Trained panelists, unrelated to the parties, render as many as 8 grievances in a one day hearing.
A Schedule 1 hearing consists of four panelists; two employer panelists and two union. These experienced labour and management representatives sit side by side and hear and render decisions based on the facts and evidence given. In both Schedules, decisions are final and binding. Outside legal counsel is not used and no case law permitted! The grievor is usually a witness who gets to say what happened as does the supervisor involved in the incident. This gives both sides the opportunity to have their “day-in-court”. Typical grievances brought before this Panel may include; discipline issues, job postings, overtime, work assignments and missed shift of work. The decisions are non-precedent setting but are final and binding! Under the Schedule 1 format, a majority of panel members can render a decision. If the Panel cannot reach a decision, which rarely happens, the grievance may then be referred to a Schedule 2 hearing or back to traditional arbitration. To date less than 2% of cases have ended in a deadlock. Panelists act in a more neutral fashion because their decisions are not precedent setting. Under a Schedule 1 hearing process, 4 to 8 grievances may be heard in one day. Decisions are reached on the day of the hearing and sent out to the parties within 48 hours. This results in lower costs, a quicker turn-around of grievances and equally as important, total control of the process by the parties, not the lawyers. Both Schedules can only be used by mutual agreement of the parties involved. This eliminates the fear of either party running to arbitration with frivolous issues. Experience has shown that the utilization of the CJGP can improve relations between the parties.