Canada Industrial Relations Board Regulations, 2012 (SOR/2001-520)

PART 5Applications for Declaration of an Invalid Vote

41 An application for the declaration of an invalid strike or lockout vote made under subsection 87.3(4) or (5) of the Code must include

• (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable;

• (b) the name, postal and email addresses and telephone and fax numbers of the respondent;

• (c) reference to the provision of the Code under which the application is being made;

• (d) full particulars of the facts, relevant dates and grounds for the application;

• (e) full particulars of the alleged irregularities in the conduct of the vote that affected the outcome of the vote;

• (f) the date on which the results of the vote were announced;

• (g) a copy of supporting documents for the application;

• (h) the date and description of any order or decision of the Board relating to the application;

• (i) an indication as to whether a hearing is being requested and if so, the reasons for the request; and

• (j) a description of the order or decision sought.

PART 5.1Maintenance of Activities

41.1 An application made under section 87.4 of the Code must include

• (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative;

• (b) the name, postal and email addresses and telephone and fax numbers of the respondent;

• (c) the address of the employer’s establishments that are affected by the application;

• (d) full particulars of the facts, relevant dates and the efforts made by the parties to resolve the issue, if any;

• (e) a copy of the notice to bargain;

• (f) a copy of the notice of dispute;

• (g) a copy of the last agreement or order relating to essential services involving the parties, if any;

• (h) the effective date and expiry date of any collective agreement that is in force or expired covering the employees in the bargaining unit affected by the application;

• (i) the number of employees in the bargaining unit;

• (j) the name, postal and email addresses and telephone and fax numbers of any trade union or council of trade unions that is the bargaining agent for other bargaining units that could be affected by the application;

• (k) a description of the services the applicant alleges are required and the immediate and serious danger to the safety or health of the public that the applicant alleges would occur if the Board does not allow the application;

• (l) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

• (m) a description of the order or decision sought.

PART 6Unlawful Strikes and Lockouts

Applications for Declaration of an Unlawful Strike

• 42 (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include

  • (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable;

  • (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents;

  • (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;

  • (d) a description of the general nature of the employer’s business;

  • (e) the address of the employer’s establishments affected by the application;

  • (f) full particulars of the facts, relevant dates and grounds for the application;

  • (g) a copy of supporting documents for the application;

  • (h) the date and description of any order or decision of the Board relating to the application;

  • (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;

  • (j) the number of employees in the existing bargaining unit;

  • (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

  • (l) a description of the order or decision sought.

• (2) Service on the bargaining agent or one of its officers of notice of an application referred to in subsection (1) or notice of a hearing in respect of the application constitutes service of the notice on the employees in the bargaining unit except those against whom an order is specifically sought in the application.

Applications for Declaration of an Unlawful Lockout

43 An application made by a trade union for a declaration of an unlawful lockout under section 92 of the Code must include

• (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable;

• (b) the name, postal and email addresses and telephone and fax numbers of the employer of the employees being locked out and, if applicable, of any person acting on the employer’s behalf against whom an order is specifically sought, to be referred to as the respondents;

• (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;

• (d) a description of the general nature of the employer’s business;

• (e) the address of the employer’s establishments affected by the application;

• (f) full particulars of the facts, relevant dates and grounds for the application;

• (g) a copy of supporting documents for the application;

• (h) the date and description of any order or decision of the Board relating to the application;

• (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;

• (j) the number of employees in the existing bargaining unit;

• (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

• (l) a description of the order or decision sought.

PART 7Applications for Reconsideration

44 [Repealed, SOR/2012-305, s. 22]

• 45 (1) An application for reconsideration of a decision or order of the Board must include

  • (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their legal counsel or representative, if applicable;

  • (b) the name, postal and email address, telephone and fax numbers of any employer or trade union that may be affected by the application;

  • (c) the order or decision of the Board that is the subject of the reconsideration application;

  • (d) full particulars of the facts, relevant dates and grounds for the application;

  • (e) a copy of supporting documents for the application;

  • (f) the date and description of any order or decision of the Board relating to the application;

  • (g) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

  • (h) a description of the order or decision sought.

• (2) The application must be filed within 30 days after the date the written reasons of the decision or order being reconsidered are issued.

• (3) The application and the relevant documents must be served on all persons who were parties to the decision or order being reconsidered.

PART 8General Powers

46 The Board may vary or exempt a person from complying with any rule of procedure under these Regulations — including any time limits imposed under them or any requirement relating to the expedited process — where the variation or exemption is necessary to ensure the proper administration of the Code.

• 47 (1) If a party fails to comply with a rule of procedure under these Regulations, after being allowed an opportunity for compliance by the Board, it may

  • (a) summarily refuse to hear or dismiss the application, if the non-complying party is the applicant; or

  • (b) decide the application without further notice, if the non-complying party is the respondent.

• (2) If a party does not attend a pre-hearing proceeding or a hearing after having been given notice, the Board may decide the matter in the party’s absence.

47.1 If the Board determines that an oral hearing is necessary, it may give notice of the hearing by any available means, including telephone, fax, publication in a daily newspaper or the posting of notices.

PART 9Repeal, Transitional Provision and Coming into Force

Repeal

48 [Repeal]

Transitional

• 49 (1) These Regulations apply in respect of all proceedings before the Board that are pending on the day these Regulations come into force.

• (2) Any proceeding initiated or document filed in accordance with the Canada Industrial Relations Board Regulations, 1992 before the coming into force of these Regulations is not invalidated merely because that proceeding or document does not conform to these Regulations.

Coming Into Force

50 These Regulations come into force on the day on which they are registered.