Acts and Regulations

82-92 - Rules of Procedure of the Labour and Employment Board

Full text
Current to 1 May 2024
NEW BRUNSWICK
REGULATION 82-92
under the
Industrial Relations Act
(O.C. 82-431)
Filed May 20, 1982
Under section 121 of the Industrial Relations Act, the Labour and Employment Board makes the following Rules:
2008-106
1(1)These Rules may be cited as the Rules of Procedure of the Labour and Employment Board - Industrial Relations Act.
1(2)In these Rules, unless the context otherwise requires,
“Act” means the Industrial Relations Act;(loi)
“Executive Committee” means the Executive Committee of the Board and includes the Executive Committee of the Construction Division;(comité exécutif)
“file” means to file with the Board;(déposer)
“person” includes a partnership, employer, employers’ organization, trade union and council of trade unions;(personne)
“respondent” means the person named in an application or complaint as a respondent or added as a respondent by the Board under section 73.(défendeur)
1(3)Where a period of time is prescribed by these Rules and expressed as a number of days, the period shall be computed as the number of days expressed exclusive of holidays and Sundays.
1(4)Where a time is prescribed by these Rules for any proceeding or for the doing of any act and the time expires or falls upon a holiday or Sunday, the time so limited extends to, and such thing may be done on, the day next following which is not a holiday or Sunday.
2008-106
I
APPLICATIONS
GENERAL
2When an application is made, the Chief Executive Officer shall fix a terminal date for the application which shall be not less than five and not more than twelve days, as directed by the Board, after
(a) the day on which the Chief Executive Officer serves the employer with the notices of application for posting, where they are served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mails the notices of application to the employer for posting, where they are served by mail.
CERTIFICATION
3An application for certification as bargaining agent shall be made in quadruplicate in Form 50-1701, provided by the Board.
2023, c.17, s.111
4(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1702, provided by the Board.
4(2)The Chief Executive Officer shall serve the respondent with:
(a) a copy of the application;
(b) a notice of application and of hearing in Form 50-1703, provided by the Board, or a notice of application in Form 50-1704, provided by the Board, as the case may be; and
(c) an appropriate number of notices of application in Form 50-1705, 50-1706 or 50-1707, provided by the Board, as the case may be, for posting.
2023, c.17, s.111
5(1)Where an applicant or an intervener has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Chief Executive Officer receives a statement of desire to make representations in opposition to the early application, or where an early application is opposed in a reply or intervention, or where the Board so directs, the Chief Executive Officer shall serve the applicant, the respondent, the intervener and the employee or representative of a group of employees named in the statement of desire with a notice of hearing on the request for consent in Form 50-1781, provided by the Board.
5(2)Where an applicant has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Board has granted consent to the early application, the Chief Executive Officer shall
(a) fix a date for the application for the purpose of paragraph 8 of Form 50-1704, provided by the Board, if a date has not been fixed, or fix a new date, if a date has been fixed,
(b) serve the applicant, the respondent, and the intervener, if any, with a notice of the fixing of the date in Form 50-1781, provided by the Board, and
(c) serve the respondent with an appropriate number of notices of application in Form 50-1706, provided by the Board, for posting.
2023, c.17, s.111
6Where an applicant has requested that a pre-hearing representation vote be taken and the Board has refused the request, the Chief Executive Officer shall
(a) fix a new terminal date for the application for the purposes of section 66,
(b) serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1702, provided by the Board,
(c) serve the respondent and the intervener, if any, with a notice of hearing in Form 50-1708, provided by the Board, and
(d) serve the respondent with an appropriate number of notices of application in Form 50-1705, provided by the Board, for posting.
2023, c.17, s.111
7(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning membership documents in Form 50-1709, provided by the Board.
7(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.
7(3)A declaration referred to in subsection (1) shall be made by a person or persons representing the applicant.
88-226; 2023, c.17, s.111
8(1)A respondent shall file a reply in quadruplicate in Form 50-1710, provided by the Board, not later than the terminal date for the application and the reply shall be accompanied by a copy of any existing or recently expired collective agreement that is or was recently binding upon the respondent in the bargaining unit claimed by either the applicant or the respondent to be appropriate.
8(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.
8(3)A verification of a list of employees shall be signed in accordance with section 135 of the Act.
2023, c.17, s.111
9(1)The Chief Executive Officer shall serve upon any union or council of trade unions named in the application or reply as claiming, or known to him as claiming, to be the bargaining agent of or to represent any employees who may be affected by the application a copy of the application and a notice of application in Form 50-1711, provided by the Board.
9(2)The Chief Executive Officer shall serve upon any employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application a copy of the application and a notice of application in Form 50-1711, provided by the Board.
9(3)A notice of application in Form 50-1711, provided by the Board, shall set out a request for consent to an early application, a request for a pre-hearing representation vote, a notice of hearing on a request for consent to an early application, a notice of filing of documents where the applicant is a council of trade unions and a notice for intervention, as the case may be.
2023, c.17, s.111
10(1)A trade union, a council of trade unions or an employers’ organization that is served with a notice of application or that claims to be the bargaining agent of any employees or to represent any employer, as the case may be, who may be affected by the application, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application and, if it fails so to file such intervention, it may be deemed by the Board to have abandoned any claim to represent any of the employees or employers, as the case may be, who may be affected by the application.
10(2)Where a trade union, council of trade unions or employers’ organization referred to in subsection (1) is or was recently a party to or bound by a recognition agreement or a collective agreement affecting the application or intervention, it shall file with the intervention a copy of the recognition agreement or collective agreement.
10(3)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.
2023, c.17, s.111
11(1)A trade union or council of trade unions desiring certification as bargaining agent of employees who may be affected by the application shall file an intervener’s application for certification in quadruplicate in Form 50-1713, provided by the Board, not later than the terminal date for the application and the intervener’s application shall be accompanied by a declaration concerning membership documents in Form 50-1709, provided by the Board.
11(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.
11(3)Section 2 does not apply to an intervener’s application.
11(4)Where the Board so directs, the Chief Executive Officer shall serve the employer with notices of the intervener’s application for posting.
2023, c.17, s.111
12(1)Where the applicant that has filed an application for certification or where the intervener that has filed an intervener’s application for certification is a council of trade unions, it shall file with the Chief Executive Officer, at the time the application or intervention is filed, the documents upon which it intends to rely to satisfy the Board that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.
12(2)Where the intervener that has filed an intervener’s application is an employers’ organization, it shall file with the Chief Executive Officer, at the time the intervention is made, the documents upon which it intends to rely to satisfy the Board that it represents an employer affected by the application or that it has an interest in this application.
RIGHT OF ACCESS
13(1)An application under subsection 4(3) of the Act for a permit granting a right of access shall be made in quadruplicate in Form 50-1714, provided by the Board.
13(2)Section 2 does not apply to an application under subsection (1).
13(3)A declaration made on the application under subsection (1) may be made by any officer of the applicant as prescribed in the form of declaration.
2023, c.17, s.111
14The Chief Executive Officer shall serve the respondent with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1715, provided by the Board.
2023, c.17, s.111
15(1)A respondent shall file his reply, in quadruplicate in Form 50-1716, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the respondent with the notice of application, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of application to the respondent, where it was served by mail.
15(2)When an applicant or a respondent requests a hearing on the application, or where the Board so directs, the Chief Executive Officer shall serve the applicant and the respondent with a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
TERMINATION OF BARGAINING RIGHTS
16An application for a declaration of termination of bargaining rights or of entitlement to represent employees shall be made in quadruplicate in Form 50-1717, provided by the Board.
2023, c.17, s.111
17(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1702, provided by the Board.
17(2)The Chief Executive Officer shall serve the respondent with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1718, provided by the Board.
17(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1719, provided by the Board, for posting.
17(4)The Chief Executive Officer shall serve an employers’ organization named in the application or reply as claiming to represent any employer who may be affected by the application with a copy of the application and a notice of application and of hearing in Form 50-1718, provided by the Board.
2023, c.17, s.111
18A respondent shall file a reply in quadruplicate in Form 50-1720, provided by the Board, not later than the terminal date for the application.
2023, c.17, s.111
19(1)Where an application within section 16 is made by a person other than the employer, the Chief Executive Officer shall serve the employer with a copy of the application and with a notice of application and of hearing in Form 50-1721, provided by the Board.
19(2)An employer, upon whom a copy of an application and a notice of application and of hearing are served, shall file his intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.
19(3)An employers’ organization, upon whom a copy of an application and a notice of application and of hearing are served, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.
2023, c.17, s.111
20(1)A respondent and an intervener shall file with the reply or intervention a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or intervener affecting the employees in the bargaining unit.
20(2)A respondent, when application is made in respect to section 29 of the Act, shall file with its reply a declaration concerning entitlement to represent the employees in the bargaining unit in Form 50-1722, provided by the Board.
20(3)An employer, when application is made in respect to section 29 of the Act, shall file with its intervention, or in any case where the Board so directs, a declaration as prescribed in Form 50-1722, provided by the Board, concerning the employees in the bargaining unit.
20(4)Where an application is made under subsection 23(1) or (2) or section 24 or 25 of the Act, the Chief Executive Officer, as directed by the Board, shall serve upon the respondent or on an employer who is an applicant, or both, a notice in Form 50-1781, provided by the Board, prescribing a date for the return of membership lists or employee lists, as the case may be, setting out such particulars as may be directed in the notice.
20(5)Where a trade union, council of trade unions, employer or employers’ organization served with a notice of application does not file a reply or intervention, as the case may be, it may be deemed by the Board to have abandoned its claim to represent any of the employees or employers, as the case may be, affected by the application and the Board may dispose of the application without further notice to such trade union, council of trade unions, employer or employers’ organization.
20(6)Where a respondent or an employer served with a notice under subsection (4) does not make a return in accordance with the subsection, the Board may dispose of an application under section 24 or 25 of the Act on the evidence before it without further notice to the respondent or employer, as the case may be.
2023, c.17, s.111
SUCCESSOR RIGHTS - TRADE UNION
21An application for a declaration concerning the status of a successor trade union or council of trade unions shall be made in quadruplicate in Form 50-1723, provided by the Board.
2023, c.17, s.111
22(1)The Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1724, provided by the Board, upon:
(a) the respondent;
(b) the trade union named in the application as the predecessor trade union or council of trade unions;
(c) the employer, where the respondent named in the application is a person other than the employer; and
(d) the employers’ organization named in the application or reply.
22(2)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1725, provided by the Board, for posting.
2023, c.17, s.111
23A respondent, a trade union, a council of trade unions, an employer or an employers’ organization served under section 22 with a notice of application shall file a reply in quadruplicate in Form 50-1726, provided by the Board, not later than the terminal date for the application.
2023, c.17, s.111
24(1)Where a party requests a hearing by the Board of an application under section 21, he shall set out in the application or reply, as the case may be, a concise statement of:
(a) the material facts upon which he proposes to rely at the hearing;
(b) the relief to which he claims to be entitled by reason of such facts; and
(c) the submissions he proposes to make in support of a claim for relief.
24(2)Any employee or group of employees affected by an application under section 21 who desires to make representations in opposition to the application shall file a statement of desire as prescribed in Form 50-1725, provided by the Board, not later than the terminal date for the application.
24(3)Where no reply has been filed as required by section 23 and no statement of desire to make representations has been filed in the form and manner required by subsection (2), or any such reply or statement that has been filed does not state that a party, employee or representative of a group of employees, or a trade union or council of trade unions or employer or employers’ organization desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to any party or to the employees or to the trade union, council of trade unions, employer or employers’ organization.
24(4)Where a party or an employee or the representative of a group of employees, or of a trade union or council of trade unions, or an employer or employers’ organization requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such employee or representative of a group of employees with a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
SUCCESSOR RIGHTS - SALE OF A BUSINESS
25An application under section 60 of the Act, subject to the provision made in section 34 of these Rules, shall be made in quadruplicate in Form 50-1727, provided by the Board.
2023, c.17, s.111
26(1)The Chief Executive Officer shall serve the respondent, any trade union, council of trade unions, employer or employers’ organization named in the application as affected by the application and the employer who it is claimed has sold his business with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1728, provided by the Board.
26(2)The Chief Executive Officer shall serve the person to whom it is claimed the business has been sold with an appropriate number of notices of application in Form 50-1729, provided by the Board, for posting.
26(3)The Chief Executive Officer shall serve the applicant with a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
27(1)The respondent shall file a reply in quadruplicate in Form 50-1730, provided by the Board, not later than the terminal date for the application.
27(2)Any other trade union, council of trade unions, or employer, or employers’ organization or other person served under section 26 with a notice of application and of hearing shall file an intervention in quadruplicate in Form 50-1731, provided by the Board, not later than the terminal date for the application.
27(3)Where no reply or intervention is filed in accordance with this section, the Board may dispose of the application on the evidence before it without further notice to the person failing to make a reply or intervention, as the case may be.
2023, c.17, s.111
28(1)Any employee or group of employees affected by an application under section 25 who desires to make representations in connection with the application shall file a statement of desire to make representations and such statement shall:
(a) be in writing, signed by the person making the statement or his representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a concise summary of the representations.
28(2)Where no statement of desire to make representations has been filed in the form and manner required in subsection (1), the Board may dispose of the application upon the material before it without further notice to the employees.
DECLARATION THAT STRIKE OR LOCKOUT IS UNLAWFUL
29(1)An application for a declaration that a strike is unlawful shall be made in quadruplicate in Form 50-1732, provided by the Board.
29(2)An application for a declaration that a lockout is unlawful shall be made in quadruplicate in Form 50-1733, provided by the Board.
29(3)Section 2 does not apply to an application under subsection (1) or (2).
2023, c.17, s.111
30(1)The Chief Executive Officer shall serve each respondent with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1734, provided by the Board.
30(2)The Chief Executive Officer shall serve any employer or employers’ organization named in an application, or any trade union or council of trade unions known to him as claiming an interest in the application, with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1734, provided by the Board.
2023, c.17, s.111
31A respondent or any person or party referred to in section 30 may reply or intervene by filing his reply or intervention in quadruplicate in Form 50-1735, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the respondent with the notice of application, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of application to the respondent, where it was served by mail.
2023, c.17, s.111
CONSENT TO INSTITUTE PROSECUTION
32(1)An application for consent to institute a prosecution under section 113 of the Act shall be made in quadruplicate in Form 50-1736, provided by the Board.
32(2)Section 2 does not apply to an application under subsection (1).
32(3)The Chief Executive Officer shall serve each respondent with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1737, provided by the Board.
2023, c.17, s.111
33A respondent may reply by filing his reply in quadruplicate in Form 50-1738, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the respondent with the notice of application, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of application to the respondent, where it was served by mail.
2023, c.17, s.111
MISCELLANEOUS APPLICATIONS
34(1)An application made under subsection 21(4), section 22, subsection 23(9), 33(3), 35(4), 52(3), 55(4), 57(5), 59(1), 60(13), 107(3) or 143(3) of the Act shall be made in quadruplicate in Form 50-1739, provided by the Board.
34(2)Section 2 does not apply to an application under subsection (1).
34(3)The Chief Executive Officer shall serve the employer and each person named in the application as affected by the application with a copy of the application and a notice of application in Form 50-1740, provided by the Board, as the case may be.
34(4)The Chief Executive Officer shall provide the employer with an appropriate number of notices of application in Form 50-1741, provided by the Board, for posting.
88-226; 2023, c.17, s.111
35(1)A person served with a copy of the application and a notice of application under subsection 34(3), or that claims to be affected by the application, shall file its reply or intervention, if any, in quadruplicate in Form 50-1742, provided by the Board, not later than the terminal date for the application and if it fails to file such reply or intervention, it may be deemed by the Board to have abandoned its interest in respect to the application.
35(2)Where a trade union, council of trade unions, employer or employers’ organization within subsection 34(1) claims to be a party to or bound by an existing or recently expired recognition agreement or collective agreement affecting the application, it shall file with its application, reply or intervention a copy of the recognition agreement or collective agreement.
35(3)Where an applicant, a respondent, an intervener or an employee or the representative of a group of employees requests a hearing on an application, a reply, an intervention or in a statement of desire, as the case may be, filed not later than the terminal date prescribed, in accordance with the form and manner prescribed or where the Board so directs, the Chief Executive Officer shall serve on each such person a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
COMPLAINTS
Financial Statements
36(1)A complaint that a trade union has failed upon request to furnish a member with a copy of the audited financial statement of its affairs, as specified in section 139 of the Act, shall be made in quadruplicate in Form 50-1743, provided by the Board.
36(2)Section 2 does not apply to a complaint under subsection (1).
36(3)The Chief Executive Officer shall serve the trade union with a copy of the complaint and a notice of complaint in Form 50-1744, provided by the Board.
2023, c.17, s.111
37The trade union shall file its reply in quadruplicate in Form 50-1745, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the trade union with the notice of complaint, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of complaint to the trade union, where it was served by mail.
2023, c.17, s.111
38Where, after the expiration of the time for reply fixed by section 37, the complainant informs the Board that the trade union has not furnished the complainant with a copy of the financial statement or where the trade union in its reply claims that the applicant is not entitled to be furnished with such a statement, the Chief Executive Officer shall serve each of the parties with a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
COMPLAINT OF UNFAIR PRACTICE
39A complaint under section 106 of the Act, except a complaint under subsection (8) thereof, shall be made in quadruplicate in Form 50-1746 or Form 50-1747, provided by the Board, as the case may be.
2023, c.17, s.111
40(1)Where a complaint is filed under section 39, the Chief Executive Officer may refer the complaint to the Board or cause an inquiry to be made under subsection 106(2) of the Act.
40(2)Section 2 does not apply to a complaint made under section 39.
40(3)Where a complaint is referred to the Board or an inquiry is caused to be held, the Chief Executive Officer shall deliver a copy of the complaint to:
(a) the person against whom the complaint is made;
(b) each interested person named in the complaint; and
(c) such other persons as the Board may direct;
and serve each such person with a notice of complaint in Form 50-1748, provided by the Board.
40(4)Where a person is appointed to inquire into a complaint, notice of the name of the person so appointed and of the date and place of the inquiry shall be served in Form 50-1748, provided by the Board, on the persons referred to in subsection (3).
40(5)Where an inquiry is to be made by the Chief Executive Officer, notice of the date and place of the inquiry shall be served in Form 50-1748, provided by the Board, on the persons referred to in subsection (3).
40(6)Where a complaint is referred to the Board under subsection (1), the Chief Executive Officer shall serve the complainant with a notice of hearing in Form 50-1708, provided by the Board, and shall serve each of the persons referred to in subsection (3) with a notice of the hearing in Form 50-1748, provided by the Board.
40(7)Where an inquiry is to be held by the Chief Executive Officer or by a person appointed by him, the Chief Executive Officer shall serve the complainant in Form 50-1748, provided by the Board, with the particulars expressed in subsection (4) or (5), as may be applicable.
2023, c.17, s.111
41(1)The person against whom the complaint is made shall file his reply, if any, in quadruplicate in Form 50-1749 provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the notice of hearing or inquiry, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of hearing or inquiry, where it was served by mail.
41(2)A person, other than the person against whom the complaint is made, who has been served with a copy of the complaint and notice of hearing, shall file his intervention, if any, in quadruplicate in Form 50-1750, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the notice of hearing or inquiry, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of hearing or inquiry, where it was served by mail.
41(3)The Chief Executive Officer shall refer a copy of the reply or intervention made under subsection (1) or (2) to the person authorized to make an inquiry.
2023, c.17, s.111
42(1)The Chief Executive Officer shall serve a copy of the report of an inquiry within subsection 40(7) together with a notice of the report in Form 50-1751, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.
42(2)Where the report of an inquiry within subsection (1) includes a report of a settlement of the matters in issue and where the Board has decided that it is unnecessary to proceed with an inquiry before the Board, the Chief Executive Officer shall serve a copy of the report of the inquiry together with a notice that the Board intends to terminate the inquiry in Form 50-1751, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.
42(3)Any person served with a notice of the report of an inquiry who desires to make representations concerning the report or a disposition proposed shall file a statement of desire as prescribed in Form 50-1752, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the person with the notice of report, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of report to the person, where it was served by mail.
42(4)Where the Chief Executive Officer receives a statement of desire to make representations in the form and manner required in this section or where the Board so directs, the Chief Executive Officer shall serve the complainant and each of the persons served with the complaint with a notice of hearing by the Board in Form 50-1708, provided by the Board.
2023, c.17, s.111
43(1)Where the Board has directed an inquiry or further inquiry pursuant to subsection 106(2) of the Act, or directed an inquiry under subsection 106(3) of the Act, the Chief Executive Officer shall notify the complainant and any person referred to in subsection 40(3) of the direction or inquiry in Form 50-1748, provided by the Board.
43(2)Subsections 40(4) to (7) inclusive and section 41 apply, as may be applicable, to a direction or inquiry under subsection (1).
2023, c.17, s.111
OTHER COMPLAINTS
44A notification to the Board made under subsection 106(8) of the Act may be made in Form 50-1753, provided by the Board.
2023, c.17, s.111
45(1)A referral of a complaint to the Board made under section 107 of the Act may be made in Form 50-1754, provided by the Board.
45(2)Where a complaint within subsection (1) is referred to the Board, the Chief Executive Officer shall serve
(a) the complainant,
(b) the person against whom the complaint is made,
(c) each interested person named in the complaint, and
(d) such other persons as the Board directs,
with a copy of the complaint and a notice of referral in Form 50-1755, provided by the Board.
45(3)A person served with a notice of referral in Form 50-1755, provided by the Board, shall file a reply in quadruplicate in Form 50-1756, provided by the Board.
45(4)Where the Chief Executive Officer receives a request for a hearing on the referral or where the Board so directs, the Chief Executive Officer shall serve each of the persons who has filed a reply in accordance with subsection (3) with a notice of hearing in Form 50-1708, provided by the Board, and, as the Board directs, shall serve such notice on any person served with a notice of referral.
45(5)Section 2 does not apply to a referral under this section.
2023, c.17, s.111
46A referral to the Attorney General of an alleged offence made under subsection 113(5) of the Act may be made by the Board in Form 50-1757, provided by the Board.
2006, c.16, s.90; 2023, c.17, s.111
JURISDICTIONAL DISPUTES AND RELATED MATTERS
47(1)A complaint to the Board made under section 83 of the Act shall be made in quadruplicate in Form 50-1758, provided by the Board, and shall set out the relief requested under section 83, 84, 85, 86, 87 or 89 of the Act.
47(2)An application to the Board made under subsection 87(3) of the Act, where the relief is not requested under subsection (1) of this section, shall be made in quadruplicate in Form 50-1759, provided by the Board.
47(3)An application to the Board made under section 89 of the Act shall be made in quadruplicate in Form 50-1758, provided by the Board.
47(4)An application to the Board made under subsection 87(1) or 88(3) of the Act to amend, vary or revoke an order, interim order or direction shall be made in quadruplicate in Form 50-1758, provided by the Board.
47(5)Section 2 does not apply to a complaint or application made under this section.
2023, c.17, s.111
48(1)Where a complainant has requested that a complaint be referred to a designated jurisdictional representative or to a tribunal under subsection 84(1) or 85(1) of the Act, or where such complaint is to be referred under the provision made in the Act, the Chief Executive Officer, or such person as may be designated by him, shall immediately notify the designated jurisdictional representative or tribunal by telephone and telegram of the filing of the complaint and the Chief Executive Officer shall serve a notice thereof in Form 50-1760, provided by the Board, on the designated jurisdictional representative or tribunal.
48(2)Where a complaint within subsection (1) is referred to designated jurisdictional representatives or to a tribunal, the Chief Executive Officer shall serve a copy of the complaint and a notice of such referral in Form 50-1760, provided by the Board, upon each of the persons named in the complaint as being affected by the complaint and a notice of the referral shall be served on the complainant in Form 50-1760, provided by the Board.
2023, c.17, s.111
49(1)Where a complaint is not referred to designated jurisdictional representatives or to a tribunal, the Chief Executive Officer shall serve a copy of the complaint and a notice of complaint in Form 50-1760, provided by the Board, on the respondent and on any person named in the complaint as being affected by the complaint.
49(2)A notice of hearing in Form 50-1708, provided by the Board, shall be served on the complainant.
2023, c.17, s.111
50(1)Where an application to the Board is made under subsection 47(3), the Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1760, provided by the Board, on the respondent and on any person named in the application as being affected by the application.
50(2)Where an application to the Board is made under subsection 47(4), the Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1760, provided by the Board, on the respondent and on any person named in the application as being affected by the application.
50(3)A notice of hearing in Form 50-1708, provided by the Board, shall be served on the applicant.
2023, c.17, s.111
51(1)Where a complainant or any person affected by a work assignment has requested that the Board issue an interim order under subsection 87(1) of the Act, the Chief Executive Officer shall give notice of such request by telegram or by personal service to the complainant, the respondent and each person named in the complaint or request as being affected by the complaint or request and the notice shall fix a date, which shall be not less than two and not more than twelve days, as directed by the Board, from the date on which the Chief Executive Officer sends the telegram or effects personal service, as the case may be, on which the Board shall consult with the persons that in its opinion are concerned in the request.
51(2)Where the Chief Executive Officer gives a notice under subsection (1) by telegram, particulars of the notice shall subsequently be served in Form 50-1781, provided by the Board.
51(3)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to appear before the Board at the time fixed in the notice, the Board may dispose of the request for an interim order without further notice to such person.
2023, c.17, s.111
52(1)Where an application is made under subsection 47(2), the Chief Executive Officer shall serve upon the applicant, the respondent and each person named by the applicant as being affected by the application by telegram or by personal service, a notice of the making of the application and the notice shall fix a date, which shall be not less than two days and not more than twelve days, as directed by the Board, from the date on which the Chief Executive Officer sends the telegram or effects personal service, as the case may be, for a hearing of the application.
52(2)The Chief Executive Officer shall serve a copy of the application upon the respondent and each person given notice of the application under subsection (1).
52(3)Where the Chief Executive Officer gives a notice by telegram under subsection (1), particulars of the notice shall subsequently be served in Form 50-1781, provided by the Board.
52(4)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to appear before the Board at the time fixed in the notice, the Board may dispose of the application without further notice to such person.
2023, c.17, s.111
53(1)Where a strike is imminent or is taking place by reason of the requirement as to assignment of work or by reason of the assignment of work, a request for an interim order respecting work assignment or an application for a direction that a person cease and desist from doing anything intended or likely to interfere with the terms of an interim order or direction respecting work assignment may be made to the Board by telegram, but, in such an event, the complaint or application in Form 50-1758 or 50-1759, provided by the Board, as the case may be, shall be mailed to the Board by registered mail on the day on which the telegram is sent or on such day as the Board may allow.
53(2)A request or application made under subsection (1) shall not be deemed to be invalid by reason of its failure to conform to the requirements of section 47 or Form 50-1758 or 50-1759, provided by the Board, but the Board may issue such direction as it deems necessary for the further processing of the request or complaint.
2023, c.17, s.111
54(1)Every person served with a notice of complaint or application under section 49 or 50 shall file a reply in quadruplicate in Form 50-1761, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the notice of complaint or application, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of complaint or application, where it was served by mail.
54(2)Every person served with a notice of complaint who is not within subsection (1) shall file a reply in quadruplicate in Form 50-1761, provided by the Board, within such time, being not less than two days, as the Chief Executive Officer shall fix or as the Board may direct.
54(3)Every person served with a notice of application under section 52 shall file a reply in quadruplicate in Form 50-1761, provided by the Board, within such time, being not less than two days, as the Chief Executive Officer shall fix or as the Board may direct.
2023, c.17, s.111
55A complainant or applicant shall file, together with his complaint or application, and every person served with a notice of complaint or of application shall file, together with his reply,
(a) any union constitution,
(b) any collective agreement,
(c) any agreement or understanding between trade unions as to their respective jurisdictions on work assignments,
(d) any agreement or understanding between a trade union and any employer as to work assignment,
(e) any decision of any tribunal respecting work assignment, and
(f) any other document,
relating to the work in dispute which may be in his possession and upon which he proposes to rely in support of his claim for relief or his claim that the relief requested should not be granted, as the case may be, and a statement as to any area or trade practice relating to the work in dispute, and pictures, diagrams or drawings of the disputed work.
56(1)When a settlement concerning a work assignment made under subsection 84(4) or section 88 of the Act is received by the Board, the Board may consult with the designated jurisdictional representatives or tribunal by telephone or telegram and notification of any clarification as may be required in the report may be given to the designated jurisdictional representatives or tribunal in Form 50-1762, provided by the Board.
56(2)The Chief Executive Officer shall serve upon the complainant, the respondent and each person named by the complainant as being affected by the settlement by telegram or by personal service, a notice of the receiving of the report of a settlement and shall fix a date, which shall be not less than four days and not more than six days, as directed by the Board from the date on which the telegram is sent or personal service effected, as the case may be, for a reply setting out any clarifications that may be required.
56(3)The Chief Executive Officer shall serve, upon each of the persons referred to in subsection (2), a copy of the report of the settlement concerning a work assignment and a notice of clarification in Form 50-1762, provided by the Board.
56(4)A reply to a notification given under this section shall be filed in quadruplicate in Form 50-1763, provided by the Board, not later than the terminal date.
56(5)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to file a reply within the time fixed in the notice, the Board may dispose of the matter without further notice to such person.
56(6)Where a hearing is requested in a reply filed in accordance with this section or where the Board so directs, the Chief Executive Officer shall serve a notice of hearing in Form 50-1708, provided by the Board, upon each of the persons who has filed a reply within the time prescribed.
2023, c.17, s.111
REFERRALS
57(1)A referral to the Board made under subsection 94(4) or (5) of the Act or under subsection 95(6), (7) or (8) of the Act shall be made in quadruplicate in Form 50-1764, provided by the Board.
57(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-1765 provided by the Board, on each person named in the referral as affected by the referral.
57(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of the referral in Form 50-1766, provided by the Board, for posting.
57(4)A person served under subsection (2) shall file a reply in quadruplicate in Form 50-1767, provided by the Board, not later than the terminal date for the referral.
57(5)Where no reply has been filed as required in subsection (4) and no statement of desire to make representations has been filed in the form and manner prescribed in subsection (3), or any such reply or statement that has been filed does not state that the party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the referral upon the material before it without further notice to the party or employees.
57(6)Where a party or an employee or the representative of a group of employees requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such employee or representative of a group of employees with a notice of hearing in Form 50-1708, provided by the Board.
57(7)Section 2 does not apply to a referral under this section.
2023, c.17, s.111
58(1)A question under section 129 of the Act may be referred to the Board in Form 50-1768, provided by the Board.
58(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-1755, provided by the Board, on each person named in the referral as affected by the referral.
58(3)A person served with a notice under subsection (2) shall file a reply in quadruplicate in Form 50-1756, provided by the Board, not later than the terminal date fixed for the referral.
58(4)Where no reply has been filed as required in subsection (3), or any such reply that has been filed does not state that the person desires a hearing before the Board, the Board may dispose of the question referred upon the material before it without further notice to the party.
58(5)Where a party requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties with a notice of hearing in Form 50-1708, provided by the Board.
58(6)Section 2 does not apply to a referral under this section.
2023, c.17, s.111
EXAMINERS
59(1)In this section
“examiner” means a person authorized by the Board to do any of the things that may be done by an examiner under section 125 of the Act and includes a person authorized by the Board to inquire into and report upon any matter arising out of a proceeding before the Board, other than a person making an inquiry referred to in section 40.
59(2)An examiner shall file his report immediately upon its completion and, where the Board so directs, the Chief Executive Officer shall serve upon each of the parties to the proceeding, and upon any employee or representative of a group of employees who appeared at the proceedings, a copy of the report and a notice of the report in Form 50-1769, provided by the Board.
59(3)Any person who is served with a notice of the report and desires to make representations concerning the report shall file a statement of desire as prescribed in Form 50-1769, provided by the Board, not later than the sixth day after
(a) the day on which the Chief Executive Officer served the notice of the report, where it was served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mailed the notice of the report, where it was served by mail.
59(4)Where no statement of desire to make representations has been filed in the form and manner required by subsection (3), or any such statement that has been filed does not state that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to the party or to the employees.
59(5)Where the Chief Executive Officer receives a statement of desire to make representations filed in the form and manner required by this section and the person filing such statement states that he desires a hearing or where the Board so directs, the Chief Executive Officer shall serve each of the parties to the proceeding with a notice of hearing in Form 50-1708, provided by the Board.
2023, c.17, s.111
REPRESENTATION VOTES
60Where the Board directs the taking of a representation vote and refers the matter to the Chief Executive Officer, the Chief Executive Officer may, subject to the provisions of the reference,
(a) settle the list of employees to be used for the purposes of the vote,
(b) settle the form of the ballot,
(c) settle the date and hour for the taking of the vote,
(d) set the number and location of the polling places,
(e) prepare notices of the taking of the vote in Form 50-1770, provided by the Board, or in the substance thereof as may be applicable and direct posting thereof by the employer on his premises,
(f) act as the returning officer or appoint a returning officer,
(g) appoint such deputy returning officers and scrutineers as he deems necessary,
(h) give any direction he deems necessary for the disposition of improperly marked ballots and of ballots of persons whose eligibility to vote has been challenged by a party or is in doubt and generally for the proper conduct of the vote,
(i) take the vote by secret ballot on the premises of the employer during working hours if practicable or, if not practicable, in any other manner or place approved by the Board, and
(j) direct all interested persons to refrain and desist from propaganda and electioneering during the day or days the vote is taken and for seventy-two hours before the day on which the vote is commenced.
2023, c.17, s.111
61(1)Subject to subsection (2), the returning officer shall, upon the completion of the vote:
(a) prepare a report of the vote;
(b) serve a copy of the report together with a notice of the report in Form 50-1771, 50-1772 or 50-1773, provided by the Board, as the case may be, upon each of the parties;
(c) serve the employer with an appropriate number of copies of the report and the notice; and
(d) file a copy of the report.
61(2)Where the Board or the Chief Executive Officer directs that the ballot box be sealed and that the ballots be not counted pending a further direction by the Board and the Board subsequently directs that the ballots be counted, the returning officer shall, upon completion of the counting of the ballots:
(a) prepare a report of the votes;
(b) serve a copy of the report with a notice of the report in Form 50-1774, provided by the Board, upon each of the parties;
(c) serve the employer with an appropriate number of copies of the report and the notice; and
(d) file a copy of the report.
61(3)The employer shall post the copies of the report and notice immediately upon their receipt and keep them posted upon his premises in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application until the expiration of the sixth day after the day on which the returning officer served the employer with copies of the report and the notice.
61(4)Immediately after the employer has posted the copies of the report and notice under subsection (3), he shall file a return of posting in Form 50-1775, provided by the Board.
2023, c.17, s.111
62(1)Subject to subsection (3), where a representation vote is taken after the hearing of an application,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations as to any matter relating to the representation vote or as to the accuracy of the report of the returning officer or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1771 or 50-1773, provided by the Board, as the case may be, on or before the last day for the posting of the copies of the report and notices under subsection 61(3).
62(2)Subject to subsection (3), where a pre-hearing representation vote is taken,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations in connection with the application or as to any matter relating to the representation vote or as to the accuracy of the report of the returning officer or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1772 or 50-1773, provided by the Board, as the case may be, on or before the last day for the posting of copies of the report and notices under subsection 61(3).
62(3)Where a representation vote is taken in connection with a direction that the ballot box be sealed and the Board subsequently directs that the ballots be counted,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations as to the accuracy of the report of the returning officer on the counting of the ballots or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1774, provided by the Board, on or before the last day for the posting of the copies of the report and notices under subsection 61(3).
62(4)Upon receiving a statement of desire to make representations in the form and manner required by this section that contains a statement that a party or any employee or representative of a group of employees desires a hearing before the Board or in any case where the Board so directs, the Chief Executive Officer shall serve a notice of hearing in Form 50-1708, provided by the Board, upon each of the parties to the proceedings and upon each person who has filed a statement.
62(5)Where no statement of desire to make representations has been filed in the form and manner required by this section, or no such statement that has been filed states that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material then before it without further notice to any party or to the employees.
2023, c.17, s.111
DISMISSAL WITHOUT A HEARING
63(1)Where an application or complaint does not, in the opinion of the Board, make out a prima facie case for the remedy requested, the Board may dismiss the application or complaint without a hearing and it shall in its decision state the reason for the dismissal.
63(2)The applicant or complainant may within ten days after he is served with the decision of the Board under subsection (1) request the Board to review its decision in Form 50-1739, provided by the Board.
63(3)A request for review under this section shall contain a concise statement of the facts and reasons upon which the applicant relies.
63(4)Upon a request for review being filed, the Board may
(a) direct that the application or complaint be reopened and proceeded with by the Board in accordance with the provisions applicable thereto,
(b) direct the Chief Executive Officer to serve the applicant and any other person who in the opinion of the Board may be affected by the application or complaint with a notice of hearing in Form 50-1781 provided by the Board, to show cause why the application or complaint should be reopened, or
(c) confirm its decision dismissing the application or complaint.
83-204; 2023, c.17, s.111
RECONSIDERATION OF A DECISION
64(1)An application made under section 131 of the Act, other than an application within subsection 47(4) or section 63 of these Rules, shall be made in quadruplicate in Form 50-1739, provided by the Board.
64(2)Upon an application being filed under subsection (1), the Board may
(a) direct the Chief Executive Officer to serve the applicant and any other person who in the opinion of the Board may be affected by the application with a notice of hearing in Form 50-1781, provided by the Board, to show cause why the matter of the application should be reopened,
(b) direct that the matter be proceeded with in the manner and form prescribed in sections 34 and 35, so far as the provisions may be applicable thereto,
(c) direct that the matter be reopened and proceeded with by the Board in accordance with the provisions applicable thereto, or
(d) confirm its decision dismissing the application.
2023, c.17, s.111
PARTICULARS
65(1)Where a person intends to allege, at the hearing of an application or complaint, improper or irregular conduct by any person, he shall
(a) include in the application or complaint, or
(b) file a notice of intention that shall contain,
a concise statement of the material facts, actions and omissions upon which he intends to rely as constituting such improper or irregular conduct, including the time when and the place where the actions or omissions complained of occurred and the names of the persons who engaged in or committed them, but not the evidence by which the material facts, actions or omissions are to be proved, and, where he alleges that the improper or irregular conduct constitutes a violation of any provision of the Act, he shall include a reference to the section or sections of the Act containing such provision.
65(2)Where, in the opinion of the Board, a person has not filed notice of intention promptly upon discovering the alleged improper or irregular conduct, he shall not adduce evidence at the hearing of the application of such facts, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.
65(3)Where a statement in an application or complaint or in any document filed under these Rules in respect of the application or complaint is so indefinite or incomplete as to hamper any person in the preparation of his case, the Board may, upon the request of the person made promptly upon receipt of the application, complaint, or document, direct in Form 50-1781, provided by the Board, that the information stated be made specific or complete and, if the person so directed fails to comply with the direction, the Board may strike the statement from the application, complaint or document.
65(4)No person shall adduce evidence at the hearing of an application or complaint of any material fact that has not been included in the application or complaint or in any document filed under these Rules in respect of the application or complaint, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.
2023, c.17, s.111
EVIDENCE AS TO REPRESENTATION
66(1)Evidence of membership in a trade union or of objection by employees to certification of a trade union or council of trade unions or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall not be accepted by the Board on an application for certification or for a declaration terminating bargaining rights unless the evidence is in writing, signed by the employee or each member of a group of employees, as the case may be, and
(a) is accompanied by
(i) the return mailing address of the person who files the evidence, objection or signification, and
(ii) the name of the employer; and
(b) is filed not later than the terminal date for the application.
66(2)No oral evidence of membership in a trade union or of objection by employees to certification of a trade union or council of trade unions or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).
66(3)Any employee or group of employees affected by an application for certification or for a declaration terminating bargaining rights and desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the terminal date for the application, but this subsection does not apply where the Board grants a request that a pre-hearing representation vote be taken.
66(4)An employee or group of employees who has filed a statement of desire in the form and manner required by this section may appear and be heard at the hearing or, in the case of an application to which sections 82 to 102 inclusive apply, at any hearing directed by the Board, in person or by a representative.
66(5)The Board may dispose of the application without considering the statement of desire of any employee who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to
(a) the circumstances concerning the origination of the statement of desire, and
(b) the manner in which each signature on the statement of desire was obtained.
SERVICE
67(1)Where a notice of hearing in Form 50-1708 or 50-1781, provided by the Board, is required to be served, it shall be served not less than two days before the day fixed for the hearing.
67(2)Where any person served with a notice of hearing fails to attend the hearing or any adjournment thereof, the Board may proceed in his absence.
2023, c.17, s.111
68(1)Where a document is required to be filed by these Rules, filing shall be deemed to be made
(a) at the time it is received by the Board, or
(b) where it is mailed by registered mail addressed to the Board at its office at 435 King Street, Suite 200, Fredericton, New Brunswick, E3B 1E5, at the time it is mailed.
68(2)Where a document is required to be served by these Rules, the service may be made in accordance with the provisions expressed in the Act.
68(3)Where on a form prescribed by these Rules a party or a person is required to complete the address for service of another party or person, it shall not be a defect on the return of the form if the address for service of such party or person is not completed where such address is unknown to the party or person completing the form and it shall be a sufficient compliance with the form if the usual address is set out.
68(4)Where on a form prescribed by these Rules provision is made for a request for additional copies of documents, compliance with the request is in the discretion of the Board and shall not be deemed a procedural requirement.
2008-106
69(1)The Chief Executive Officer shall serve each of the parties to a proceeding with a copy of each reply, intervention, intervener’s application for certification, statement of desire to make representations or notice of intention to make allegations of improper or irregular conduct, filed in the proceeding.
69(2)Upon receipt of a statement of desire by an employee or a group of employees to make representations in opposition to an application under these Rules, the Chief Executive Officer shall inform in writing the applicant, the respondent and the intervener, if any, of the nature thereof in Form 50-1781, provided by the Board.
2023, c.17, s.111
70(1)Where the Chief Executive Officer serves an employer with notices of application for posting, the employer shall post the notices immediately upon their receipt and keep them posted upon his premises in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application until the expiration of the terminal date for the application.
70(2)Immediately after the employer has posted the notices under subsection (1), he shall file a return of posting in Form 50-1775, provided by the Board.
2023, c.17, s.111
71(1)Where a trade union or council of trade unions that makes an application for certification or for a declaration concerning the status of a successor trade union or council of trade unions or that files an intervention has not been found by the Board to be a trade union or council of trade unions within the meaning of the definition of “trade union” or “council of trade unions” in subsection 1(1) of the Act, as the case may be, in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon any trade union or council of trade unions upon whom he is required to effect service under subsection 9(1) or 91(1) a notice to that effect in Form 50-1781, provided by the Board, and he shall also attach such a notice to any notice to employees of the making of an application that an employer is required to post under section 4, 5, 6, 11, 22, 26, 86, 89 or 93 and to any other notice to employees of the making of an application as the Board may direct.
71(2)Where an employers’ organization in any proceeding has not been found by the Board to be an employers’ organization within the meaning of the definition of “employers’ organization” in subsection 1(1) of the Act in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon an employers’ organization upon whom he is required to effect service under subsection 9(2) or 91(2) a notice to that effect in Form 50-1781, provided by the Board, and he shall also, as the Board may direct, attach such a notice to any notice to employees of the making of an application that an employer is required to post under these Rules.
2023, c.17, s.111
RETURNS, NOTICES AND SUMMONS
72(1)A notice requiring the filing of a document under subsection 31(3), 34(6), 37(3) or (4) of the Act may be given in Form 50-1776, provided by the Board.
72(2)A document within subsection 31(3), 34(6), 37(3) or (4), 99(3), 134(2) or (4) or 139(3) of the Act shall be filed with the Board in Form 50-1777, provided by the Board.
72(3)A declaration under subsection 1(4) of the Act shall be filed with the Board in Form 50-1778, provided by the Board.
72(4)A notice of a designation made under section 82 of the Act shall be filed in Form 50-1779, provided by the Board.
72(5)A notice of a designation made under section 134 of the Act shall be filed in Form 50-1780, provided by the Board.
72(6)A notification by the Board, where a form is not otherwise prescribed, may be made in Form 50-1781, provided by the Board.
72(7)A summons to a witness shall be in Form 50-1782 or 50-1783, provided by the Board, as the case may be.
2023, c.17, s.111
GENERAL
73The Board may direct that any person be added as a party to a proceeding, or be served with any document, as the Board considers advisable.
74Where under these Rules a notice is to be given by the Chief Executive Officer and a time is to be prescribed in the form, or where under these Rules a notice is to be given of a date fixed for a procedure, or where under these Rules a terminal date is to be prescribed in a form and the fixing of the time or date or terminal date is not otherwise provided for in these Rules, the Chief Executive Officer, as directed by the Board, shall fix the time, or date, or the terminal date, as the case may be.
75(1)The Board may dispose of an application or complaint without further notice to anyone who has not filed a document in the proceeding in the form and manner prescribed by, or as provided for in, these Rules.
75(2)Where a person is served with a notice of hearing by the Chief Executive Officer or informed of the hearing by posting and fails to appear at the hearing, the Board may dispose of the application or complaint without further notice to the person and without considering any statement filed by him.
76Where the Board deems it necessary or convenient, it may at any time direct that the several stages of a proceeding before the Board be consolidated, or that a proceeding before the Board be consolidated with any other proceeding before the Board, and it may issue such directions in respect of the conduct of the consolidated proceeding as it considers advisable.
77(1)The Board may, if it considers it advisable in the interests of justice, adjourn any hearing for such time and to such place and upon such terms as it considers advisable.
77(2)The Board may, if it considers it advisable to do so, by Form 50-1781, provided by the Board, or by the modification of any other form prescribed by these Rules, direct that a hearing be held at such place within the Province, other than at the Board Room, as the Board considers advisable.
77(3)The Board may, upon such terms as it considers advisable, enlarge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding and may do so although application therefor is not made until after the expiration of the time prescribed.
77(4)Where the Board is satisfied that it is necessary or convenient to do so, the Board may abridge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding.
77(5)Where the Chief Executive Officer is satisfied that it is necessary or convenient to do so, he may, and shall if so directed by the Board, postpone a hearing to a subsequent date on notice given to the persons concerned by telegram or by notice served in Form 50-1781, provided by the Board.
77(6)Where in any case under these Rules a notice of hearing is not prescribed or provided for and a notice of hearing is required the Chief Executive Officer, as the Board may direct, may give notice of hearing in Form 50-1708 or 50-1781, provided by the Board.
2023, c.17, s.111
78An application, reply, intervention, complaint, statement of desire to make representations or notice may be amended before or at the hearing by leave of the Board upon such terms and conditions as the Board considers advisable.
79(1)No proceeding under these Rules is invalid by reason of any defect in form or of any technical irregularity.
79(2)Where, in a form prescribed by these Rules, a provision is to be omitted or completed in completing the form for use in accordance with these Rules, a defect or omission as to a provision to be omitted or completed shall be deemed a defect in form within the meaning of subsection (1) and the form as to the provision to be omitted or completed may be amended, as the case may be, by the Board on its own motion before or at a hearing or may be amended before or at a hearing by leave of the Board upon such terms and conditions as the Board considers advisable.
79(3)Where in a form prescribed by these Rules an asterisk is printed at the margin or in the body of a provision set out in the form, the asterisk shall be deemed as inserted for convenience only and the Board, as it may determine, may amend a form by striking out, or by the addition of, an asterisk, as the case may be.
79(4)Where, in a form prescribed by these Rules, the form is designated for use in the Construction Industry only with the use thereof or the proceeding designated as before the Construction Division of the Board, the Chief Executive Officer, as directed by the Board or a division thereof, may amend the form by deletion of such designation and, in any case where the use of a form is not so designated and the form is required for use in the Construction Industry before the Construction Division of the Board, the Chief Executive Officer, as directed by the Board or a division thereof, may amend the form by the addition thereto of such designation, provided that any such amendment, by deletion or addition, shall be deemed an amendment of the form for convenience only and the form as amended shall not be invalid if in substantial compliance with the applicable provisions of the Act and of these Rules.
80The decisions, declarations, determinations, directions, orders and rulings of the Board shall be signed on behalf of the Board by the Chairman or a Vice-Chairman.
81Procedure not prescribed is governed by analogy to these Rules.
II
CONSTRUCTION INDUSTRY
GENERAL
82(1)Sections 82 to 97 inclusive apply to proceedings for certification in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, sections 2 to 12 inclusive, subsection 59(5) and section 62 do not apply to such proceedings.
82(2)Section 65 applies to proceedings for termination of bargaining rights in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, section 2 does not apply to such proceedings.
82(3)Sections 98 to 102 inclusive apply to proceedings for termination of bargaining rights in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, sections 16 to 20 inclusive do not apply to such proceedings.
82(4)Where, in a proceeding before the Construction Division, it is determined that the proceeding or matter does not relate to the construction industry, the Division shall transfer the proceeding or matter to the Board or a division thereof for disposition by the Board or a division thereof.
82(5)Where in a proceeding before the Board or a division thereof, it is determined that the proceeding or matter relates to the construction industry, the Board or a division thereof may decline jurisdiction and transfer the proceeding or matter to the Construction Division for disposition by the Construction Division.
82(6)Where the Board or a division thereof transfers a proceeding or matter as provided in subsection (4) or (5), the transfer may be made upon such terms and conditions as the transferring Board or division considers advisable and the Board or division to which the proceeding or matter is transferred may issue such directions with respect to the proceeding or matter as the Board or division considers necessary or convenient to a disposition of the proceeding or matter before the Board or division, including, as the Board or division considers advisable, directions with respect to the terminal date, the filing of any document and other matter deemed necessary for the further processing of the proceeding or matter or, as the Board or division considers advisable, for making the transfer as effective as if the proceeding or matter had begun as a proceeding or matter before the Board or division.
82(7)Sections 103 to 123 inclusive apply to proceedings for accreditation and termination of accreditation as bargaining agent in the construction industry and section 2 does not apply to such proceedings.
83Where there is a conflict between any provision in sections 82 to 123 inclusive and any provision in sections 1 to 81 inclusive, the provisions in sections 82 to 123 inclusive prevail.
84Where an application is made, the Chief Executive Officer shall fix a terminal date for the application which shall be not less than four and not more than six days, as directed by the Board, after
(a) the day on which the Chief Executive Officer serves the employer with the notices of application for posting, where they are served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mails the notices of application to the employer for posting, where they are served by mail.
CERTIFICATION
85An application for certification as bargaining agent shall be made in quadruplicate in Form 50-1784, provided by the Board.
2023, c.17, s.111
86(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1785, provided by the Board.
86(2)The Chief Executive Officer shall serve the respondent with:
(a) a copy of the application;
(b) a notice of the application in Form 50-1786 or 50-1787, provided by the Board, as the case may be; and
(c) an appropriate number of notices of application in Form 50-1788 or 50-1789, provided by the Board, as the case may be, for posting.
2023, c.17, s.111
87(1)The applicant shall, not later than the terminal date for the application, file a declaration concerning membership documents in Form 50-1791, provided by the Board.
87(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.
87(3)A declaration referred to in subsection (1) shall be made by a person or persons representing the applicant.
88-226; 2023, c.17, s.111
88(1)Where an applicant or an intervener has requested a pre-hearing representation vote and has requested consent to an early application and where the early application is opposed in a reply or intervention or in a statement of desire to make representations by an employee or the representative of a group of employees, the Chief Executive Officer, where a hearing is directed by the Board, shall serve the applicant, the respondent, the intervener and the employee or representative of a group of employees named in the statement of desire with a notice of hearing on the request for consent to the early application in Form 50-1781, provided by the Board.
88(2)Where an applicant has requested a pre-hearing representation vote and has requested consent to an early application and where the Board has granted consent to the early application, the Chief Executive Officer shall
(a) fix a date for the application for the purpose of paragraph 8 of Form 50-1787, provided by the Board, if a date has not been set or fix a new date where a date has been set,
(b) serve the applicant, the respondent and the intervener, if any, with a notice of the fixing of the date in Form 50-1781, provided by the Board, and
(c) serve any employee or representative of a group of employees who has filed a statement of desire in the manner and form prescribed with a notice of the granting of the consent in Form 50-1781, provided by the Board.
2023, c.17, s.111
89Where an applicant has requested that a pre-hearing representation vote be taken and the Board has refused the request, the Chief Executive Officer shall
(a) fix a new terminal date for the application for the purposes of section 66,
(b) serve the applicant, the respondent and the intervener, if any, with a notice of the fixing of the terminal date in Form 50-1781, provided by the Board, and
(c) serve the respondent with an appropriate number of notices of application in Form 50-1788, provided by the Board, for posting, where the notice of application previously served was in Form 50-1789, provided by the Board.
2023, c.17, s.111
90(1)A respondent shall file a reply to an application in quadruplicate in Form 50-1792, provided by the Board, not later than the terminal date for the application and the reply shall be accompanied by a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or the employees of the respondent in the bargaining unit claimed by either the applicant or the respondent to be appropriate.
90(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.
90(3)A verification of a list of employees shall be signed in accordance with section 135 of the Act.
2023, c.17, s.111
91(1)The Chief Executive Officer shall immediately notify any trade union or council of trade unions named in an application or reply as claiming, or known to him as claiming, to be the bargaining agent, or to represent any employees who may be affected by the application, by telegram, that an application with respect to such employees has been made and shall serve upon such trade union or council of trade unions a copy of the application and a notice of application in Form 50-1793, provided by the Board.
91(2)The Chief Executive Officer shall immediately notify any employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application, by telegram that an application with respect to the employees of such employer has been made and shall serve upon such employers’ organization a copy of the application and a notice of application in Form 50-1793, provided by the Board.
91(3)A notice of application in Form 50-1793, provided by the Board, shall set out a request for consent to an early application, a request for a pre-hearing representation vote, a notice of hearing on a request for consent to an early application, a notice of filing of documents where the applicant is a council of trade unions, and a notice for intervention, as the case may be.
2023, c.17, s.111
92(1)A trade union or council of trade unions or employers’ organization that is notified of an application pursuant to section 91 shall notify the Chief Executive Officer by telegram of its claim and of its intention to intervene in the proceedings.
92(2)A trade union, council of trade unions or employers’ organization that is served with a notice of application, or that claims to be affected by an application, shall notify the Chief Executive Officer immediately by telegram of its claim and of its intention to intervene in the proceedings and shall file its intervention, if any, in quadruplicate in Form 50-1794, provided by the Board, not later than the terminal date for the application and, if it fails to file such intervention, it may be deemed by the Board to have abandoned any claim to represent any of the employees or employers, as the case may be, who may be affected by the application.
92(3)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (2) shall be the terminal date first fixed by the Chief Executive Officer under section 86.
92(4)Where the trade union, council of trade unions or employers’ organization referred to in subsection (2) is or was recently a party to or bound by a recognition agreement or collective agreement affecting the application or intervention, it shall file with its intervention a copy of the recognition agreement or collective agreement.
2023, c.17, s.111
93(1)A trade union or council of trade unions desiring certification as bargaining agent or employees who may be affected by the application shall file an intervener’s application for certification in quadruplicate in Form 50-1795, provided by the Board, not later than the terminal date for the application and the intervener’s application shall be accompanied by a declaration concerning membership documents in Form 50-1791, provided by the Board.
93(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.
93(3)Section 84 does not apply to an intervener’s application.
93(4)Where the Board so directs, the Chief Executive Officer shall serve the employer with notices of the intervener’s application for posting.
2023, c.17, s.111
94(1)Where a party requests a hearing of the application by the Board, he shall set out in the application, reply or intervention, as the case may be, a concise statement of:
(a) the material facts upon which he proposes to rely at the hearing;
(b) the relief to which he claims to be entitled by reason of such facts; and
(c) the submissions he proposes to make in support of his claim for relief.
94(2)Where an applicant or an intervener requests certification without notice or without a hearing pursuant to subsection 40(5) of the Act, he shall set out in the application or intervention, as the case may be, a concise statement of the representations made in support of the request.
95(1)Where the Board directs a hearing to inquire into the matters or a matter raised in an application, a reply, an intervention or in a statement of desire filed by an employee or group of employees within the time fixed and in the manner prescribed in these Rules, the Chief Executive Officer shall serve each of the parties and such employee or the representative of such a group of employees with a notice of hearing in Form 50-1781 or 50-1790, provided by the Board, as the case may be.
95(2)Where the Board directs a hearing on a request for consent to an early application, subsection 88(1) shall apply.
95(3)Where the Board, on an application for certification made pursuant to subsection 40(5) of the Act, dismisses an application, and an application for a hearing is made in accordance with subsection 40(11) of the Act, the Chief Executive Officer shall serve a notice of hearing in Form 50-1781, provided by the Board, on the applicant and on each person who filed a reply or intervention.
95(4)Where the Board, on an application for certification made pursuant to subsection 40(5) of the Act, certifies a trade union or council of trade unions without notice or without a hearing and where a respondent or intervener, as the case may be, in a reply or intervention requested a hearing, and where an application for a hearing is made in accordance with subsection 40(11) of the Act, the Chief Executive Officer shall serve a notice of hearing in Form 50-1781, provided by the Board, on the applicant for certification, on the applicant for the hearing, and on any person who filed an intervention.
95(5)An application under this section shall be made in quadruplicate in Form 50-1739, provided by the Board, but sections 34 and 35 shall not apply thereto.
95(6)The Board on a proceeding or matter within subsection (3) or (4) may issue such directions in respect to the proceeding or matter as it considers advisable.
2023, c.17, s.111
96(1)Subject to subsection (4), where the Board directs the taking of a representation vote without directing a hearing of the application,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations as to any matter relating to the representation vote or as to the accuracy of the report of the returning officer or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1771 or 50-1773, provided by the Board, as the case may be, on or before the last day for the posting of the copies of the report and notices under subsection 61(3).
96(2)Subject to subsection (4), where a representation vote is taken after the hearing of an application,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations as to any matter relating to the representation vote or as to the accuracy of the report of the returning officer or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1771 or 50-1773, provided by the Board, as the case may be, on or before the last day for the posting of the copies of the report and notices under subsection 61(3).
96(3)Subject to subsection (4), where a pre-hearing representation vote is taken,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations in connection with the application or as to any matter relating to the representation vote or as to the accuracy of the report of the returning officer or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1772 or 50-1773, provided by the Board, as the case may be, on or before the last day for the posting of copies of the report and notices under subsection 61(3).
96(4)Where a representation vote is taken in connection with a direction that the ballot box be sealed and the Board subsequently directs that the ballots be counted,
(a) a party, or
(b) any employee or representative of a group of employees,
who desires to make representations as to the accuracy of the report of the returning officer on the counting of the ballots or as to the conclusions the Board should reach in view of the report, shall file a statement of desire as prescribed in Form 50-1774, provided by the Board, on or before the last day for the posting of the copies of the report and notices under subsection 61(3).
96(5)Where no statement of desire to make representations is filed in the form and manner required in subsections (1) to (4) inclusive, or no such statement that is filed states that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material then before it without further notice to any party or to the employees.
96(6)Where a statement of desire to make representations is filed in the form and manner required in subsections (1) to (4) inclusive, and the Board directs a hearing, the Chief Executive Officer shall serve each of the parties to the proceeding and any employee or representative of a group of employees who has filed a statement of desire with a notice of hearing in Form 50-1790, provided by the Board.
96(7)Where, following the filing with the Board of the report of an examiner, the Chief Executive Officer receives a statement of desire to make representations filed in the form and manner required by section 59, and the Board directs a hearing, the Chief Executive Officer shall serve each of the parties to the proceeding with a notice of hearing in Form 50-1790, provided by the Board.
96(8)Where a statement of desire is filed under this section and a request is made for a hearing before the Board and where the Board has dismissed the application or issued a certification without a hearing, the dismissal or issuance of the certification is subject to the provisions made with respect to a hearing in subsections 95(3) to (5) inclusive.
2023, c.17, s.111
97(1)Where the applicant that has filed an application for certification or where the intervener that has filed an intervener’s application for certification is a council of trade unions, it shall file with the Chief Executive Officer, at the time the application or intervention is filed, the documents upon which it intends to rely to satisfy the Board that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.
97(2)Where the intervener that has filed an intervener’s application is an employers’ organization, it shall file with the Chief Executive Officer, at the time the intervention is made, the documents upon which it intends to rely to satisfy the Board that it represents an employer affected by the application or that it has an interest in the application.
TERMINATION OF BARGAINING RIGHTS
98An application for a declaration of termination of bargaining rights shall be made in quadruplicate in Form 50-1796, provided by the Board.
2023, c.17, s.111
99(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1785, provided by the Board.
99(2)The Chief Executive Officer shall serve the respondent with:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1797, provided by the Board.
99(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1798, provided by the Boardr, for posting.
99(4)The Chief Executive Officer shall serve an employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application with a copy of the application and a notice of application and of hearing in Form 50-1797, provided by the Board.
2023, c.17, s.111
100A respondent shall file a reply in quadruplicate in Form 50-1800, provided by the Board, not later than the terminal date for the application.
2023, c.17, s.111
101(1)Where the application is made by a person other than the employer, the Chief Executive Officer shall serve the employer with a copy of the application and a notice of application and of hearing in Form 50-1799, provided by the Board.
101(2)An employer, upon whom a copy of an application and a notice of application and of hearing are served, shall file his intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.
101(3)An employers’ organization, upon whom a copy of an application and a notice of application and of hearing are served, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.
2023, c.17, s.111
102(1)A respondent and an intervener shall file with the reply or intervention a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or intervener affecting the employees in the bargaining unit.
102(2)A respondent, when an application is made in respect to section 29 of the Act, shall file with its reply a declaration concerning entitlement to represent the employees in the bargaining unit in Form 50-1722, provided by the Board.
102(3)An employer, when an application is made in respect to section 29 of the Act, shall file with its intervention, or in any case where the Board so directs, a declaration as prescribed in Form 50-1722, provided by the Board, concerning the employees in the bargaining unit in Form 50-1722, provided by the Board.
102(4)Where an application is made under subsection 23(1) or (2) or section 24, 25 or 42 of the Act, the Chief Executive Officer, as directed by the Board, shall serve upon the respondent or on an employer who is an applicant, or both, a notice in Form 50-1781, provided by the Board, prescribing a date for a return of membership lists or employee lists, as the case may be, setting out such particulars as may be directed in the notice.
102(5)Where a respondent or an employer served with a notice under subsection (4) does not make a return in accordance with the subsection, the Board may dispose of an application under section 24 or 25 of the Act on the evidence before it without further notice to the respondent or employer, as the case may be.
102(6)Where a trade union, council of trade unions, employer or employers’ organization served with a notice of application does not file a reply or intervention, as the case may be, it may be deemed by the Board to have abandoned its claim to represent any of the employees or employers, as the case may be, affected by the application and to have abandoned its interest in the application and the Board may dispose of the application without further notice to such trade union, council of trade unions, employer or employers’ organization.
2023, c.17, s.111
APPLICATION FOR ACCREDITATION AND FOR TERMINATION OF ACCREDITATION
GENERAL
103When an application is made for accreditation or for termination of an accreditation, the Chief Executive Officer shall fix a terminal date for the application which shall be not less than five and not more than ten days, as the Board may direct, or such further period as the Board may direct, after
(a) the day on which the Chief Executive Officer serves the respondent with the notice of application, where it is served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mails the notice of application to the respondent, where it is served by mail.
104At such time as may be determined by the Board after the terminal date, the Chief Executive Officer shall fix an employer date for an application within section 103, which date shall be not less than five and not more than ten days, as the Board may direct or such further period as the Board may direct, after
(a) the day on which the Chief Executive Officer serves the employers with notices of application and of hearing, where they are served personally, or
(b) the day immediately following the day on which the Chief Executive Officer mails notices of application and of hearing to employers, where they are served by mail.
ACCREDITATION
105An application for accreditation as bargaining agent shall be made in quadruplicate in Form 50-1801, provided by the Board, and shall be accompanied by a copy of the applicant’s charter, constitution or by-laws, as the case may be.
2023, c.17, s.111
106(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1802, provided by the Board.
106(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-1803, provided by the Board.
2023, c.17, s.111
107(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning representation documents in Form 50-1804, provided by the Board.
107(2)A declaration may be signed by an officer of the applicant as prescribed in Form 50-1804, provided by the Board.
2023, c.17, s.111
108(1)A respondent shall file a reply in quadruplicate in Form 50-1805, provided by the Board, not later than the terminal date for the application.
108(2)A verification of an employer list may be signed by an officer of the respondent as prescribed in Form 50-1803, provided by the Board.
2023, c.17, s.111
109The Chief Executive Officer shall serve upon any employers’ organization, trade union or council of trade unions named in the application or reply as claiming, or known to him as claiming, to have an interest in the application, a notice of application in Form 50-1806, provided by the Board.
2023, c.17, s.111
110An employers’ organization, trade union or council of trade unions that is served with a notice of application, or that claims to have an interest in the application, shall file its intervention, if any, in quadruplicate in Form 50-1807, provided by the Board, not later than the terminal date for the application and, if it fails to file such an intervention, it may be deemed by the Board to have abandoned any claim to have any interest in the application.
2023, c.17, s.111
111An applicant shall file the documents upon which it intends to rely to satisfy the Board that each of the employers whom it represents has vested appropriate authority in the applicant employers’ organization to enable it to discharge the responsibilities of an accredited bargaining agent not later than the terminal date.
112After the fixing of the employer date, the Chief Executive Officer shall serve the applicant, the respondent and any intervener with a notice of hearing in Form 50-1808, provided by the Board.
2023, c.17, s.111
113The Chief Executive Officer shall serve such employers as may be directed by the Board with a notice of application and of hearing in Form 50-1809, provided by the Board.
2023, c.17, s.111
114(1)An employer that is served with a notice of application and of hearing shall file an employer intervention in Form 50-1810, provided by the Board, together with the accompanying Schedule H, not later than the employer date for the application.
114(2)A verification of an employee list may be signed by the employer, or any officer thereof, as prescribed in Form 50-1809, provided by the Board.
114(3)Where an employer proposes a different weekly payroll date, Schedule H shall be completed for the weekly payroll date prescribed in Form 50-1809 provided by the Board, and a schedule may be filed in the manner prescribed for the weekly payroll period proposed by the employer.
114(4)An employer who has filed an employer intervention may appear at the hearing.
114(5)Where an employer intervention indicates a desire on the part of the employer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the employer intervention of an employer who fails to appear at the hearing without further notice to the employer.
2023, c.17, s.111
TERMINATION
115An application for a declaration of termination of accreditation as bargaining agent shall be made in quadruplicate in Form 50-1811, provided by the Board.
2023, c.17, s.111
116(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1802, provided by the Board.
116(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-1812, provided by the Board.
2023, c.17, s.111
117(1)The respondent shall file a reply in quadruplicate in Form 50-1813, provided by the Board, not later than the terminal date for the application.
117(2)A verification of an employer list may be signed by an officer of the respondent as prescribed in Form 50-1812 provided by the Board.
2023, c.17, s.111
118The Chief Executive Officer shall serve the trade union or council of trade unions, as the case may be, where the trade union or council of trade unions is not the applicant with a copy of the application and a notice of application in Form 50-1814, provided by the Board.
2023, c.17, s.111
119A trade union or council of trade unions served under section 118 shall file its intervention, if any, in quadruplicate in Form 50-1807, provided by the Board, not later than the terminal date.
2023, c.17, s.111
120After the fixing of the employer date, the Chief Executive Officer shall serve the applicant, the respondent and any intervener with a notice of hearing in Form 50-1808 provided by the Board.
2023, c.17, s.111
121After the fixing of the employer date, the Chief Executive Officer shall serve such employers as may be directed by the Board with a notice of application and of hearing in Form 50-1815, provided by the Board.
2023, c.17, s.111
122(1)An employer who is served with a notice of application and of hearing shall file an employer intervention in Form 50-1816, provided by the Board, together with the accompanying Schedule H, not later than the employer date for the application.
122(2)A verification of an employee list may be signed by the employer, or any officer thereof, as prescribed in Form 50-1815, provided by the Board.
122(3)Where an employer proposes a different weekly payroll date, Schedule H shall be completed for the weekly payroll date prescribed in Form 50-1815, provided by the Board, and a schedule may be filed in the manner prescribed for the weekly payroll period proposed by the employer.
122(4)An employer who has filed an employer intervention may appear at the hearing.
122(5)Where an employer intervention indicates a desire on the part of the employer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the employer intervention of an employer who fails to appear at the hearing without further notice to the employer.
2023, c.17, s.111
EVIDENCE AS TO REPRESENTATION
123(1)Evidence of representation of an employer by an employers’ organization or of objection by employers to accreditation of an employers’ organization or to termination of accreditation as bargaining agent or of signification by employers that they no longer wish to be represented by an accredited employers’ organization shall not be accepted by the Board on an application for accreditation or for a declaration terminating accreditation as bargaining agent unless the evidence is in writing signed by the employer, or each member of a group of employers, as the case may be, is accompanied by the return mailing address of the person who files such evidence, objection or signification and
(a) in the case of evidence of representation or of signification, contains the name, address and telephone number of the employer, the name and telephone number of a person to whom telephone or other inquiries should be addressed and is filed not later than the terminal date for the application, or
(b) in the case of evidence of objection, contains the name, address and telephone number of each objecting employer, the name of the employers’ organization and is filed not later than the employer date for an employer intervention.
123(2)No oral evidence of representation by an employers’ organization or of objection by employers to accreditation of an employers’ organization or to termination of accreditation as bargaining agent or of signification by employers that they no longer wish to be represented by an accredited employers’ organization shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).
123(3)Any employer or group of employers affected by an application for accreditation or by an application for a declaration of termination of accreditation as bargaining agent desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the employer date for the application.
123(4)An employer or group of employers who has filed a statement of desire in the form and manner prescribed by this section may appear at the hearing.
123(5)The Board may dispose of an application without considering the statement of desire of any employer who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to
(a) the circumstances concerning the origination of the statement of desire, and
(b) the manner in which each signature on the statement of desire was obtained.
DIRECTIONS
124The Board, on an application for accreditation or termination of accreditation, in addition to any other provision made in these Rules, may at any time issue such directions as it deems necessary with respect to a terminal date, the filing of any document and any other matter necessary or convenient for the processing or further processing of an application.
COMMON CONTROL OR DIRECTION
2008-106
124.1An application under section 51.01 of the Act for a declaration of common control or direction shall be made in quadruplicate in Form 50-1817, published by the Board.
2008-106
124.2(1)The Chief Executive Officer shall serve the respondent and any trade union, council of trade unions, employer or employers’ organization or any other person named in the application as affected by the application, with the following:
(a) a copy of the application; and
(b) a notice of application and of hearing in Form 50-1818, published by the Board.
124.2(2)The Chief Executive Officer shall serve the respondent with an appropriate number of notices of application in Form 50-1819, published by the Board, for posting.
2008-106
124.3(1)The respondent shall file a reply in quadruplicate in Form 50-1820, published by the Board, not later than the terminal date for the application.
124.3(2)Any other trade union, council of trade unions, employer or employers’ organization or any other person served under section 124.2 with a notice of application and of hearing shall file an intervention in quadruplicate in Form 50-1821, published by the Board, not later than the terminal date for the application.
124.3(3)Where no reply or intervention is filed under this section, the Board may dispose of the application on the evidence before it without further notice to the person failing to make a reply or intervention, as the case may be.
2008-106
124.4(1)Any employee or group of employees affected by an application under section 124.1 who desires to make representations in connection with the application shall file a statement of desire to make representations not later than the terminal date for the application, and such statement shall:
(a) be in writing, signed by the person making the statement or his or her representative;
(b) contain the names of the parties to the application;
(c) contain a return mailing address; and
(d) contain a concise summary of the representations.
124.4(2)Where no statement of desire to make representations has been filed in the form and manner required under subsection (1), the Board may dispose of the application upon the material before it without further notice to the employees.
2008-106
III
MEMBER IN GOOD STANDING
125(1)For the purposes of section 16 of the Act, a member in good standing of a trade union shall be deemed by the Board to be a person who, in the opinion of the Board, is at the date of the making of an application for certification a member of the trade union and
(a) has, on their own behalf, paid at least one month’s dues for or within the period commencing on the first day of the third month preceding the calendar month in which the application is made and ending on the date of the making of the application, or
(b) has joined the trade union within the period mentioned in paragraph (a).
125(2)Despite subsection (1), where the Board is satisfied that a trade union within subsection (1) has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member in good standing of the trade union, shall not consider those eligibility requirements in the application of subsection (1).
125(3)Despite subsection (1), if the Board is of the opinion that an employee has made application in writing for membership in a trade union within subsection (1), the employee shall be deemed to be a member in good standing of that trade union for the purposes of the Act.
125(4)Where, on any other proceeding before the Board, a question arises as to whether a person is or was a member in good standing of a trade union, the rules applicable shall be governed by analogy to the rules expressed in subsections (1) to (3) inclusive as the Board considers advisable.
2024-19
IV
EXECUTIVE COMMITTEES
126The provisions of these Rules, so far as applicable, apply mutatis mutandis to an Executive Committee constituted under section 124 of the Act and to the powers of any such committee as are conferred under section 125 of the Act, except subsection (4) thereof.
V
SIGNING
126.1An application to the Board, a notice or a collective agreement made, given or entered into and signed by a person or persons representing a trade union, a council of trade unions, an employer or an employers’ organization is sufficient for the purposes of the Act or any regulation made thereunder including these Rules, except where the signature of a specific person is required by the Act or any regulation made thereunder including these Rules.
83-204
COMING INTO FORCE
127These Rules come into force on June 1, 1982.
N.B. This Regulation is consolidated to May 1, 2024.