These rules have nine parts. Parts I, II, and VII list general, procedural and administrative matters that apply to all cases (except Rule 41, which only applies to those cases set out in the Rule). This means you should read these parts first, whatever kind of case you have. To help you find a rule the Index sets out the areas covered by the different rules. You should then check to see if your case is also covered by a specific section in the rules. The kinds of cases for which there are specific rules are set out in the Index, for example “applications under the Employment Standards Act” or “Construction Industry Grievances”. If a specific rule conflicts with one of the general rules, the specific rule is the one that applies to the extent necessary (see rule 1.3).
In addition, some words used in these rules have specialized meanings. The definitions for these words are set out at the beginning of these rules.
The Board also issues information bulletins which you should check as well for further information. The forms, notices, and information bulletins pertaining to a matter are listed directly under the relevant rule(s) or may be found in Part IX.
Copies of the forms, notices and information bulletins may be obtained from the Board's office in Toronto, located on the 2nd floor at 505 University Avenue, Toronto, Ontario M5G 2P1 (416.326.7500) or on its website at www.olrb.gov.on.ca/english/homepage.htm, where a complete list of all forms, notices and information bulletins is available.
PART I -- GENERAL MATTERS
RULE 1 APPLICATION, INTERPRETATION, CONFLICTS and DEFINITIONS
Application, Interpretation and Conflicts
1.1
These Rules apply to all cases before the Ontario Labour Relations Board.
1.2
Where matters are not covered by these Rules, the practice will be decided in a similar way, or in a way the Board or Registrar considers advisable.
1.3
Rules 1.4 and 41 and the Rules in Parts III, IV, V, and VI prevail where there is a conflict between these Rules and any other Rules in Parts I, II and VII.
1.4
In construction industry proceedings, where there is any conflict between the construction industry rules, practice notes or information bulletins and any other rules, practice notes or information bulletins, the construction industry provisions apply.
Definitions
1.5
In these Rules
a)
"Act" means the Labour Relations Act, 1995;
b)
"application" includes any application, complaint, statement of representations, referral, request or appeal made to the Board, and "applicant" means anyone making an application;
c)
"Board" means Ontario Labour Relations Board;
d)
"case" means a proceeding before the Board;
e)
"day" means any day of the week from Monday to Friday, excluding a statutory holiday and any other day the Board is closed;
f)
"electronic hearing" means a hearing held by conference telephone or some other form of electronic technology allowing persons to hear one another;
g)
"file" means file with the Board, and a "filing" is anything that is filed;
h)
“hearing” means a hearing in any proceeding before the Board including oral hearings, written hearings and electronic hearings;
i)
"in the way required by these Rules" includes the form and time required by the Rules;
j)
"membership evidence" includes written and signed evidence that an employee is a member of a trade union or has applied to become a member;
k)
"party" includes a person named in an application, a person asking to participate in a case, or a person added as a party by the Board, but does not include a person who the Board has decided is not a party;
l)
"person" includes a partnership, company, employer, employers' organization, trade union and council of trade unions;
m)
"Registrar" means the Registrar of the Board and includes her or his representative;
n)
"responding party" means anyone named in the application or who responds to it and includes an intervenor;
o)
"response" includes a reply, intervention, statement of desire, or any other response to an application;
p)
"response date" means the date set by the Board or Registrar for filing a response or other documents; and
q)
“written hearing” means a hearing held by means of the exchange of documents, whether in written form or by electronic means.
An application or response may not be processed if it does not comply with these Rules.
2.2
The Board may decide an application without further notice to anyone who has not filed a document in the way required by these Rules.
2.3
If a party receiving notice of an application does not file a response in the way required by these Rules, he or she may be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing or consultation, if one is scheduled, and decide the case upon the material before it without further notice.
2.4
No person will be allowed to present evidence or make any representations at any hearing or consultation about any material fact relied upon which the Board considers was not set out in the application or response and filed promptly in the way required by these Rules, except with the permission of the Board. If the Board gives such permission, it may do so on such terms as it considers advisable.
Where these Rules refer to a period of time, that period of time does not include Saturdays, Sundays, statutory holidays and any other day the Board is closed.
3.2
The Board or the Registrar may shorten or lengthen any time period set out in or under these Rules, as either considers advisable.
3.3
The Registrar may set a response date in any proceeding.
3.4
Except for applications covered by Part V [Construction Industry] of these Rules, the date of filing is the date a document is received by the Board at its office.
3.5
All filings must be received at the Board's office during normal business hours established by the Board (8:30 a.m. to 5:00 p.m.). A filing received by the Board after the close of business hours will be deemed to be filed on the next day, unless otherwise accepted by the Board or the Registrar.
A party intending to challenge the constitutional validity or applicability of any law, regulation or rule must give prompt notice to the Board and to the Attorneys General for Ontario and Canada in advance of the hearing.
4.2
The notice, in Form A-107, shall be served as soon as the circumstances requiring it become known, and, in any event, at least 15 days before the day on which the question is to be argued, unless the Board orders otherwise
Where a party in a case intends to allege improper conduct by any person, he or she must do so promptly after finding out about the alleged improper conduct and provide a detailed statement of all material facts relied upon, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly.
Every case must be started by completing, delivering and filing the proper application form and filing and delivering any other documents required by these Rules.
6.2
Each party must file one (1) signed original and one (1) copy of its application or response.
6.
Only the transmission copy is required where material is filed by facsimile transmission under Rule 6.9.
Manner of Delivery
6.4
Applications, responses, and requests covered by Rule 9 (certification), Rule 10 (termination of bargaining rights under section 63 of the Act), Rule 19 (interim orders), Rule 7.3(b) (strikes and lock outs), Rule 20 (Public Sector Labour Relations Transition Act, 1997), and Rules 30-37 (grievance referrals in the construction industry) must be delivered in one of the following ways:
(a)
hand delivery;
(b)
courier;
(c)
facsimile transmission;
(d)
any other way agreed upon by the parties.
6.5
All other applications, responses, and other documents may be delivered by any of the ways set out in Rule 6.4 or by Regular Mail.
6.6
Where the Board considers that it is impractical for any reason to deliver an application within the time period set out in these rules, the Board may make an order for substituted delivery or for such other order as may be appropriate.
6.7
The date a document is delivered is the date that document is received by another party or its authorized representative. However, a document delivered after 5:00 p.m. will be deemed to be delivered on the next day and a document delivered by regular mail will be deemed to be delivered on the fifth day after the document was mailed.
Manner of Filing
6.8
Applications, responses and other material that must be filed with the Board may not be filed by Registered Mail or e-mail. They may be filed in any other manner subject to the limitations on filing by facsimile transmission set out in Rule 6.9.
6.9
Only the following may be filed by facsimile transmission:
a)
responses and representations filed in cases covered by Rules 11.3 (representation votes), 9.5 and 25.5 (certification), 10.5 and 26.5 (termination of bargaining rights under section 63 or 132 of the Act), 19.2 (interim orders), 7.3(b) (strikes or lock outs), and applications and responses under section 61(7) (suspensions) of the OHSA;
b)
requests filed in cases covered by Rules 35.1 and 35.2 (grievance referrals in the construction industry) when accompanied by the filing fee and a duly completed Payment of Fee by Credit Card form (Form A-89); and
c)
other documents that are short and urgent.
Time limits for filing after delivery
6.10
Applications covered by sections 100, 101, or 144 of the Act (strikes and lock outs) must be filed with the Board not later than one (1) day after a copy of the application was delivered to the responding party.
6.11
Applications covered by Rule 9 (certification), Rule 10 (termination of bargaining rights under section 63 of the Act) and Rule 19 (interim orders) must be filed with the Board not later than two (2) days after a copy of the application was delivered to the responding party or parties.
6.12
All other applications must be filed with the Board not later than five (5) days after copies of the application were delivered to the responding party or parties.
6.13
The Board will not process an application that fails to comply with Rules 6.10 or 6.11 or 6.12 and the matter will be terminated.
RULE 7 APPLICATIONS AND RESPONSES – DELIVERY AND FILING
Applications
7.1
An application filed with the Board must include the following details:
(a)
the full name, address, telephone number, facsimile number and email address, if any, of the applicant, of a contact person for the applicant, of the responding party and of any other person who may be affected by the application;
(b)
the sections of the Act or any other act that relate to the application, including the sections that are claimed to have been violated, if any;
(c)
a detailed description of the orders or remedies requested;
(d)
a detailed statement of all the material facts on which the applicant relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
(e)
a certificate verifying delivery of the application to the responding party or parties.
7.2
Before, or at the same time as, filing the application with the Board, the applicant must deliver to the responding party (and to any affected party identified in the application):
(a)
a completed copy of the application;
(b)
any additional material or documents specified in Parts III to V of the Rules that relate to the particular application being filed;
(c)
a blank copy of the form set by the Board for responding to the application;
(d)
the appropriate Notice to Responding Party and/or Affected Party set by the Board in respect of the application; and
(e)
the appropriate Information Bulletin, if any.
Responses
7.3
A person receiving notice of an application who wants to participate in any way in the case must file a response with the Board not later than:
(a)
the response date (if one has been set);
(b)
one (1) day after the application under section 100, 101, or 144 was delivered;
(c)
two (2) days after the certification or termination application was delivered; or
(d)
ten (10) days after the application was delivered (if no response date has been set or the response is not covered by (b) or (c) above.
7.4
Before, or at the same time as, filing its response with the Board, the responding party must deliver a copy of the completed response to the applicant and to any other party.
7.5
Any response filed with the Board must include the following details:
(a)
the full name, address, telephone number, facsimile number and email address, if any, of the responding party, of a contact person for the responding party and of any other person who may be affected by the application;
(b)
a statement of agreement or disagreement with each fact or allegation in the application;
(c)
a statement of the responding party's position with respect to the orders or remedies requested by the other parties;
(d)
where the responding party relies on a version of the facts different from the applicant's, a detailed statement of all material facts on which the responding party relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
(e)
a certificate verifying delivery of the response to the applicant and to any other party.
Obligation to deliver copies of all filings to all other parties
8.1
In addition to applications, responses and material covered by other Rules, a party filing any document or correspondence with the Board must at the same time deliver a copy of the document or correspondence to all other parties in the case. Any such document or correspondence filed with the Board must be accompanied by a statement that the party filing it has delivered the document or correspondence to all other parties as required by this Rule. The statement must also include the names and titles of the persons to whom the documents were delivered and precise information regarding the date, time and method of delivery.
8.2
Rule 8.1 does not apply to documents disclosing whether a person supports or does not support a trade union.
Filing documents with the Board and delivering of documents to other parties
8.3
Each party must file with the Board not later than ten (10) days before the first date set for hearing or consultation two (2) copies of all documents upon which it will be relying in the case. At the same time, each party must deliver copies of those documents to each of the other parties.
8.4
Documents filed with the Board must be arranged in consecutively numbered pages and must be accompanied by a table of contents describing each document.
An application for certification as bargaining agent must also include:
a)
any membership evidence relating to the application;
b)
a list of employees, in alphabetical order, corresponding with the membership evidence filed; and
c)
a declaration verifying the membership evidence (Form A-4).
9.2
Membership evidence will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. Membership evidence must also accompany the application for certification and disclose the date upon which each signature was obtained.
9.3
Before, or at the same time as, filing the application with the Board, the applicant must deliver to the responding party:
a)
a completed copy of the application (but not including the material described in paragraphs (a), (b), and (c) of Rule 9.1);
b)
a blank copy of the form set by the Board for responding to the application (Form A-2), including Schedules A and B (List of Employees);
c)
a completed copy of the Notice to Employer of Application for Certification (Form C-1);
d)
a copy of Information Bulletin No. 1 -- Certification of Trade Unions;
e)
a copy of Information Bulletin No. 3 -- Vote Arrangements;
f)
a copy of Information Bulletin No. 4 -- Status Disputes in Certification Applications; and
g)
a copy of Part III of the Board's Rules of Procedure.
9.4
If the applicant has identified an affected trade union in its application, the applicant must deliver the following to the affected trade union before or at the same time as filing its application with the Board:
a)
A completed copy of the application (but not including the material described in paragraphs (a), (b), and (c) of Rule 9.1);
b)
a blank copy of the form set by the Board for intervening in the application (Form A-3);
c)
a copy of Information Bulletin No. 1 -- Certification of Trade Unions;
d)
a copy of Information Bulletin No. 3 -- Vote Arrangements;
e)
a copy of Information Bulletin No. 4 -- Status Disputes in Certification Applications; and
f)
a copy of Part III of the Board's Rules of Procedure
9.5
A responding party must file a response to the application, including Schedules A and B, not later than two (2) days after the application was delivered to it.
An application for termination of bargaining rights under section 63 of the Act must also include:
a)
any evidence relating to the application that employees do not wish to be represented by the trade union
b)
a list of employees, in alphabetical order, corresponding with the evidence filed; and
c)
a declaration verifying evidence of employees wishes (Form A-9)
10.2
Evidence that employees do not wish to be represented by a trade union will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. The evidence must also accompany the application and disclose the date upon which each signature was obtained.
10.3
Before or at the same time as filing the application with the Board, the applicant must deliver to the responding party
a)
a completed copy of the application (but not including the material described in paragraphs (a), (b) and (c) of Rule 10.1);
b)
a blank copy of the form set by the Board for responding to the application (Form A-7);
c)
a completed copy of the Notice to Union of Application for Termination of Bargaining Rights under Section 63 of the Act (Form C-3);
d)
a copy of Information Bulletin No. 2 -- Termination of Bargaining Rights under Section 63 of the Act;
e)
a copy of Information Bulletin No. 3 -- Vote Arrangements;
f)
a copy of Information Bulletin No. 5 -- Status Disputes in Termination Applications; and
g)
a copy of Part III of the Board's Rules of Procedure
and must also deliver to the employer
h)
a completed copy of the application (but not including the material described in paragraphs (a), (b) and (c) of Rule 10.1);
i)
a blank copy of the form set by the Board for intervening in the application (Form A-8), including Schedule C (List of Employees);
j)
a completed copy of the Notice to Employer of Application for Termination of Bargaining Rights under Section 63 of the Act (Form C-4);
k)
a copy of Information Bulletin No. 2 -- Termination of Bargaining Rights under Section 63 of the Act;
l)
a copy of Information Bulletin No. 3 -- Vote Arrangements;
m)
a copy of Information Bulletin No. 5 -- Status Disputes in Termination Applications; and
n)
a copy of Part III of the Board's Rules of Procedure
10.4
Delivery by the applicant to the responding party under Rule 10.3 should be made to the senior union official responsible for the bargaining unit.
10.5
A responding party (which includes an intervenor) must file a response to the application (which includes an intervention) not later than two (2) days after the application was delivered to it. Whether or not it otherwise responds to the application, the employer must file Schedule C (List of Employees) with the Board not later than two (2) days after the application was delivered to it.
Where the Board directs the taking of a representation vote, the Registrar may make all necessary directions and arrangements.
11.2
After the vote, or after the ballots have been counted where the ballot box was sealed, the returning officer will prepare a report of the vote which will be given or sent to the parties and which must be posted in the workplace by the employer.
11.3
Any party or person who wishes to make representations about the vote or the report must file those representations in writing promptly, and in any event within five (5) days of the date the report was first posted. If a party or person wants an oral hearing, this request must be set out in the representations together with the reasons for the request in the way required by these Rules.
Notice to Responding Party and/or Affected Party of Application Concerning Work Assignment
13.1
An applicant must file with the application, and every responding party must file with any response,
(a)
any collective agreement, or if the collective agreement has been filed with the Registrar and given an identification code, only the code shall be set out in the referral;
(b)
any agreement or understanding between the trade unions as to their respective jurisdictions or work assignment;
(c)
any agreement or understanding between a trade union and an employer as to work assignment;
(d)
any decision of any tribunal respecting work assignment; and
(e)
any other document relating to the work in dispute which may be in their possession and on which they intend to rely to support their claim for relief or that the relief asked for should not be given, and a statement about any area or trade practice relating to the work in dispute, and pictures, diagrams or drawings of the disputed work.
13.2
Each party must also file, at the same time as they file an application or response, a brief which contains a statement of the issues in dispute, including a detailed description of the work in dispute, and the facts on which they intend to rely.
Notice to Responding Parties and/or Affected Party of application for Declaration Concerning Status of Successor Trade Union
14.1
An application for a declaration concerning trade union successor status under section 68 of the Act must name the employer and the predecessor union as responding parties and must also include:
(a)
a list of all relevant documents and copies of those documents; and
(b)
complete written representations in support of the specific order requested.
14.2
A response to an application under section 68 of the Act must state whether an oral hearing is requested and also include:
(a)
reasons for the request, if made;
(b)
a list of all relevant documents and copies of those documents; and
(c)
complete representations in support of its position with respect to the specific order sought by the applicant.
Notice to Responding Party and/or Affected Party of Application under Section 69 and/or Subsection 1(4) of the Act (Sale of Business and/or Related Employer)
15.1
If the application relates to bargaining rights in the industrial, commercial and institutional sector of the construction industry, the applicant must name the relevant employee bargaining agency and employer bargaining agency as affected parties and must deliver material to them in accordance with these Rules.
15.2
Where the application relates to bargaining rights affecting an accredited employers' organization, the applicant must name the employers' organization as an affected party and must deliver material to it in accordance with these Rules.
Delivery by the applicant to the responding party of an application alleging a breach of the duty of fair representation or the duty of fair referral should be made to the senior union official responsible for the bargaining unit or to the senior union official at the hiring hall.
16.2
An application alleging a breach of the duty of fair representation must name the employer as an affected party and must be delivered to the employer (together with a blank copy of the form set by the Board for responding in the application (Form A-30) and a Notice of Application under Section 74 of the Act (Form C-14)) before it is filed with the Board.
Where the Board receives a reference from the Minister of Labour or the Director of Employment Standards, the Registrar may direct the parties identified by the Minister or by the Director to file written material as required by Rules 7.2 and 7.4. Such direction may also require that the written material filed
(a)
state whether or not a hearing is requested;
(b)
where a hearing is requested, state the reasons for the request;
(c)
contain a list of all relevant documents and copies of those documents, if the party has them;
(d)
include any other information or document, as required by the Registrar.
17.2
Material must be filed by the parties in the way required by the Registrar.
A request for reconsideration must include complete written representations in support of the request.
18.2
Where a party is directed to file a response to the request, it must include complete written representations in support of its position.
18.3
No request for reconsideration will be considered where it is filed more than twenty (20) days after the date of the Board's decision, except with the permission of the Board.
Notice to Responding Party and/or Affected Party of Application for Interim Order
19.1
An application for an interim order must include:
(a)
one or more declarations signed by persons with first hand knowledge, detailing all of the facts upon which the applicant relies. Each signed declaration must include the following statement: “This declaration has been prepared by me or under my instruction and I hereby confirm its accuracy”;
(b)
complete written representations in support of the applicant’s position; and
(c)
a copy of the pending application in relation to which the interim order is being requested.
19.2
A responding party must file a response to the application not later than two (2) days after the application was delivered. A completed response must also include:
(a)
one or more declarations signed by persons with first hand knowledge, detailing all of the facts upon which the responding party relies. Each signed declaration must include the following statement: “This declaration has been prepared by me or under my instruction and I hereby confirm its accuracy”;
(b)
complete written representations in support of its position.
19.3
Where the application is pursuant to section 98(1)(b) [reinstatement] or 98(1)(c) [terms and conditions], the applicant and respondent must address in their written representations whether:
(a)
the circumstances giving rise to the pending proceeding occurred at a time when a campaign to establish bargaining rights was underway;
(b)
there is a serious issue to be decided in the pending proceeding;
(c)
the interim relief is necessary to prevent irreparable harm or is necessary to achieve other significant labour relations objectives,
(d)
the balance of harm favours the granting of the interim relief pending a decision on the merits in the pending proceeding;
(e)
the alteration of terms and conditions, dismissal, reprisal, penalty or discipline by the employer was related or unrelated to the exercise of rights under the Act by an employee.
Notice to Responding Party and/or Affected Party of Application under the Act (Public Sector Labour Relations Transition Act, 1997)
20.1
An application under section 21, 22 or 23 of the PSLRTA may include a related application under section 9.
20.2
Unless the Board directs otherwise, Rules 7.1 and 7.5 do not apply to applications and responses under section 21, 22 or 23 of the PSLRTA.
20.3
A responding party must deliver a response to an application under section 21, 22 or 23 of the PSLRTA not later than five (5) days after the application was delivered to it. A responding party must deliver a response to any other application under the PSLRTA not later than ten (10) days after the application was delivered to it.
20.4
A successor employer who applies or who responds to an application under section 21, 22 or 23 of the PSLRTA must set out the following information regarding each bargaining agent representing the successor employer's employees:
(a)
the name, address, telephone number and facsimile number of each bargaining agent;
(b)
a description of the bargaining unit represented by each bargaining agent; and
(c)
the number of employees in each bargaining unit.
20.5
A trade union receiving notice of an application under section 21, 22 or 23 of the PSLRTA which wants to participate in the case must file a response as directed by the Board.
Applications for Review under the Employment Standards Act, 2000
21.1
An ESA case must be started by completing and filing one (1) copy of the proper application form. No delivery to the respondent(s) is required (rule 6.1 does not apply to an ESA application) and no response is required to be filed by a respondent (other than by the Director of Employment Standards as specifically set out below).
21.2
The Director of Employment Standards (the “Director”) must provide the following documents or information to the Board within twenty (20) days after the date of the letter or notice from the Board informing the Director that an application has been filed:
a)
the name and address of every affected employee, employer, and director;
b)
a copy of the Employment Standards Officer's Narrative Report;
c)
a copy of the Order to Pay (together with the Officer's worksheets), or the letter advising the employee of the Order, or the letter advising of the refusal to issue an Order, or a copy of the Notice of Contravention, as applicable;
d)
proof of payment of money to the Director in trust or a statement that an irrevocable letter of credit acceptable to the Director has been provided, if applicable;
e)
Verification (including the certificate of the Employment Standards Officer made under sections 103(7) and/or 113(4) of the ESA) that the Order to Pay or the Notice of Contravention, or the letter advising the employee of the Order, as applicable, referred to in paragraph c) have been served, together with precise information about how, when and where the documents were delivered;
f)
Verification that the letter referred to in paragraph c) advising of the refusal under section 110 to issue an order has been served, together with precise information about how, when and where the documents were delivered;
g)
In the case of an application under section 116(1) of the ESA, precise information as to whether the Director has paid the wages or compensation to the employee and whether a collector’s fee or disbursements have been added to the amount of the Order under section 128(2) of the ESA, and if so, whether the fees and disbursements were paid by the persons to whom the Order was issued.
21.3
Where the Director fails to provide the information required under paragraph g) of rule 21.2 in the way required by these Rules, the Board may be satisfied that the Director has not paid to the employees the wages or compensation that were the subject of the order and the Board may be satisfied that any collector’s fees or disbursements that may have been added to the amount of an Order under section 128(2) of the ESA were paid by the person to whom the order was issued.
21.4
A responding party that files a response or other document with the Board must, at the same time, deliver copies to all other parties and must verify in writing that it has done so. For greater certainty, this Rule applies to the documents provided by the Director of Employment Standards under Rule 21.2.
21.5
The Director of Employment Standards must file a response to an application to review a compliance order issued under section 108 of the ESA, and must file a response to an application to review a Notice of Contravention issued under section 113 of the ESA. The response must comply with Rule 7.5 and Rule 21.4 and must be filed with the Board not later than twenty (20) days after the date of the Confirmation of Filing sent by the Board.
OCCUPATIONAL HEALTH AND SAFETY ACT APPEALS OF AN INSPECTOR'S ORDER
22.1
An application under section 61 (1) of the OHSA must be made in writing on Form A-65 and must include all of the information requested on that form, including a copy of the Inspector's Order (Field Visit/Report).
22.2
A response to an application must be made on Form A-66 and must include all of the information requested on that form.
22.3
The responding parties must file their written response to the application not later than twenty-one (21) calendar days before the hearing or consultation that is scheduled in the matter. Before or at the same time as filing their response with the Board, the responding parties must deliver copies of the response to all other parties in the case and must verify in writing that they have done so.
Applications for Suspension of an Inspector's Order under Section 61(7) of the OHSA
OCCUPATIONAL HEALTH AND SAFETY ACT APPLICATION FOR SUSPENSION OF AN INSPECTOR'S ORDER OR DECISION
22.4
An application under section 61(7) of the OHSA will be considered by the Board only where it is accompanied by an appeal under section 61(l) of the OHSA or where an appeal under section 61(l) has already been filed with the Board. An application under section 61(7) must be made on Form A-67 and must include all of the information requested on that form.
22.5
A response to an application must be made on Form A-68 and include all of the information requested on that form.
22.6
The responding parties must file their written response to the application not later than ten (10) days after the date of the Confirmation of Filing sent by the Board. Before or at the same time as filing their response with the Board, the responding parties must deliver copies of the response to all other parties in the case and must verify in writing that they have done so.
Notice to Responding Party and/or Affected Party of Application for Accreditation, Construction Industry
23.1
A copy of the applicant's charter, constitution or by laws must be filed with an application for accreditation
23.2
The applicant for accreditation must also file by the response date:
(a)
proof that it is authorized by each employer whom it represents to act as a bargaining agent;
(b)
an alphabetical list of employers corresponding with the evidence of representation filed; and
(c)
an alphabetical list of employers claimed to be in the unit of employers.
23.3
The applicant for accreditation must also file, not later than the second day after the response date, a declaration concerning representation documents in the form set by the Board.
23.4
If an employers' organization, trade union or council of trade unions that is served with notice or claims to have an interest in the application does not file a response by the response date, it may be deemed to have abandoned any claim to have an interest in the application.
23.5
The Registrar may set an employer response date in any application and may change that employer response date if he or she considers it advisable.
23.6
An employer which is served with notice must make an employer filing in the form set by the Board not later than the employer response date. An employer which has made an employer filing may appear at the hearing.
23.7
Evidence of representation or of objection or that employers no longer wish to be represented by an accredited employers' organization will not be considered by the Board unless the evidence is in writing, and signed by each employer concerned, and is accompanied by the full name, address, telephone number and facsimile number, if any, of each employer concerned and of a contact person.
23.8
Evidence of representation or that employers no longer wish to be represented by an accredited employers' organization must be filed no later than the response date
23.9
Evidence of objection must be accompanied by the full name, address, telephone number and facsimile number, if any, of the employers' organization and must be filed not later than the employer response date.
23.10
The Board will not consider oral evidence of representation or of objection or that employers no longer wish to be represented by an accredited employers' organization, except to identify or substantiate the evidence.
23.11
Any employer or group of employers affected by an application who wishes to make representations in opposition to the application must file a statement in writing in the form set out by the Board not later than the employer response date. Any employer or group of employers which has filed such a statement may appear at the hearing.
23.12
Where any employer or group of employers files a statement and does not appear at the hearing or send a representative to present evidence as to the circumstances of the written evidence, including how it was created and the way in which each signature was obtained, the Board may dispose of the application without considering the statement.
CERTIFICATION AND TERMINATION APPLICATIONS IN THE CONSTRUCTION INDUSTRY
RULE 24 FILING AND DELIVERING
24.1
Applications and all other material required to be delivered under Part V of these Rules must be delivered in one of the following ways:
(a)
facsimile transmission;
(b)
Priority Courier;
(c)
hand delivery; or
(d)
any other way agreed upon by the parties.
24.2
The date of filing is the date that a document is received by the Board. However, if an application is sent by Priority Courier, the date of filing is the date on which the application is sent (as verified by the Post Office).
24.3
An applicant must verify in writing that it has delivered the application and other material as required by these Rules by filing a Certificate of Delivery not later than two (2) days after filing the application with the Board. The Board will not process an application that fails to comply with this Rule and the matter will be terminated.
An application for certification as bargaining agent must also include:
(a)
any membership evidence relating to the application;
(b)
a list of employees, in alphabetical order, corresponding with the membership evidence filed; and
(c)
a declaration verifying the membership evidence (Form A-74).
25.2
Membership evidence will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. Membership evidence must also accompany the application for certification and disclose the date upon which each signature was obtained.
25.3
The applicant must deliver the following to the responding party not later than two (2) days after filing the application with the Board:
(a)
a completed copy of the application (but not including the material described in paragraphs (a), (b), and (c) of Rule 25.1);
(b)
a blank copy of the form set by the Board for responding to the application (Form A-72), including Schedule A (List of Employees);
(c)
a completed copy of the Notice to Employer of Application for Certification, Construction Industry (Form C-32);
(d)
a copy of Information Bulletin No. 6 -- Certification of Trade Unions in the Construction Industry;
(e)
a copy of Information Bulletin No. 8 -- Vote Arrangements in the Construction Industry;
(f)
a copy of Information Bulletin No. 9 -- Status Disputes in Certification Applications in the Construction Industry; and
(g)
a copy of Part V of the Board's Rules of Procedure.
25.4
If the applicant has identified an affected trade union in its application, the applicant must deliver the following to the affected trade union not later than two (2) days after filing its application with the Board:
(a)
a completed copy of the application (but not including the material described in paragraphs (a), (b), and (c) of Rule 25.1);
(b)
a blank copy of the form set by the Board for intervening in the application (Form A-73);
(c)
a copy of Information Bulletin No. 6 -- Certification of Trade Unions in the Construction Industry;
(d)
a copy of Information Bulletin No. 8 -- Vote Arrangements in the Construction Industry;
(e)
a copy of Information Bulletin No. 9 -- Status Disputes in Certification Applications in the Construction Industry; and
(f)
a copy of Part V of the Board's Rules of Procedure.
25.5
A responding party must file a response to the application, including Schedule A, not later than two (2) days after the application was delivered to it.
25.6
Where an application for certification is filed pursuant to the construction industry provisions and the Board finds that the application does not come within those provisions, the Board shall issue such directions as it considers necessary for processing the application.
An application for termination of bargaining rights under section 63 or 132 of the Act must also include
(a)
any evidence relating to the application that employees do not wish to be represented by the trade union;
(b)
a list of employees, in alphabetical order, corresponding with the evidence filed; and
(c)
a declaration verifying evidence of employees wishes (Form A-80).
26.2
Evidence that employees do not wish to be represented by a trade union will not be considered by the Board unless the evidence is in writing and signed by each employee concerned. The evidence must also accompany the application and disclose the date upon which each signature was obtained.
26.3
The applicant must deliver the following to the union not later than two (2) days after filing its application with the Board:
(a)
a completed copy of the application (but not including the material described in paragraphs (a), (b) and (c) of Rule 26.1);
(b)
a blank copy of the form set by the Board for responding to the application (Form A-78);
(c)
a completed copy of the Notice to Union of Application for Termination of Bargaining Rights under Section 63 or 132 of the Act, Construction Industry (Form C-34);
(d)
a copy of Information Bulletin No. 7 Termination of Bargaining Rights in the Construction Industry under Section 63 or 132 of the Act;
(e)
a copy of Information Bulletin No. 8 Vote Arrangements in the Construction Industry;
(f)
a copy of Information Bulletin No. 10 Status Disputes in Termination Applications in the Construction Industry;
(g)
a copy of Part V of the Board's Rules of Procedure;
and must also deliver to the employer:
(h)
completed copies of the application (but not including the material described in paragraphs (a), (b) and (c) of Rule 26.1);
(i)
a blank copy of the form set by the Board for intervening in the application (Form A-79), including Schedule C (List of Employees);
(j)
a completed copy of the Notice to Employer of Application for Termination of Bargaining Rights under Section 63 or 132 of the Act, Construction Industry (Form C-35);
(k)
a copy of Information Bulletin No. 7 Termination of Bargaining Rights in the Construction Industry under Section 63 or 132 of the Act;
(l)
a copy f Information Bulletin No. 8 Vote Arrangements in the Construction Industry;
(m)
a copy of Information Bulletin No. 10 Status Disputes in Termination Applications in the Construction Industry ; and
(n)
a copy of Part V of the Board's Rules of Procedure.
26.4
Delivery by the applicant to the responding party under Rule 26.3 should be made to the senior union official responsible for the bargaining unit.
26.5
A responding party (which includes an intervenor) must file a response to the application (which includes an intervention) not later than two (2) days after the application was delivered to it. Whether or not it otherwise responds to the application, the employer must file Schedule C (List of Employees) with the Board not later than two (2) days after the application was delivered to it.
Notice to responding Party and/or Affected Party of Application under Section 127.2 of the Act (Termination of Bargaining Rights, Non-Construction Employer)
27.1
If the application relates to bargaining rights in the industrial, commercial and institutional sector of the construction industry, the applicant must name the relevant employee bargaining agency, its affiliated bargaining agents, and the employer bargaining agency as affected parties and must deliver material to them in accordance with these Rules. If the application relates to bargaining rights affecting an accredited employers' organization, the applicant must name the employer's organization as an affected party and must deliver material to it in accordance with these Rules.
27.2
A responding party (which includes an intervenor) must file a response to the application not later than ten (10) days after the application was delivered to it.
Notice to Responding Party and/or Affected Party of Notice of Jurisidictional Dispute in the Construction Industry
28.1
An applicant must file with the Notice of Jurisdictional Dispute in the construction industry, and every responding party must file with any response, a description of the Work in Dispute, the project, and how and when the dispute arose.
28.2
An employer, whether the applicant or responding party in a jurisdictional dispute application, is required to file with its notice or response, all documents, including but not limited to, plans, drawings, specifications and sketches, that will assist the Board in determining a description of the work in dispute.
28.3
A party responding to a Notice of Jurisdictional Dispute in the construction industry must file its response not later than five (5) days after the date of the Confirmation of Filing issued by the Board.
28.4
Every party to Notice of Jurisdictional Dispute in the construction industry will participate in a pre-consultation conference convened by the Board.
28.5
A party seeking an expedited consultation must set out its preferred time lines in its application or response.
28.6
Parties to a Notice of Jurisdictional Dispute in the construction industry will be required to exchange briefs in the following manner, unless otherwise directed by the Board:
a)
first brief: 6 weeks from the pre-consultation conference;
b)
other parties' briefs: 6 weeks from receipt of first brief;
c)
reply brief: 3 weeks from receipt of responding briefs.
means a Request for Hearing and Notice of Intent to Defend/Participate;
"fees"
include filing fees and hearing fees;
"filing fee"
means the fee paid to the Minister of Finance at the Office of the Board when an applicant files its application and when a responding party files its Request; and
"hearing fee"
means the fee paid to the Minister of Finance at the Office of the Board by each party or participant for each hearing day or part of such day scheduled by the Board.
The following fees, exclusive of all applicable taxes, are payable in respect of a proceeding under section 133 of the Act:
(a)
The fee payable by the referring party for filing a Referral of Grievance of Arbitration (Construction Industry) with the Board is $200.00.
(b)
The fee payable by each party for filing a Request for Hearing and Notice of Intent to Defend/Participate (Construction Industry Grievance Referral) with the Board is $200.00.
(c)
If the matter proceeds to a hearing, the fee payable by each party is $500.00 per hearing day or part of such a day scheduled by the Board.
31.2
Filing fees must be paid by each party at the time that an application or Request is filed.
31.3
Fees must be paid at the Office of the Board by certified cheque or money order made payable to the "Minister of Finance", debit card, VISA or Mastercard. The Board will not accept fees paid in cash.
31.4
Hearing fees must be paid no later than the commencement of the hearing on the day to which the fee relates. Hearings commence at 9:30 a.m. The Board may extend this time to 10:30 a.m. where it considers it advisable. The Board may further extend this time only where the failure of a party or participant to attend at the Board is excused by the Board. Rules 40.7 and 3.2 do not apply to this Rule.
31.5
Fees paid to the Board will not be refunded except where a hearing is cancelled or adjourned at the behest of the Board.
The Registrar will not accept and the Board will not process any application or request that is not accompanied by the filing fee set out in these Rules.
32.2
Where an applicant has failed to pay the hearing fee as required by these Rules, the hearing will be cancelled and the application will be terminated unless the Board otherwise directs.
32.3
A responding party who has failed to pay the filing fee or hearing fee as required by these Rules, may not participate in the case, including the hearing (if one is held) in any way, except with the permission of the Board
RULE 33 NOTICE TO ACCREDITED EMPLOYERS' ORGANIZATIONS AND TO EBAs IN THE I.C.I. SECTOR
33.1
If the grievance relates to a collective agreement in the industrial, commercial and institutional sector of the construction industry, the applicant must name the employee bargaining agency and the employer bargaining agency as affected parties and must deliver material to them in accordance with these Rules.
33.2
If the grievance relates to a collective agreement between an accredited employers' organization and a trade union, the applicant must name the employers' organization as an affected party and must deliver material to it in accordance with these Rules.
An application to the Board under section 133 of the Act must include:
(a)
a copy of the grievance being referred; and
(b)
a single copy of the collective agreement under which the grievance was made, or if the collective agreement has been filed with the Registrar and given an identification code, only the code shall be set out in the referral.
34.2
Before, or at the same time as, filing its application with the Board, the applicant must deliver the following to the responding party:
(a)
a completed copy of the application (Form A-86), including the grievance, but not the collective agreement;
(b)
a completed copy of the Notice of Grievance Referral (Form C-38);
(c)
a blank copy of the Request for Hearing and Notice of Intent to Defend (Form A-87);
(d)
a blank response form;
(e)
a copy of Information Bulletin No. 20;
(f)
a blank Payment of Fee by Credit Card form (Form A-89); and
(g)
a copy of Part VI of the Board's Rules of Procedure.
34.3
If the application relates to a collective agreement in the industrial, commercial and institutional sector of the construction industry, the applicant must also deliver the following to the relevant employee bargaining agency and employer bargaining agency before, or at the same time as, filing the application with the Board:
(a)
a completed copy of the application (Form A-86), including the grievance, but not the collective agreement;
(b)
a completed copy of the Notice of Grievance Referral (Form C-38);
(c)
a blank response form; and
(d)
a blank copy of the Request for Hearing and Notice of Intent to Participate (Form A-87).
34.4
If the application relates to a collective agreement between an accredited employers' organization and a trade union, the applicant must also deliver the following to that accredited employers’ organization before, or at the same time as, filing the application with the Board:
(a)
a completed copy of the application (Form A-86), including the grievance, but not the collective agreement;
(b)
a completed copy of the Notice of Grievance Referral (Form C-38);
(c)
a blank response form; and
(d)
a blank copy of the Request for Hearing and Notice of Intent to Participate (Form A-87).
RULE 35 REQUEST FOR HEARING AND NOTICE OF INTENT TO DEFEND OR PARTICIPATE
35.1
A responding party that wishes to participate in the case must file with the Board a "Request for Hearing and Notice of Intent to Defend/Participate" (Form A-87) not later than five (5) days after the date of the Confirmation of Filing sent by the Board.
35.2
Before, or at the same time as, filing a Request, a responding party must deliver a copy of its completed Form A-87 to the applicant and to any other responding party named in the application.
If a responding party does not deliver and file a "Request for Hearing and Notice of Intent to Defend" (Form A-87) in the way required by these Rules, he or she may automatically be deemed to have accepted all of the facts stated in the application, and the Board may cancel a hearing (if one is scheduled), and decide the case (or part of the case) upon the material before it without further notice.
36.2
Where the facts stated in the application are deemed to be true and the Board considers that it can make a finding of liability, but cannot determine the question of damages, the Board may decide the liability issue under Rule 36.1 and leave the damages issue to be determined at an oral hearing.
36.3
Where the Board decides or has decided a case (or part of a case) under Rule 36.1, the responding party may not file a Request or a response, or take any other step in connection with the application, other than a reconsideration application, except with the permission of the Board.
A responding party who has filed a Request in compliance with Rules 35.1 and 35.2, must also file a response to the application with the Board not later than 9:30 a.m. on the morning of the hearing. Before, or at the same time as, filing its response, a responding party must deliver a copy of the response to the applicant and to any other responding party who has filed a Request.
Where a hearing or consultation will be held in a case, written notice will be given to all parties setting out the time, date and place of the hearing or consultation.
38.2
Where the Registrar considers that it is impractical to give written notice of the hearing or consultation, the Registrar may give verbal or other notice of the hearing or consultation.
Adjournments
38.3
The Board or Registrar may adjourn a case if either considers that the adjournment is consistent with the purposes of the relevant act. The Board or Registrar may adjourn on such terms as either considers advisable.
Written Hearings
38.4
The Board may conduct a written hearing in any case before it, as the Board considers advisable. Unless the only purpose of the hearing is to deal with procedural matters, the Board will not conduct a written hearing if a party satisfies the Board that there is good reason for not doing so.
Electronic Hearings
38.5
The Board may conduct an electronic hearing in any case before it, as the Board considers advisable. Unless the only purpose of the hearing is to deal with procedural matters, the Board will not conduct an electronic hearing if a party satisfies it that holding an electronic hearing is likely to cause the party significant prejudice.
Failure to attend or participate in a Hearing or Consultation
38.6
Where any person has been notified of a hearing or consultation in the way required by these Rules and fails to attend (in the case of an oral hearing or consultation) or to participate (in the case of a written or electronic hearing), the Board may decide the application without further notice to that person and without considering any document filed by that person.
RULE 39 DISMISSAL WITHOUT A HEARING OR CONSULTATION
39.1
Where the Board considers that an application does not make out a case for the orders or remedies requested, even if all of the facts stated in the application are assumed to be true, the Board may dismiss the application without a hearing or consultation. In its decision, the Board will set out its reasons.
The Board may set the forms and notices to be used in its cases, and may change those forms and notices from time to time.
40.2
The Board or Registrar may give directions as either considers necessary to provide notice to any person.
40.3
The Board or Registrar may require any person to post notices. The Board or Registrar may also give any directions about the posting, including when the notices must be posted, where, how many and for how long.
40.4
The applicant and any person directed to post notices must promptly inform the Registrar of the date and time of the postings.
40.5
The Board may allow a filing to be amended as the Board considers advisable.
40.6
The Board may also require a person to provide any further information, document or thing that the Board considers may be relevant to a case and to do so before or during a hearing.
40.7
The Board may relieve against the strict application of these Rules where it considers it advisable.
40.8
The Board may direct that any person be added or removed as a party or be sent any document, as the Board considers advisable.
40.9
The Board may consolidate or hear any cases together on such terms as it considers advisable.
40.10
A labour relations officer may be authorized in any case to meet with the parties, to help them resolve any issue, to make any inquiries, or for any other purpose.
41.1 Rules 41.2 and 41.3 apply to the Ambulance Services Collective Bargaining Act, 2001, Public Sector Labour Relations Transition Act, 1997, s. 32 of the Local Health System Integration Act, 2006, Part IV of the Crown Employees Collective Bargaining Act, 1993, section 61 of the Occupational Health and Safety Act, section 118(2) of the Employment Standards Act, 2000 and sections 8.1, 13, 98, 99, 114(2) and 126 to 168 of the Labour Relations Act, 1995.
41.2
In order to expedite proceedings, the Board or Registrar may, on such terms as either considers advisable, consult with the parties, conduct a pre hearing conference, issue any practice direction, shorten or lengthen any time period, change any filing or delivery requirement, schedule a hearing, if any, on short notice, or cancel such hearing, or make or cause to be made such examination of records or other inquiries as either considers necessary in the circumstances.
41.3
Where the Board is satisfied that a case can be decided on the basis of the material before it, and having regard to the need for expedition in labour relations matters, the Board may decide an application by limiting the parties' opportunities to present their evidence or to make their submissions, or without a hearing.
These Rules apply to all cases before the Board on the date these Rules come into force, unless the Board orders otherwise.
42.3
Any case started or document filed before the coming into force of these Rules is not invalidated merely because such act or filing does not conform to these Rules.
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