds that the member of a police force is not guilty of a breach of the Code of Professional Conduct, the arbitrator can dismiss the matter.

A. The decision of the arbitrator is final and binding on all parties. However, you can apply to the Court of Queen’s Bench for a Judicial Review.