Labour Relations Board Rules 7 - 18

PART 2
GENERAL RULES

Where persons would be parties to an application, but are distinguishable as a group with common interest, they may be named in the application as a group and the group will be one party to the application unless otherwise ordered by the board.

If all or some of the persons in a group are represented by a trade union, an organization of trade unions, or an employers' organization, the union or organization, as the case may be, may be named in the application as the agent for those persons it represents.

If all or some of the persons in the group are not represented by a trade union, organization of trade unions or an employer's organization, one or more of these persons not represented by a union or organization may be named in the application as a representative of these persons.

The board may determine the extent to which a person added as an intervenor or a party shall be permitted to participate in a proceeding.

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Any document filed with the board on behalf of a party shall be signed by a person duly authorized by the party to file the document and shall state the nature of the person's authorization.

The board may at any time require any person filing a document or acting on behalf of a party to provide proof of the person's authorization to file the document or act in that capacity.

Where an application has been filed with the board, the board may require that some or all of the facts and circumstances alleged be verified by a statutory declaration and that a copy of the statutory declaration be delivered to any person who may be affected by the application.

Unless the board directs otherwise, a person who is the deponent in a statutory declaration which contains the material facts upon which a party relies shall be present to testify at any hearing of the application.

A person who is the deponent in a statutory declaration filed with the board shall not act as counsel in the same proceeding unless permitted by the board.

Any document may be amended before, during or after a hearing by leave of the board upon such terms and conditions as the board considers appropriate.

The board may relieve against the failure of any person to comply with these Rules on such terms and conditions, if any, it considers appropriate.

Without limiting the right of the board to refuse to hear a party who fails to comply with a provision of these Rules, the board may, upon such terms as it considers advisable

abridge or enlarge the time set by these Rules for doing any act, filing, serving or delivering any document, or taking any proceedings, and may do so although the application is not made until after the expiration of the time set by these Rules; or

at the request of a party or on its own motion, permit a party to initiate or proceed with an application, or reply to an application, without fully complying with the requirements of these Rules.

The board may direct, upon such terms as it considers appropriate, that a proceeding be consolidated or heard together with any other proceeding before the board.

Subject to Section 13 and 141 of the Code, where a proceeding has been commenced, the board shall

give notice, or direct that the applicant give notice, to all persons that the board considers to be affected in a direct and legally material way by the application; and

except in the case of applications for certification or revocation of bargaining rights, ensure that a copy of the application is sent to all parties, and also to those persons that it considers to have sufficient interest in the application who request a copy for the purpose of making a submission.

The board may, in writing, require an employer to forthwith post notices of an application at places where they are most likely to come to the attention of the employees affected by the application, and to keep the notices posted for a period of five (5) consecutive working days.

Regardless of sub-rule (1), the board may, in writing, require an employer to bring an application to the attention of those employees who may be affected by it in such other manner as the board may direct.

Where the board requires that an employer post and keep posted notices of an application or bring an application to the attention of employees in another manner, the board may require the employer to file a statutory declaration proving its compliance with the requirements of the board.

The board may receive and accept such evidence and information on oath, affidavit, statutory declaration or otherwise as in its discretion it considers proper, whether or not the evidence is admissible in a court of law. Except as required by Section 124(2) of the Code, the board may disclose or not disclose such evidence and information to the parties in whole or in part, or in summary form, as it considers appropriate.

The board may require a party at any time to provide the board with documents, evidence or other information in such manner and within such time as the board may specify.

Without limiting sub-rule (2), a trade union, council of trade unions or employers' organization may be required at any time to provide to the board an up-to-date copy of its constitution and bylaws, and a statement of the names and addresses of each of its officers.

The board may require a trustee in bankruptcy under the Bankruptcy Act (Canada) to provide the board with information in such manner and within such time as the board may specify in relation to any proceeding before the board.

Where in any proceeding the board considers it necessary to hear oral evidence and/or argument, the board shall fix the time, date and place for a hearing and shall give notice of the hearing to all parties concerned.

The board may give notice of any conference, meeting or oral hearing in writing, by facsimile, by telephone or by any other means of communication.

Regardless of sub-rule (1), or Rules 17A(3) or 17B(2), the board may in any proceeding hold any conference or meeting, or hear oral evidence and/or argument by telephone conference, if all parties are given notice of and provided with an opportunity to be connected to the telephone conference.

The board may postpone or adjourn the consideration of any proceeding or hearing for such time and upon such terms as it considers appropriate.

Where a party who has been given notice of a hearing fails to attend before the board in accordance with the notice, the board may proceed with the hearing and dispose of the matter in the absence of that party.

Without limiting Section 126 or any other provision of the Code, a pre-hearing conference may be scheduled by the board on its own motion or at the request of a party in any proceeding for one or more of the following purposes

directing the pre-hearing disclosure of documents by a party or by any other person who may be called as a witness in the proceeding;

directing a party to provide further facts or details of the position it is taking in the proceeding;

developing an agreed statement of facts, obtaining admissions which might facilitate the hearing, or preparing a sworn statement of the evidence which will be elicited from a witness in the proceeding;

directing that an investigation be conducted and a report be prepared respecting any aspect of the proceeding;

directing that a written submission be filed respecting a report prepared in the proceeding, or respecting any aspect of the proceeding;

attempting to simplify the matters in dispute between the parties, including achieving the resolution of some or all of those matters;

discussing the conduct of the hearing, including the order in which the parties will proceed, the number and identity of witnesses, and the estimated length of time required; and

directing any other pre-hearing step or initiative which is designed to aid in the disposition of the proceeding in accordance with Rule 1(2).

Where the board makes a direction under sub-rule (1), it may specify terms and conditions, including prescribing time limits, to be complied with by a party in respect of that direction.

All parties to a proceeding shall be notified of the time, date and place for a pre-hearing conference. Where a representative is acting for a party, the board may direct that the party (or a person with authority to instruct the representative) be present at the pre-hearing conference.

Where a panel of the board has been constituted and assigned to a proceeding, a pre-hearing conference may be conducted by one or more members of the panel, or by any other panel of the board.

Without limiting Section 126 or any other provision of the Code, a settlement conference may be scheduled by the board or at the request of a party at any time in a proceeding.

All parties to a proceeding shall be notified of the time, date and place for a settlement conference. Where a representative is acting for a party, the board may direct that the party (or person with authority to settle) be present at the settlement conference.

A panel or a member of a panel who attends a settlement conference shall not be part of any panel subsequently making a decision or order in the proceeding, unless all parties consent in writing.

Without limiting Sections 124 and 126 or any other provision of the Code, the board may make a decision in any proceeding

on the basis of written materials on file with the board, including any report received pursuant to an investigation directed by the board;

on the basis of an oral hearing where the parties will be given a full opportunity to present evidence and make submissions, subject to directions made at any point in the proceeding by the board or the panel to which the proceeding has been referred;

after providing the parties with an opportunity to make oral submissions, which may include evidence and information relevant to the proceeding; or

on the basis of an ADR hearing respecting which the parties may agree to one or more of the following

a brief written summary of each party's position will be exchanged in advance;

an agreed statement of facts will be prepared and/or limited viva voce evidence will be called at the hearing;

neither party will be represented by legal counsel at the hearing;

a fixed time period will be established for the presentation of any evidence and argument;

limited reference will be made to legal or other authorities;

the panel to which the proceeding has been referred may in its discretion attempt to mediate a settlement of some or all of the matters in dispute;

a short decision without precedent will be issued as soon as possible if the matter cannot be settled;

any reconsideration of the decision will be limited to questions of natural justice; and

any other step or procedure designed to facilitate an expedited decision in the proceeding.

The board shall ensure that all parties receive notice of the form of hearing where a decision is to be made in any proceeding under sub-rule (1)(c) or (d).

The board may issue a summons to require a person to appear before the board to give evidence and produce any documents which are within the person's possession or control relating to any matter in question in the proceeding.

A summons shall be in a form set by the board and shall be prepared by the party wishing to summon a person in a proceeding. A completed summons must be delivered to the board for authorization and, where authorized, served by the party on the person to be summoned.

A summons shall be served in accordance with Rule 6(1) and accompanied by such witness fees and conduct money as may be prescribed by the board.