FAQs

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Frequently Asked Questions

DISCLAIMER

The answers on this page are statements of general policies and practices of the Canadian Railway Office of Arbitration & Dispute Resolution concerning the filing and scheduling of disputes for arbitration and certain hearing procedures. Although some of the answers are gleaned from the Memorandum of Agreement establishing the Canadian Railway Office of Arbitration & Dispute Resolution it is not intended as an interpretation of that document or any other agreement between the parties. These guidelines are intended for the assistance of the parties and may be the subject of a ruling of the arbitrator in any given case

Last Updated: July 2005

	What is the date of the next arbitration hearings?		What is the last date for filing a statement of issue if I wish to have my case heard next month?
	What if I miss the deadline for filing?		How do I, as the proper officer of the Union or Company, file a request for arbitration?
	What is a Joint Statement of Issue?		Does signing a joint statement of issue mean that both parties agree to everything in the statement of issue?
	What do I do if the other party to the dispute refuses to sign a Joint Statement of Issue?		What is an Ex Parte Statement of Issue?
	How do I file ex parte?		Must I give the other party to the dispute 48 hours' notice in every case?
	What is the procedure for filing an objection concerning the filing of a request for arbitration or the jurisdiction of the arbitrator to deal with the issue or issues as defined in an ex parte statement of issue?		What are the policies governing the scheduling of cases filed with the CROA&DR?
	What is the Office's policy concerning requests for postponements?		What is my responsibility to the other party to the dispute when filing a request for arbitration to the CROA&DR?
	What is my responsibility to a possible third party when filing a request for arbitration?		Who may file a request for an arbitration hearing at the CROA&DR?
	My collective agreement does not specifically mention these procedures for filing disputes for arbitration.		My copy of the memorandum of agreement establishing the Canadian Railway Office of Arbitration is dated September 1, 1971. Is there a more recent memorandum?
	Are there any other documents other than the memorandum of agreement establishing the CROA&DR which outlines the procedures to be followed when filing grievances?		How are cases presented?
	What is the Informal Expedited Hearing Process (IEHP)?		What is the "Hearing by Written Submission" process?
	What are the rules of evidence which apply at the CROA&DR?		Must I advise anyone in advance if I intend to use legal counsel?
	In what language are the hearings held?		Are the hearings recorded or transcribed?
	What is the "jurisdiction of the arbitrator"?		Are there any other limitations placed on the jurisdiction of the arbitrator by the memorandum of agreement?
	How is the arbitrator chosen and how long is his or her term of office?		What is the Administrative Committee of the Canadian Railway Office of Arbitration?
	Are the hearings always held in Montreal?		How is the CROA&DR funded?
	Does the Canadian Railway Office of Arbitration have audio-visual equipment?		What does "sine die" mean?

Answers to Frequently Asked Questions

Disclaimer

The answers on this page are statements of general policies and practices of the Canadian Railway Office of Arbitration & Dispute Resolution concerning the filing and scheduling of disputes for arbitration and certain hearing procedures. Although some of the answers are gleaned from the Memorandum of Agreement establishing the Canadian Railway Office of Arbitration & Dispute Resolution, it is not intended as an interpretation of that document or any other agreement between the parties. These guidelines are intended for the assistance of the parties and may be the subject of a ruling of the arbitrator in any given case

Last Updated: July 2005

back to question	What is the date of the next arbitration hearings? Arbitration hearings are held on the second Tuesday of the month as well as the Wednesday and Thursday following, September to July. No hearings are held in the month of August. Dates and location of the hearings for Sept.2004-Aug.2005 Dates and location of the hearings for Sept.2005-Aug.2006.
back to question	What is the last date for filing a statement of issue for next month? The request for arbitration, accompanied by a signed statement of issue, must be received in the CROA&DR office by midnight of the 8th of the month in order to be scheduled for the next month, regardless of the calendar day on which the 8th falls.
back to question	What if I miss the deadline for filing? The requirement for filing a request for arbitration is mandatory. Grievances filed after the 8th will not be scheduled for the following month. However, at the request of both parties to the dispute, cases may be added to the schedule, time permitting. Please refer to the HREF="croadr_moa.html#SCHEDULING">Policies and Guidelines for more detailed information.
back to question	How do I, as the proper officer of the Union or Company, file a request for arbitration? All requests for arbitration must be made to the CROA&DR in writing on or before the eighth of the month preceding the month in which the case is to be heard. The request must contain or be accompanied by a Statement of Issue and a copy of the request and the statement of issue must be transmitted to the other party on the same day and in the same manner. The request for arbitration must be made in the manner provided for in the applicable collective agreement.
back to question	What is a Joint Statement of Issue? A Joint Statement of Issue (JSI) is a document signed by the parties to a dispute which briefly identifies the facts giving rise to the grievance and defines the issue or issues in dispute to be dealt with by the arbitrator. When a JSI is filed with the office of arbitration it is automatically placed in line for scheduling in the next available month unless a different hearing month is requested.
back to question	Does signing a joint statement of issue mean that both parties agree to everything in that statement of issue? No. For example, a statement of issue which contains the contention of one party that all or part of the other party's contentions are not arbitrable can still be presented as a J.S.I. Signing a joint statement of issue does not mean that you agree with everthing the other party has put into that statement. See, for example, the JSI submitted in CROA 2703.
back to question	What do I do if the other party to the dispute refuses to sign a Joint Statement of Issue? Should the other party to a dispute refuse to sign a JSI, you may file a separate statement of issue, referred to as an ex parte statement of issue, following the procedure outlined in clause 10 of the M.O.A.
back to question	What is an Ex Parte Statement of Issue? An Ex Parte Statement of Issue is a statement of issue signed by only one party to a dispute. Unlike a JSI, the Arbitrator has the discretion to accept or reject the party's application to proceed on an ex parte basis. Please refer to clause 10 of the MOA and the letter concerning filing ex parte statements of issue.
back to question	How do I file ex parte? In accordance with clause 10 of the M.O.A., having been unable to arrive at a JSI, the party seeking to go to arbitration must give the other party to the dispute 48 hours' notice, in writing, of its intention to proceed. After the expiry of the 48 hours, the grieving party may then submit a request to the Arbitrator to proceed on an ex parte basis. To avoid delay, this request should outline the efforts made to formulate a JSI which encompassed the contentions of both parties. It must be accompanied by the proposed ex parte statement of issue and be filed with the other party to the dispute at the same time and in the same manner. The Arbitrator may require the other party to the dispute to explain why they were unable to formulate a JSI which encompassed the contentions of both parties. The Arbitrator has the sole discretion to accept or reject the request after reviewing the parties submissions in the matter, or the lack thereof.
back to question	Must I give the other party to the dispute 48 hours' notice in every case? Yes, and in writing.
back to question	What is the procedure for filing an objection concerning the filing of a request for arbitration or the jurisdiction of the arbitrator to deal with the issue or issues as defined in an ex parte statement of issue? A preliminary objection concerning the arbitrability of any dispute may be filed, preferably as soon as possible after the dispute is submitted to the CROA&DR. Please refer to the CROA&DR Statement of Policies and Guidelines appended to the M.O.A. for a more detailed answer. The intent of this practice is to avoid the preparing of briefs for, and the scheduling of, cases which may be ruled to be inarbitrable, while minimizing undue delay to the hearing of properly scheduled cases.
back to question	What are the policies governing the scheduling of cases filed with the CROA&DR? As a general principle, all disputes filed with the CROA&DR are scheduled on a "first-in first-out" basis. An exception to this are disputes involving termination of employment which have a priority in scheduling. Please refer to CROA&DR Statement of Policies and Guidelines for a more detailed answer.
back to question	What is the Office's policy concerning requests for postponements? As a general rule, in all but the most extraordinary circumstances, postponements or adjournments will not be granted except by the agreement of both parties to a dispute. Please refer to CROA&DR Statement of Policies and Guidelines for a more detailed answer. All requests for postponements or adjournments should be made in writing, with a copy sent to the other party to the dispute.
back to question	What is my responsibility to the other party to a dispute when filing a request for arbitration to the CROA&DR? When filing a request for arbitration, be it ex parte or jointly, the party actually filing the request must, on the same date, transmit a copy of such request to the other party to the grievance.
back to question	What is my responsibility to a possible third party when filing a request for arbitration? Under the law of arbitration in Canada other parties whose interest may be affected by a jurisdictional or other claim are generally entitled to notice of proceedings whose outcome may affect their rights. To avoid undue delay, all requests for arbitration of grievances dealing with such issues should include reference to the interests of other bargaining agents and, where applicable, be copied to them.
back to question	Who may file a request for an arbitration hearing at the CROA&DR? A request for an arbitration hearing at the CROA&DR may only be filed by the appropriate officer of the union or company, as provided for in the applicable collective agreement.
back to question	My collective agreement does not specifically mention these procedures for filing disputes for arbitration. The M.O.A. establishing the CROA&DR expressly or impliedly forms part of the collective agreements of all members of the Canadian Railway Office of Arbitration & Dispute Resolution. You are therefore bound by these procedures unless other procedures are explicitly expressed in your particular collective agreement.
back to question	My copy of the memorandum of agreement establishing the Canadian Railway Office of Arbitration is dated September 1, 1971. Is there a more recent memorandum? Yes. The 1971 memorandum of agreement has been replaced by the memorandum of agreement dated May 20, 2004 which established the Canadian Railway Office of Arbitration & DISPUTE RESOLUTION. Contact the your Union/Company representative for a copy of the new memorandum or download a copy from this website at 2004 M.O.A.
back to question	Are there any documents other than the memorandum of agreement establishing the CROA&DR which outlines the procedures to be followed when filing grievances? No. The Policies and Guideliness, dated March of 1996, put out by the Administrative Committee of the Canadian Railway Office of Arbitration is now appended to the CROA&DR M.O.A. Other new addenda include the "Informal Expedited Hearing Process", a process for "Adjudication by Written Submission" and a "Letter re filing ex parte"
back to question	How are cases presented? The parties present their case by written briefs (clause 11). Briefs contain the parties' arguments and submissions in support their contentions, supported by exhibits and other documentation as appendices. Witnesses can be called in relation to disputed facts, by leave of the arbitrator. Hearings generally take one to two hours, although accommodation can be made when a longer hearing is necessary. Two new methods of presenting cases have been added to the process. In the IEHP process, there are no written briefs and no witnesses are called. In the Written Submission process there are written briefs but no witnesses.
back to question	What is the Informal Expedited Hearing Process (IEHP)? This new process was implemented by the Administrative Committee to add flexibility to the arbitration process. While the award is final and binding for the particular dispute presented, it is not precedential and while it may give direction to the parties, it does not bind them to a specific interpretation of a contentious issue. The award is not published and may not be used as jurisprudence in future arbitration cases. Please refer to Appendix D of the CROA&DR M.O.A. for more detailed information.
back to question	What is the "Hearing by Written Submission" process? This new process was implemented by the Administrative Committee to add flexibility to the arbitration process. Written briefs are submitted to the Arbitrator but the parties' representatives are not present at the hearing and, of course, there are no witnesses. The award has the same binding and precendential effect as all other CROA&DR awards. Please refer to Appendix E of the CROA&DR M.O.A. for more detailed information.
back to question	What are the rules of evidence which apply at the CROA&DR? While bound by the principles of natural justice, "The arbitrator may make such investigation as he/she deems proper ...". ( clause 13 of the MOA)
back to question	Must I advise anyone in advance if I intend to use legal counsel? When legal counsel is to be used, advance notice is to be given to the other party to the dispute and the CROA&DR as soon as possible. When notice of intent is received by both the CROA&DR and the other party before the case has been scheduled, thus giving at least one month's notice, requests for adjournments by one party to retain and instruct counsel will generally not be granted, absent exceptional circumstances. Please refer to CROA&DR Statement of Policies and Guidelines for a more detailed answer.
back to question	In what language are the hearings held? The language of an arbitration hearing is the choice of the two parties to the dispute. There are, however, some rules respecting the use of translators which the Administrative Committee has agreed are to be followed as found in the CROA&DR Statement of Policies and Guidelines.
back to question	Are the hearings recorded or transcribed? No. The parties' arguments are presented in the form of a brief, which is read into the record at the hearing. These briefs, with their appended documentation, form the only written record of the proceedings.
back to question	What is the jurisdiction of the arbitrator? The jurisdiction of the arbitrator is limited to disputes respecting the application, interpretation, administration or alleged violation of a collective agreement as set out in the M.O.A. establishing the CROA&DR as set out in clauses 6 - 10 inclusive.
back to question	Are there any other limitations placed on the jurisdiction of the arbitrator by the memorandum of agreement? Yes. In the CROA&DR's expedited arbitration process, the jurisdiction of the arbitrator is limited to the issues contained in the Joint Statement of Issue, or separate Ex Parte Statement of Issue, which the parties must file in advance of the hearing. Please refer to Clause 12 of the M.O.A. establishing the CROA&DR.
back to question	How is the arbitrator chosen and how long is his or her term of office? The Administrative Committee of the CROA&DR contracts the services of three arbitrators [Clause 3], which contracts may be renewed on an annual or bi-annual basis. The senior Arbitrator is designated at the Chief Arbitrator [Clause 4].
back to question	What is the Administrative Committee of the Canadian Railway Office of Arbitration? The Administrative Committee, composed five union representatives and two company representatives, is responsible for the administration of the office, which includes selecting the arbitrators, implementing such policies as are agreed to by all members, and renewing the M.O.A., with or without amendments, on an annual basis.
back to question	Are the hearings always held in Montreal? No. Hearings are also held in Western Canada in March, July and November of each year. Please refer to the notices page for information for the precise location and contact numbers.
back to question	How is the CROA&DR funded? The entire cost of maintaining and operating the office, including the arbitrators' fees, is paid for by both the member unions and member companies on a 50-50 basis.
back to question	Does the Canadian Railway Office of Arbitration have audio-visual equipment? No. Any party requiring audio-visual equipment at a hearing is responsible for advising the General Secretary that such equipment will be utilized and for providing their own equipment. Should assistance be required in this matter, the General Secretary will arrange to have the equipment available, with the cost of renting such equipment to borne by the requesting party.
back to question	What does "sine die" mean? Sine die (sin-ay dee-ay) is Latin and literally means "without day". It is used when the hearing of a dispute is postponed or adjourned indefinitely or to a later date, without that date being specified at the time of the postponement or adjournment.

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