Who at the Central Labour Relations Commission decides whether a dispute goes to arbitration, and on what findings and within what period?
General information · Not legal advice
Material to check
In a practice file we read the notice given under the mediation provision and its date, since the period for the decision runs from the day that notice was received; the record of the mediation showing whether settlement still appeared possible; and the papers recording the opinions of the public-interest members.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the actor and the duty together: where the chairperson of the Central Labour Relations Commission finds that the mediation established by the preceding provision has no prospect of being reached, the chairperson must hear the public-interest members' opinions and then decide whether to refer the case to arbitration, so the duty is to decide, not a duty to refer.
Another reading marks the limits around that power: the decision is left to the chairperson of that Commission, and the decision must be made within the period the provision sets, counted from the day the notice given under the mediation provision was received; the provision does not say who may ask for the decision or what follows if that period lapses.
Your judgment
When the mediation record shows the parties agreed on some points but not others, how could the file show whether the mediation still had a prospect of succeeding?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may make the decision or the period it sets, or if a court decision explains when a finding of no prospect may be reviewed.