Labour Relations Board Rules 1- 6

Part1
INTERPRETATION
Rule

1.

Definitions and purpose
Part2
GENERAL RULES

2.

Applications and commencement of proceedings

3.

Forms for commencing proceedings

4.

Replies

5.

Filing with the board

6.

Service and delivery

INTERPRETATION

Definitions and purpose Back to Top
1. (1) In these Rules

"application" means any document made or used to commence a proceeding before the board and includes any document filed by facsimile transmission for that purpose;

"Code" means the Labour Relations Code;

"document" means an application, complaint, form, notice, order, reply, submission, statutory declaration or other paper or document that is or is required to be filed, served or delivered in connection with a proceeding before the board, or is required to be filed with the board under the Code or another enactment;

"party" means a person, applicant, respondent, complainant, employer, trade union, employee or group of employees, intervenor and any person added by the board as a party to any proceeding;

"proceeding" means any application, complaint, question, request, dispute, difference or matter that is before the board for hearing, determination or assistance in resolution pursuant to the Code, the Regulation, these Rules or any other enactment;

"registrar" means the vice-chair of the board designated as registrar and includes an employee of the board designated as a deputy registrar, who, subject to the direction of the chair, may exercise the administrative functions of the board for the purposes of these Rules;

"Regulation" means the Labour Relations Regulation; "representative" means a person representing or acting for a party in a proceeding and includes legal counsel;

"working day" means any day other than a Saturday or a holiday.

(2)

The purpose of these Rules is to secure the just, speedy and inexpensive settlement or adjudication of every proceeding having regard to the real substance of the matters in dispute and the respective merit of the positions of the parties to the proceeding.


PART 2
GENERAL RULES
Applications and commencement of proceedings Back to Top
2. (1) An applicant shall commence a proceeding before the board by filing a written application with the registrar within such time as may be prescribed by the Code or these Rules.
(2) In addition to any other information required by the Code, these Rules or the board, an application shall contain
(a)

the full name, address, and telephone and facsimile numbers of both the party commencing the proceeding and any representative filing the application;

(b)

an address for delivery, where different from the address of the party or representative filing the application;

(c)

where known, the full name, address, and telephone and facsimile numbers of the respondent and any other person who will be affected by the application;

(d)

the number of employees in any bargaining unit or units which may be affected by the application;

(e)

the section or sections of the Code or other enactment under which the proceeding is commenced and a remedy is sought;

(f)

an outline of the facts and circumstances upon which the applicant intends to rely, including when and where the relevant facts occurred and, where known, by whom any actions alleged were taken;

(g)

the order, relief, interim relief, declaratory opinion or other remedy requested from the board, together with the basis for the request;

and shall also
(h) state whether a hearing before the board is requested;
(i)

if a hearing is requested, state the form of hearing considered appropriate and provide reasons for the request, together with an estimate of the time required and the proposed location of the hearing; and

(j)

contain a statement as to the urgency of the matter and the reasons for any stated urgency.

(3)

A party commencing a proceeding shall forthwith serve a copy of the application on all persons referred to in sub-rule (2)(c) and shall indicate to the board at the time of filing what provision has been or is being made to effect such service; except that this sub-rule shall not apply to applications under Section 12 of the Code, or to applications for certification or revocation of bargaining rights.

(4)

Upon receiving an application, the registrar shall consider whether it complies sufficiently with the Code and these Rules, and is sufficiently particularized to inform the board and the affected persons of its substance. Where an application is insufficient, the registrar may

(a)

direct that any failure to comply with the Code or these Rules be rectified before the application can commence a proceeding;

(b) direct that further facts or details of the relief sought be provided; and
(c) prescribe time limits for compliance with any direction given under this sub-rule.
(4.1)

Regardless of any other provision of these Rules, where an application has been properly filed with the board, the registrar may determine whether one or more of the following is appropriate

(a) a reply or other written submission should be requested from a person affected by that application;
(b) a person should be assigned to investigate the matter and prepare a report;
(c) a settlement conference should be scheduled;
(d) the matter should be set down directly for hearing;
(e) pre-hearing directions should be given; and
(f)

any other step which may be directed by the registrar and is designed to aid in the disposition of the proceeding in accordance with Rule 1(2).

(5)

Unless otherwise permitted by the board, a proceeding is only commenced on compliance with the applicable requirements of the Code and these Rules.

Forms for commencing proceedings Back to Top
3. (1)

The board may establish forms it considers necessary or appropriate for use in proceedings before it and for all other matters within its jurisdiction. Copies of these forms may be obtained from the office of the board in Vancouver, British Columbia or from an office of the Employment Standards Branch of the Ministry of Labour and Citizens' Services.

(2) Without limiting sub-rule (1), the board may establish forms for
(a)

a complaint alleging a violation of Sections 5(2) or 6(3)(a), (b) or (c) of the Code;

(b)

an application alleging that a trade union has acted in a manner that is arbitrary, discriminatory or in bad faith contrary to Section 12 of the Code;

(c)

an application for exemption from union membership or payment of dues on the basis of religious objection under Section 17 of the Code;

(d)

an application for certification pursuant to Sections 18, 19, 210 or 21 of the Code;

(e)

an application for cancellation of certification or revocation of bargaining rights under Sections 33 or 34 of the Code;

(f)

an application for successorship under Sections 35, 36 or 37 of the Code;

(g)

an application for the board to treat several businesses as one employer pursuant to Section 38 of the Code;

(h)

an application for appointment of a mediator or a request for appointment of a mediation officer under Sections 55(1) or 74(1)(b) of the Code;

(I)

an application for a final offer vote under Section 78(1) or (2) of the Code; and

(j)

any other application, request or notice required by these Rules to be made by a specified form.

(3)

The forms listed in sub-rule (2), or a written application providing the same information in substantially the same order as sought on the form, shall be filed with the board in order to commence the specified proceedings. All other forms for commencing proceedings are provided by the board for convenience only and their use is not mandatory.

Replies Back to Top
4. (1)

Subject to these Rules and except in the case of an application for certification, a party making a submission with respect to an application shall file with the board a reply to the application within seven (7) working days after receipt by that party of the application, or within such other time as the board may allow or direct.

(2) A reply to an application shall contain
(a)

the full name, address, and telephone and facsimile numbers of both the party replying and any representative filing the reply;

(b)

an address for delivery, where different from the address of the party or representative filing the reply;

(c) a clear identification of the proceeding to which the reply relates;
(d) an admission or denial of each allegation of fact contained in the application;
(e)

the number of employees in any bargaining unit or units which may be affected by the application where such has not been contained in the application or is inaccurately stated in the application;

(f)

a concise statement of any additional facts upon which the party intends to rely;

(g)

an outline of the position which the party takes in response to the application;

and shall also
(h) state whether a hearing before the board is requested;
(i)

if a hearing is requested, state the form of hearing considered appropriate and provide reasons for the request, together with an estimate of the time required and the proposed location of the hearing; and

(j)

contain a statement as to the urgency of the matter and the reasons for any stated urgency.

(2.1)

Upon receiving a reply, the registrar shall consider whether it complies sufficiently with the Code and these Rules, and is sufficiently particularized to inform the board and other parties of its substance. Where a reply is insufficient, the registrar may

(a)

direct that any failure to comply with the Code or these Rules be rectified before the reply can be considered as filed with the board;

(b)

direct that further facts or details of the position which the party is taking be provided; and

(c)

prescribe time limits for compliance with any direction given under this sub-rule.

(3)

If a party affected by an application fails to comply with sub-rules (1), (2) or (2.1), the party may not make representations in respect of the application without the board's permission, and the board may dispose of the application without notice to that party.

(4)

Where a reply is filed, the board shall give notice of it to the applicant, and shall permit the applicant to make a response within such time as may be established by the board.

Filing with the board Back to Top
5. (1)

Any document to be filed with the board may be sent by facsimile, mailed or delivered to the attention of the registrar at the office of the board in Vancouver, British Columbia.

(2)

Except where service is required under these Rules, a party filing a document with the board shall at the same time and in the same manner deliver a copy of the document to all other persons affected by the proceeding and shall indicate to the board at the time of filing what provision has been or is being made to effect such delivery.

(3) Where any party files a document by facsimile
(a)

verbal notice of the facsimile transmission shall be given forthwith by the party to the registrar where the proceeding is of an urgent nature; and

(b)

the original copy of an application for certification, an application for revocation of bargaining rights, a revocation under Regulation 4 or any sworn document shall be delivered to the board within three (3) working days or by commencement of any hearing in the proceeding, whichever is earlier, and shall indicate it is the original copy of a document previously filed with the board by facsimile.

(3.1)

Except as set out in sub-rule (3)(b) or otherwise required by the board, it is not necessary for a party filing a document by facsimile to file the original copy of that document.

(4)

Where a document is received by the board, the board will stamp on it the date and time of receipt.

(5)

Any document to be filed with the board must be received during normal business hours established by the board. A document received after the close of business shall be deemed to be filed on the next working day unless otherwise accepted by the board.

(6)

Where other offices are designated by the chair under Section 127(2) of the Code for the purpose of filing documents with the board, a person filing a document at another office shall forthwith give verbal notice of the filing to the registrar at the board's office in Vancouver, British Columbia.

Service and delivery Back to Top
6. (1)

Where any document is required by these Rules to be served upon any person, the document may be served

(a)

where the person is an individual, by leaving the document or a copy of it with the person or at the person's residence;

(b)

where the person is an employer or a trade union, by leaving the document or a copy of it at the person's place of business during normal business hours, or in any manner provided by the Company Act or Society Act if applicable.

(2) A document may be delivered to a party by
(a) serving the document or a copy of it upon the party;
(b) leaving the document or a copy of it at the party's address for delivery; or
(c)

transmitting a facsimile copy of the document to the party where a facsimile number has been provided by the party on any application or reply filed with the board, provided that verbal notice of the facsimile transmission is given forthwith to the recipient by the party delivering the document.

(3)

Where the name and address of a representative of a party is endorsed or shown on a document filed with the board by or on behalf of the party, any document that is required to be served upon or delivered to that party in the same proceeding may be served upon or delivered to the representative.

(4)

Where the board is satisfied that ordinary methods of service have been or are likely to be ineffective or impractical, it may direct substitutional service by posting, advertisement or otherwise, and service according to that direction will be deemed to be effective service.


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CAAB
(Collective Agreement Arbitration Bureau)