Federal Public Sector Labour Relations Regulations (SOR/2005-79)

Marginal note:Addition of party or intervenor

• 14 (1) Any person with a substantial interest in a proceeding before the Board may apply to the Board to be added as a party or an intervenor.

• Marginal note:Representations

  (2) The Board may, after giving the parties the opportunity to make representations in respect of the application, add the person as a party or an intervenor.

Marginal note:Insufficient information

• 15 (1) The Board may, on its own initiative or at request of a party or an intervenor, request that information contained in any document filed by any other party or any other intervenor be made more complete or specific.

• Marginal note:Striking out information

  (2) The Board may, after giving the party or intervenor to whom the request was made the opportunity to reply to the request, strike from the document the information that is incomplete or insufficiently specific.

Marginal note:Notice of pre-hearing conference

16 The Board must provide the parties and intervenors with notice of a pre-hearing conference at least three days before the day that is fixed for it.

Marginal note:Notice of hearing

• 17 (1) The Board must provide the parties and intervenors with notice of a hearing before the Board at least seven days before the day that is fixed for it.

• (1.1) [Repealed, SOR/2020-43, s. 9]

• Marginal note:Notice of hearing to those opposing

  (2) In the case of an application for certification or revocation of certification, the Board must also provide notice to each employee or representative of a group of employees who has filed a statement of opposition with respect to the application for certification or revocation of certification, at least seven days before the day that is fixed for the hearing.

• Marginal note:Failure to attend

  (3) If a person who is provided with a notice of hearing fails to attend the hearing or any continuance of it, the Board may proceed with the hearing and dispose of the matter without further notice to that person.

Marginal note:Contents of summons application

18 The Board may, if necessary for the fair and expeditious resolution of a proceeding before it, require that an application for a summons contain the name and address of the witness to be summoned and a statement of the evidence that the witness is expected to give at the hearing.

Marginal note:Document adduced as evidence

• 19 (1) Any document adduced as evidence must be filed at the hearing with a copy for the Board, each party and each intervenor.

• Marginal note:Bilingualism

  (2) The document must be filed in both official languages, if it exists in both languages.

Marginal note:Confidentiality of employees’ wishes

20 Despite section 4, the Board must not disclose to anyone evidence that could reveal membership in an employee organization, opposition to the certification or revocation of certification of an employee organization, or the wish of any employee to be represented, or not to be represented, by an employee organization, unless the disclosure would be in furtherance of the objectives of the Act.

Marginal note:Adjournment of hearings

21 The Board may adjourn a hearing and specify the date, time, place and terms of its continuance.

Marginal note:Application for review of Board’s decision

22 An application for a review, referred to in section 43 of the Act, of an order or a decision of the Board must contain a statement of the grounds on which the applicant intends to rely in support of the review.

DIVISION 1Certification

Procedure for Certification

Marginal note:Application for certification

23 An application for certification under section 54 or 238.13 of the Act must be filed with the Board and signed by the authorized representative of the applicant and must contain the following information:

• (a) the name and contact information of the applicant and its authorized representative;

• (b) if the applicant is a council of employee organizations, the names and contact information of the constituent employee organizations and their contact persons;

• (c) the employer’s name and contact information;

• (d) a detailed description, in both official languages, of the group of employees proposed as a unit appropriate for collective bargaining;

• (e) the estimated number of employees in the proposed bargaining unit;

• (f) the reasons for which the proposed bargaining unit is appropriate for collective bargaining;

• (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the proposed bargaining unit,

  • (i) the name and contact information of that bargaining agent,

  • (ii) a description of the bargaining unit represented, and

  • (iii) the term of the collective agreement or arbitral award, or both, as the case may be; and

• (h) the date of the application for certification.

Marginal note:Closing date

24 On receipt of the application for certification, the Board must

• (a) fix a closing date that is a date that will allow sufficient time for the employees to be notified and for them to respond, considering the number of employees who may be affected by the application for certification and the locations at which they are employed, and that is no less than 15 days and no more than 40 days after the day on which the application for certification is filed; and

• (b) notify the employer and any employee organization known to the Board that claims to represent any employees who may be affected by the application of the closing date.

Marginal note:Copies of notice to employees

• 25 (1) The Board must provide the employer with as many copies of the notice of the application for certification as are necessary considering the number of employees who may be affected by the application and the locations at which they are employed.

• Marginal note:Posting of copies of notice

  (2) On receipt of the copies of the notice, an employer must post them, until the closing date, in conspicuous places where they are most likely to come to the attention of the employees who may be affected by the application.

• Marginal note:Statement of compliance

  (3) Immediately after the closing date, the employer must file a statement that the employer has complied with subsection (2).

Marginal note:Employer’s reply

• 26 (1) An employer must file a reply to the application for certification on or before the closing date.

• Marginal note:Form and content

  (2) The reply to the application must be filed with the Board and signed by the authorized representative of the employer and must contain the following information:

  • (a) the name and contact information of the authorized representative of the employer;

  • (b) the total number of employees in the group of employees in the bargaining unit proposed in the application for certification;

  • (c) the reasons for which the proposed group of employees in the bargaining unit is not appropriate for collective bargaining, if any;

  • (d) if a reason is given under paragraph (c), a detailed description, in both official languages, of the group of employees proposed by the employer as a unit appropriate for collective bargaining;

  • (e) the reasons for which that group is more appropriate for collective bargaining than the one proposed in the application for certification;

  • (f) the total number of employees in the group of employees in the bargaining unit proposed by the employer;

  • (g) if an employee organization is, on the date of the application for certification, certified as the bargaining agent for employees in the group of employees proposed by the employer,

    • (i) the name and contact information of that bargaining agent,

    • (ii) a description of the bargaining unit that the bargaining agent represents, and

    • (iii) the term of the collective agreement or arbitral award, or both as the case may be; and

  • (h) the date of the reply.

Marginal note:Intervention

• 27 (1) An employee organization that receives a copy of the application for certification or that claims to represent any of the employees who may be affected by the application may, on or before the closing date, file an application for intervention.

• Marginal note:Form and content

  (2) The application for intervention must be filed with the Board and signed by the authorized representative of the intervenor and must contain the following information:

  • (a) the names and contact information of the intervenor and its authorized representative;

  • (b) the number of employees who are represented by the intervenor in the bargaining unit proposed in the application for certification;

  • (c) the number of employees who are represented by the intervenor in the group of employees proposed by the employer;

  • (d) if the intervenor has entered into a collective agreement with the employer in respect of employees in the group of employees proposed in the application for certification or the one proposed by the employer,

    • (i) a detailed description, in both official languages, of the bargaining unit to which those employees belong, and

    • (ii) the term of the collective agreement or arbitral award, or both, as the case may be, binding the employees in this bargaining unit; and

  • (e) the date of the application for intervention.

Marginal note:Statement of opposition

• 28 (1) If an employee or a group of employees is affected by an application for certification and is in opposition to it, the employee or group of employees may, on or before the closing date, file a statement of opposition.

• Marginal note:Form and content

  (2) The statement of opposition must be filed with the Board and signed by the employee or the authorized representative of the group, as the case may be, and must contain

  • (a) the name and contact information of the employee or the authorized representative, as the case may be;

  • (b) the name of the employee organization that made the application for certification;

  • (c) the reasons for opposing the application for certification; and

  • (d) the date of the statement of opposition.