A proceeding before the Labour Relations Board involves the individuals or organizations named in an application. They are usually referred to as the applicant (the party that filed the application) and the respondent (the party against whom the application was filed).
However, a person or organization not named in the application may want to participate because they believe they have an interest in the decision the Board makes. In order to do so, they must make an application to the Board for standing.
There are three types of standing:
- interested party status,
- intervenor status, and
- discretionary status.
Not all interests in the outcome of a proceeding are enough to be granted standing to participate.
Interested party status
To be granted interested party status in a proceeding, you must show how your rights will be affected in a direct and legally material way.
Legally material means that the dispute affects your rights under the Code, not that you might be affected by the outcome. For example, you might be affected by a strike but your rights under the Code are not.
Intervenor standing may be granted if the applicant can show that its participation can assist the Board in dealing with an issue of significant importance to the labour relations community.
In exceptional circumstances, the Board may exercise its discretion to grant standing where an applicant can show there is a significant issue or problem that the parties to application will not raise.
When can an application for standing be filed?
Applications should be filed as quickly as possible because, if standing is granted, it may affect the submissions or hearing process.
How to apply for standing
To apply for standing, an applicant must:
- Complete an application by written submission (i.e. letter)
- Make sure the application has the information required by the Rules
- Make sure the application says which type of standing you are applying for
- Make sure the application includes all the information you are relying on to support your request
- Submit the application by email, mail, or courier
- Serve the parties to the application as required by the Rules
- Arrange to pay the filing fee