Who may put conciliation before the Labour Commission, and what must already be in place before the Commission may arbitrate the dispute?
General information · Not legal advice
Material to check
For this practice exercise, the file to read is the hearing record under the provision on hearings, any application for conciliation signed by both parties or by one of them, any note that the Commission opened the procedure on its own initiative, and the parties' prior agreement to follow an arbitration decision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gives conciliation a wide starting point: during the hearing process, the Labour Commission may open conciliation on an application from both related parties or from one of them alone, or on its own initiative, so a single party's request or the Commission's own step is enough.
Another reading marks arbitration as narrow: the Commission may arbitrate only where the related parties have agreed in advance to be bound by its arbitration decision and have applied for arbitration, so neither the Commission's initiative nor a request by one party alone puts an arbitration in scope.
Your judgment
How could the file show that the parties' agreement to follow an arbitration decision existed before the arbitration was applied for?
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 let the Labour Commission arbitrate without a prior agreement from the parties, or if a decision clarifies what form that prior agreement must take.