Labour Relations Board Rules 19 -32

PART 2
GENERAL RULES

The board may permit a party to have evidence or argument taken down by an Official Reporter. Where permitted, it shall be the duty of that party, at its own cost, to provide the board and all other parties to the proceeding with a copy of the transcript.

A party who wishes to call an adverse party as a witness at a hearing, or any director, officer, partner, employee or agent of an adverse party, may either summons the person or give the person or the person's legal or other representative at least seven (7) calendar days' notice of an intention to call the person as a witness. A party may call as a witness a person referred to in this sub-rule without summons or previous notice if the person is in attendance at the hearing.

For the purpose of sub-rule (1), "adverse party" means a party who is adverse in interest.

If a person required to testify under sub-rule (1) refuses or neglects to attend at the hearing, or to remain in attendance at the hearing, or refuses to be sworn or to answer a proper question asked of the person or produce a document which the person is required to produce, the board may determine the matter in favour of the party calling that witness or may adjourn the proceeding.

A party calling a witness under sub-rule (1) is entitled to treat the witness as hostile. Cross-examination of the witness by the adverse party shall be confined to an explanation of matters brought out in the examination-in-chief. Cross-examination of the witness by other parties may be general or limited, as directed by the board. Re-examination shall be confined to new matters brought out in cross-examination.

Where a proceeding has been adjourned by agreement, without setting a date for a hearing or continuation of a hearing, the board shall give notice to all parties to the proceeding upon the expiry of six (6) months from the date of the adjournment, at their addresses on file, that the proceeding may be treated as withdrawn. Unless a party requests within fifteen (15) working days of the notice that the proceeding be scheduled for hearing, or the board otherwise orders, the proceeding shall be treated as withdrawn.

All decisions and orders of the board in proceedings under the Code shall be in writing and in such form as the board determines.

A decision or order of the board shall state its date of publication, which shall be the date it becomes effective, unless the decision or order, or a part of it, is stated to be effective on another date.

The board shall notify all parties to a proceeding of its decision or order, and shall make all of them available for publication.

Where a party refuses or fails without reasonable excuse to comply with these Rules or a direction made under them, the board may make any decision, order or further direction it considers appropriate in the circumstances. Without limiting the board's discretion, where the non-complying party is an applicant the board may dismiss the application, and where a respondent the board may make a decision in the proceeding as if no reply were filed.

Unless the board otherwise determines, a refusal or failure to comply with these Rules or a direction made under them shall be treated as an irregularity and does not nullify a proceeding, a step taken or any decision, order or direction made in the proceeding.

Complaints filed with the board under Sections 14 and 133 of the Code alleging violations of Sections 5, 6, 7, 9, 10, 11, 12, 32 or 45 of the Code (including a complaint alleging that an employee has been discharged, suspended, transferred or laid off from employment or otherwise disciplined in contravention of the Code) shall comply with Rules 2(2), 2(3) and 3(3) in particular, and shall state particulars of any monetary compensation being sought.

Where a trade union applies for certification under the Code, the trade union shall file its application in a form set by the board and may at the same time present for verification membership cards signed in support of the application.

notify the employer and employees concerned by sending the employer a notice in a form set by the board;

notify any other trade union which may have a collective bargaining relationship with the employer; and

upon deciding to hold a hearing respecting the application, notify the parties of the date, time and place that the hearing will be held.

On receipt of the notification under sub-rule (2)(a), the employer shall immediately post and keep posted a copy of the notice at its business premises for five (5) consecutive working days, or at such other place that allows all employees affected by the application an opportunity to see and examine the notice.

Information relating to membership in good standing of a trade union (including the number of employees who have signed membership cards and any revocations of membership received by the board under Regulation 4) shall be for the confidential use of the board and shall not be made public except in accordance with Section 124(4) of the Code.

Where the board orders that a representation vote be conducted, the vote shall be conducted in accordance with the Code and the Labour Relations Regulation.

A certification issued to a trade union certified under the Code shall be in a form set by the board.

applications for certification of councils of trade unions under section 41 of the Code; and

applications for revocation of bargaining rights under Sections 33 and 34 of the Code, but notice of the application shall be sent by the board to the trade union as well as to the employer and employees.

Information relating to the identity of employees making an application under Sections 33 or 34 of the Code (including the number of employees making the application) shall be for the confidential use of the board and shall not be made public except in accordance with Section 124(4) of the Code.

An application for accreditation under Section 43 of the Code shall be in a form set by the board.

The applicant shall at the time of application file evidence to satisfy the board that the provisions of Section 43(4) of the Code have been met.

An accreditation issued to an employers' organization accredited under the Code shall be in a form set by the board.

A complaint under Section 133 or an application under Section 143 of the Code alleging that a provision of Part 5 of the Code has been or will be contravened shall comply with Rules 2(2) and 2(3) in particular, and shall

state the date, time and location that the applicant wishes to appear before the board to apply for the order it seeks, which shall be at least twenty-four (24) hours after a copy of the complaint and a copy of this Rule have been served upon the respondent and any other interested party; and

where a hearing is requested earlier that is provided in paragraph (a), state that an expedited hearing of the complaint is requested and the reasons for the request, specifying the nature of any harm anticipated or resulting from the violations complained of.

A hearing of the complaint shall be held at the board's Vancouver office and at the date and time at which the applicant gave notice under sub-rule (1)(a) unless, at the request of any party, or by the board on its own motion, another date, time or location is designated by the board.

When the board designates a date, time or location other than the date, time and location of which the applicant has given notice, the board shall notify or cause to be notified all interested parties.

For purposes of notice under sub-rules (1) or (3), notice to a trade union or employers' organization is deemed to be notice to those persons against whom the complaint is made and it has authority to act as bargaining agent.

A respondent or other party proposing to contest a complaint under this Rule shall, where required by the board, before commencement of any hearing into the complaint, file a reply with the board in accordance with Rule 4(2) and deliver a copy of the complainant and any other interested party.

For purposes of this Rule, a complaint includes a complaint alleging a violation of Section 68 of the Code, an application for a declaratory opinion under Section 70 of the Code, and an application for permission to picket under Section 65(4)(a) or (b) of the Code.

be made in writing within fifteen (15) calendar days after the date of publication of the decision or award of an arbitration board;

be supported by a copy of the relevant collective agreement if subsequently requested by the board.

If an application is made under Section 99 of the Code, another party affected by the decision or award of the arbitration board may also apply under Section 99 of the Code within the later of

Where the application or any reply to it is founded upon material facts which are not evident on the face of a decision or award of an arbitration board, a statement of those material facts verified by statutory declaration must accompany the application or reply.

Regardless of Rule 4, a party shall not be required to file a reply to an application under Section 99 of the Code until directed by the board.

Where the board receives an application under Section 99 of the Code, it may

direct any party affected by the application to file a written summary of its position, in which case the board shall schedule a hearing where all parties are given a reasonable opportunity to make oral submissions; or

direct any party affected by the application to file a reply in accordance with Rule 4, in which case the board may either schedule a hearing for oral submissions or make a decision based on the written submissions of the parties.

Subject to Section 141 of the Code, any person directly affected by a decision or order of the board may make application to the board for leave to apply for reconsideration of the decision or order, if that person

applies for leave in writing within fifteen (15) calendar days after the date of publication of reasons for the decision or order;

Where an application for leave or a reply to it is founded upon material facts which are not evident on the face of the board's original decision or order, a statement of those facts verified by statutory declaration must accompany the application or reply.

The board shall determine its own practice and procedure for the hearing of applications seeking leave for reconsideration. Without limiting the foregoing, the board may determine whether submissions should be sought from other affected parties before considering the leave application, and whether a hearing should be conducted.

Where leave to apply for reconsideration is granted, the board may permit or require the filing of submissions on the merits of the reconsideration in accordance with time limits set by the board.

A statement required to be filed with the board pursuant to Section 150(1) of the Code by a provincial, national or international trade union that assumes supervision or control over a subordinate trade union shall be in a form set by the board.

Votes directed by the board under the Code, strike votes under Section 60 of the Code and lockout votes under Section 61 of the Code shall be held in accordance with the Code and Part 3 of the Regulation.

be made within five (5) working days after the date on which the return of poll is filed with the board, or such longer period as the board may permit.

Regardless of Rules 2(1) and 5(1), the following requests, applications and notices to the board shall be sent to the attention of the associate chair of the mediation division in Vancouver, British Columbia:

a joint request for appointment of a facilitator under Section 53(5) of the Code;

an application for appointment of a mediator under Section 55(1) of the Code; 

an application for appointment of a mediation officer under Section 74(1) of the Code;

a request for appointment of a fact finder under Section 77(1) of the Code; and

a request for a final offer vote under Section 78(1) or (2) of the Code.

For purposes of any application referred to in sub-rule (1), the provisions of Part 2 of these Rules apply with any necessary changes.