FOR GRIEVANCE HEARINGS UNDER THE ONTARIO LABOUR RELATIONS ACT
All members of the Association shall file with the Office of Arbitration and maintain current, upon thirty days' notice, a schedule of their professional fees. It is recommended that fees be expressed in terms of the amount to be charged on the block fee basis (amount to be charged for a one-day hearing and award; additional amount where additional days are involved). The fee schedule so filed should contain all fees charged for the services of the arbitrator, including fees relating to the administration of the file and travel time, and should also include cancellation fees. Arbitrators who reserve the right to charge additional time for writing in extraordinary cases or to depart from their fee schedule in other unusual circumstances should so indicate.
It is recommended that cancellation fees be charged only where notice of the cancellation is less than thirty days from the date of the hearing, and that members be guided by the following practice of a number of established arbitrators:
where the notice of cancellation is within 15 to 30 days prior to the hearing, it is suggested that the cancellation fee be no more than approximately 30% of the arbitrator's block fee for a single day of hearing plus award.
where the notice of cancellation is within 14 days or less of the day of the hearing, it is suggested that the arbitrator's cancellation fee be no greater than approximately 40% of his or her registered block fee for a single day of hearing and award.
having regard to the abbreviated time for the appointment of arbitrators under section 49 of the Act,* it is recommended that the cancellation fee charged in a section 49* case be within the range established annually by the Association.
regardless of the period of notice, no cancellation fee is charged where the arbitrator is able to substitute another hearing and that hearing proceeds.
Fees charged by arbitrators where the parties settle during the hearing day may vary.
It is recommended that travel time not be charged unless travel to the hearing involves significant time. Arbitrators should follow the practice of most professionals to charge for travel time at a reduced rate.
When a hearing is cancelled outside the time period for which a cancellation fee is charged, it is the practice of some established arbitrators to charge a fee for time spent in the administration of the file, including correspondence, faxes, telephone calls, issuing subpoenas, making and cancelling hearing and travel arrangements as well as discussions with parties, counsel and nominees. It is recommended that where such fees are charged they not exceed 10% of the arbitrator's block fee for a single day of hearing and award, and that they be charged as part of the arbitrator's fee for service and not as a disbursement.
The Association suggests that no file fee be charged where a hearing proceeds and a fee for services rendered is charged or where a cancellation fee is charged, as the time expended on the file is generally considered to be a component of the block fee or the cancellation fee, as the case may be.
It is recommended that the normal cost of administering an arbitrator's office, including overhead such as secretarial salaries, rent, equipment and other expenses not be factored into an arbitrator's account as a disbursement, under the heading of "administrative costs" or otherwise. It is generally recognized that the fixed overhead incurred by an arbitrator is a factor included in his or her block fee for service, and is not charged under any other head of service or expense.
Disbursements are charges which relate directly to the file, such as the costs of travel, hearing room rentals, meals and accommodation as well as telephone calls, courier costs, faxes, photocopying and postage. Charges for disbursements must be limited to those costs which are actual and reasonable in the circumstances.
a) The schedule of fees filed by the arbitrator with the Office of Arbitration should contain a statement as to whether the arbitrator is willing to be bound by the fees mediation/arbitration service of the Ontario Labour-Management Arbitrators' Association, in the event of any unresolved complaint with respect to an account rendered.
b) The Fees Mediator of the Association shall issue a written report, annually, to all members of the Association, containing a brief outline of the complaints received during the fiscal year, and their disposition, whether through settlement or arbitration. The sole purpose of the report is to promote general understanding and consistency in the practices of the Association's members. Consequently, the report shall not name or directly or indirectly identify the parties or the arbitrator involved in any complaint.
c) Members of the Association should make all reasonable efforts to make the parties and their representatives aware of the fees guidelines of the Association, as well as the fees mediation/arbitration service administered by it.
See Also Section 2, Ontario Regulation 94/07
Revised November 16, 2011