III.
SUBMITTING APPLICATIONS, COMPLAINTS AND
REFERENCES
Labour
relations matters are submitted to the Board as either applications, complaints
or references. See:
Section 12(2) (a); Rule of
Procedure, Rule 22.
An application is a request for the Board
to carry out a procedure or determine a matter according to a specific provision
of the Code or the
Act.
A complaint is an
allegation that a named party has done something the Labour Relations Code or other labour
statute does not allow. A complaint
usually asks the Board to give a direction to correct or stop the conduct. See: Section 16(1); PSERA Section
50(1).
A reference is a request for the Board to interpret or
clarify the application of a Code provision. See:
Section
16(3).
In this Bulletin, we use the word "application" to include
all of these proceedings before the Board.
Rule of Procedure 4 requires some applications must be made
using a Board form:
·
an application for certification;
·
an application to conduct a vote under section 68
or 69 of the Code;
·
an application to supervise a strike vote or a
lockout vote;
·
an application for a notice to attend or a notice
to attend and produce under section 14 of the Code and section 58 of the
Act;
·
a construction registration application;
·
a declaration of strike vote;
·
a declaration of a lockout vote; or
·
an application to establish an arbitration
board.
Making Applications
Some
applications have special procedures, described in their own Information
Bulletins or Rules of Procedure. The procedures in this Bulletin apply in
addition to the specific procedures on:
·
successor employer (Information Bulletin 21);
·
common employers ("spin-offs") (Information
Bulletin 19);
·
trade union successorships (Information Bulletin
7);
·
determinations (Information Bulletin 22);
·
duty of fair representation complaints
(Information Bulletin 18);
·
notices to attend (Information Bulletin 5);
·
applications to appoint arbitrators under the
Public Service Employee Relations Act (Rule 43, Rules of Procedure); and
·
determinations of arbitral and non-arbitral items
for compulsory interest arbitration under section 32(2) of the Public Service
Employee Relations Act (Rule 42, Rules of Procedure).
All applications must be in writing. A party must file its
application by mail, courier, fax or personal delivery. The Board does not
accept applications verbally, by telephone or via electronic filing at this
time.
See:
Rules of
Procedure, Rule 21.
An application must include:
·
the name, address, telephone number, and fax
number of the party making the application;
·
the name, address, telephone number, and fax
number of a contact person to whom correspondence may be directed;
·
an address for service of documents, if different
than the party's address;
·
the name, address, telephone number, and fax
number of the party or parties against whom the application is filed;
·
the section or sections of the legislation under
which the application is made. In a
complaint, it must include the sections that it says have been violated. In a reference, it must include the
section of the legislation that is in issue;
·
the details, or particulars, of the application.
These are explained below;
·
a statement of the order, declaration, relief or
other remedy that is requested; and
·
confirmation that the document has been served on
(given to) the party or parties against whom the application is filed. An
applicant must serve the other parties in a way that the Board's Rules of
Procedure allow.
See: Rules of
Procedure, Rules 5.1, 6.
Individuals filing applications, complaints or references may be identified by name at various stages of the Board's procedures including in Board decisions, on the Board's website, and in print and online reporting services that publish the Board's decisions. An exception to this general practice may be made, at the discretion of the Board, in cases where sensitive personal information will be disclosed. Individuals wishing to have their names masked may apply to the Board by letter setting out the reasons for the request including what sensitive personal information will be disclosed. This request should be made early on in the processing of the application.
[amended August 2012]
The Board believes the early setting of a hearing date
encourages parties to a dispute to make an early assessment of their case. Therefore, for proceedings covered by this
Bulletin, the applicant is now required to provide the following information to
the Board Officer at the time the application is filed:
·
a reasonable estimate of the amount of time
required to hear the applicant's case;
·
the number of witnesses the applicant expects to
call at the hearing; and
·
the dates the applicant, and its counsel if any,
are available for the hearing.
IV.
PRELIMINARY STEPS IN PROCESSING APPLICATIONS
Under
section 12 of the Labour Relations
Code, the Board has developed Rules of Procedure to conduct its business.
The pre-hearing processing of matters before the Board has been delegated by the
Rules of Procedure to the Director of Settlement and in Calgary to the Manager of
Settlement. The Chair retains the power to direct matters be set for hearing and
can exercise any of the powers delegated to the Director of Settlement. See:
Section 12; Rules of
Procedure, Rules 22, 23.
The Rules
of Procedure contain an appeal process from any decision of the Director of
Settlement about the handling of an issue.
Completeness of
the Application
The first
question in reviewing an application is whether the information filed is
complete enough for the application to proceed.
The
Director of Settlement reviews all applications for completeness. If the
submission is not complete, the Director of Settlement may request further
details from the party making the submission. Often this is called "seeking
further particulars." The Board may refuse to process the matter until the party
provides all of the information required.
See: Rules of
Procedure, Rule 22(1).
When an
application is complete, and all affected parties have been notified by the
applicant, they are given an opportunity to reply within time limits established
by the Director of Settlement. In every case the respondent must file a reply to
the application, unless the Director of Settlement directs otherwise. See:
Rules of
Procedure, Rule 8 (1).
Particulars
Particulars are
the details, the "who, what, when, where and how," of the application. They are
the facts and events the applicant relies on to justify the Board giving the
relief the applicant seeks. The applicant's particulars should set out these
facts and events in plain English. This should include: what did or did not
happen, who was involved, and when and where these facts and events took place.
The applicant must allege facts that, if true, establish the section of the
legislation in question may apply or may have been violated. See: U.A. Local 488 v. Fish
Int’l Canada [1985] Alta. L.R.B. 85-073.
Particulars are not the same as evidence. Particulars only
set out what facts and events the applicant intends to prove. They do not have
to say how the applicant intends to prove them. Nor do they have to disclose the
identities of the applicant's witnesses. However, if the application alleges someone
said something, the applicant must provide a description of what was said, who
said it, and when and where it was said.
A good set of particulars tells the other parties what the
thrust of the case against them is, and what they must do to prepare their own
case. Poor particulars cause adjournments, hearing delays, additional expense or
inconvenience, and can even cause the application to be dismissed.
The Board may refuse to process an application that lacks
particulars. Or, a respondent may seek further particulars after it is served
with the application. Generally, the Board will dismiss an application because
of poor particulars only after the applicant has failed to file satisfactory
particulars in response to a Board directive. See: Carpenters Local 1325
v. Fraser Bros. Roofing Ltd. et al. [1997] Alta. L.R.B.R.
541.
Notice to All
Affected Parties
The Board requires applicants to provide a copy of their
application to all respondents at the same time as the application is filed with
the Board. The only exceptions to this practice are certifications, revocations,
and "urgent matters." In those cases the Board provides notice of the
application. See: Sections 12(2), 16(6); Rules of
Procedure, Rules 5.1, 9-21.
In some kinds of cases (like certifications, revocations, and
some determinations) the Board also provides notice to groups of employees who
may be affected by the application. Usually the Board does this by directing the
employer to post a Board notice in the workplace.
To be
effective, notice must be timely. If all affected parties do not receive timely
notice, the Board may have to reschedule a hearing to accommodate proper notice.
This can result in lengthy delays. See: Junction Construction et
al. v. Carpenters Local 2410 et al. [1990] Alta. L.R.B.R.
190.
Previously, the Board required applicants and respondents to
file a Board "Declaration of Service" form with their initial application or
reply. With the implementation of the processes outlined in this Bulletin, this
practice will change. Beginning on the date this Bulletin takes effect, parties
only need to provide a written confirmation to the Board that they have provided
the filed document(s) to other parties. This applies to all documents, including
initial applications and replies. The confirmation may take any form. It may include a notation that a named
party has been "carbon copied" ("cc'd"). However, the applicant and respondent must
still provide the name, address, telephone number, and fax number of all other
parties to the Board. If parties still wish to use the "Declaration of Service"
form, they are free to do so.
If
translation into another language is required to ensure the employees are aware
of the application, the applicant must provide to the Board a certified copy of
the translated application and Notice to Employees (if required) in a form
satisfactory to the Board. A Board
Officer may advise the parties in this regard.
An affected
party includes any person or organization who has a tangible and demonstrated
direct legal interest in the outcome of the application. A Board Officer may be
able to assist a party with identifying affected parties. An affected party can
include:
·
the applicant,
·
the respondent(s) named in the
application,
·
the employees in the bargaining
unit,
·
the employees in a proposed bargaining
unit,
·
the registered employer's organization named in
the registration certificate,
·
an employer's
organization,
·
the bargaining agent,
·
the parties to a collective
agreement.
See: Plumbers Local 496 v.
Uni-Melt Ltd. [1986] Alta. L.R.B.R. 229.
In some
cases, parties will raise a constitutional or Charter of Rights argument or objection.
In those cases, the applicant must also notify the offices of the provincial and
federal Attorneys General, the Board and other parties giving 14 days notice.
See: Judicature
Act, R.S.A. 2000 Chap. J-2 s. 24.
[amended December, 2006]
How Does One
Serve Notice?
An
applicant or respondent notifies affected parties of an application or reply by
serving the document using the methods set out in the Rules of Procedure. See:
Rules of
Procedure, Rules 9-21.
Service of
an application or reply can be completed by:
·
personal delivery,
·
registered mail,
·
signed courier receipt,
·
delivering it to the address and leaving it
with a qualified person as identified in the Rules of Procedure,
·
transmitting it by fax to a responsible
official with verbal confirmation,
·
sending or delivering it to a party's
solicitor,
·
substitutional service where ordinary service
is unlikely to work.
Appointment of the Officer
After the application is accepted, the Director of Settlement
appoints a Board Officer to the file. The Officer is the parties' primary
contact with the Board. The Officer plays an important role in investigating the
issues, helping the parties reach a settlement, and ensuring the case proceeds
expeditiously to a hearing if no settlement can be reached (see below).
Replies
In all proceedings, except certification or revocation
applications and strike or lockout applications, the party or parties against
whom the application is filed must file a written reply unless the Director of
Settlement exempts them from filing one. The reply must include:
·
identification of the matter responded to;
·
the name, address, telephone number, and fax
number of the respondent;
·
the name, address, telephone number, and fax
number of a contact person for the respondent;
·
the respondent's address for service of
documents, if different from above;
·
an admission of any facts alleged by the
applicant that are uncontested;
·
particulars in reply. The respondent must make a
concise statement of the facts and events the respondent relies upon, where
those facts and events are different from the applicant's (see Particulars,
above); and
·
confirmation that the reply has been served on
the applicant and other respondents.
See: Rules of
Procedure, Rule 8.
Like the applicant, the respondent must now also provide the
following information to the Board Officer at the time the reply is filed:
·
a reasonable estimate of the amount of time
required to hear the respondent's case;
·
an estimate of the number of witnesses the
respondent expects to call at the hearing; and
·
the dates the respondent, and its counsel if any,
are available for the hearing.
The
respondent has a reasonable amount of time to file a reply. If the respondent
does not reply, the Board may proceed with the application in the absence of a
reply.
The
Director of Settlement may also require other parties to reply to the specific
allegations contained in the application.
Intervenors
Sometimes a person or organization is not legally affected by
an application, but believes it has an interest in the issues raised and has
expertise or experience that will assist the Board. In such a case, the person
or organization may apply to the Board for the right to appear in the
proceeding. If the Board believes
that they have an indirect interest and can assist the Board, it may allow them
to participate in the application as an intervenor. A common example is in the
construction industry. There,
registered employers' organizations and building trades unions often apply to
participate in Board applications where the Code's definition of "construction" is an issue. The Board may allow an intervenor to participate fully, or it may
restrict the evidence or argument that it will hear from the intervenor. See: Rules of
Procedure, Rule 27; CUPE Local 2147 v.
Dynacare Kasper Medical Laboratories [1997] Alta. L.R.B.R.
LD-024.
Where the Board has allowed an intervenor, parties must
provide the intervenor with copies of all documents filed in the proceeding.
Setting the hearing
Upon receiving the respondent's reply, the Officer assigned
to the file will contact the parties (usually by conference call) to set the
hearing date or dates. The Officer
will take into account the parties' estimates of how much hearing time is
required, as well as the parties' available dates.
At the same time, where one applies, the Officer will
schedule a "Resolution Conference". The Resolution Conference will take place
approximately fourteen days prior to the first hearing date. Again, the Officer will take the
parties' available dates into account.
See: Section VII below.
Please
note, however, that unavailability for the Resolution Conference will generally
not be allowed to delay the scheduling of the hearing. If necessary, the Board
will schedule Resolution Conferences for early in the morning or late in the
afternoon to accommodate parties' commitments or their counsel's
calendars.
If the parties are unable to agree on acceptable dates, the
file will go to a Chair or Vice-Chair to decide an appropriate date. The Chair
or Vice-Chair may hold a conference call hearing before deciding on dates.
V.
BOARD OFFICER INVOLVEMENT
In all applications, the Director of Settlement and the
assigned Officer decide how best to bring about either a settlement of the
dispute or a timely hearing. The Officer plays an important role in processing
the application. That role may include:
Investigation: Board Officers investigate all
certification and revocation applications. The Director of Settlement may direct
them to investigate other kinds of applications as well. An Officer
investigating the application produces an Officer's Report. The Officer sends
copies of the Report to all parties. This Report may be used as evidence by the
Board itself. See: Section 12(2) (b); Rules of
Procedure, Rule 22(1)(g), (h).
Mediation: Board Officers try to assist the parties
to reach a settlement of their dispute without a Board hearing. They learn about
each party's position and underlying interests. They use their knowledge and
experience in labour relations to assess the parties' situation and suggest
possible solutions. Board Officer mediation of this sort starts early in the
processing of the file and can continue right through to the date of the
hearing. It can take place whether or not the Officer is also conducting an
investigation on the file.
See: Bulletin 3.
VI.
SUMMARY DISPOSITION OF APPLICATIONS
Sometimes it is clear from the filed documents or the
Officer's discussions with the parties that there is an important issue that
should be addressed before the Board holds a formal in-person hearing on the
application's merits. Examples include:
Deferring to
Arbitration or Other Statutory Processes
If
arbitration or some other process could decide the matter, the Director of
Settlement may recommend that the Board decline to deal with the issue. The
Board could send the matter back to the parties to settle the matter through
another process, such as collective agreement arbitration. The Board may impose
conditions on any decision to defer to another process. See:
Section
16(4)(d); PSERA
Section 51(4); Paperworkers Union Local
1118 v. MacMillan Bathurst Corp. [1990] Alta. L.R.B.R.
662.
Untimely
Complaints
The
Director of Settlement can refuse to accept any unfair labour practice complaint
under the Labour Relations Code filed
more than 90 days after the time the party knew or ought to have known of the
actions or circumstances causing the complaint. This provision also applies to unfair
labour practice complaints arising under sections 45 to 49 of the Public Service Employee Relations Act. A
party can seek the Board's consent to waive the time limit in a deserving
case. See: Section 16(2); Neville Toppin v. PPF,
Local 448 [2006] Alta. L.R.B.R. 31.
Summary
Dismissal
The
Director of Settlement can recommend or a party can ask for the summary
dismissal of a matter. This option is available where a party fails to provide
any real particulars. It can also occur where there is non-compliance with a
directive from the Director of Settlement or the Board about particulars, or
where the matter is, on its face, without merit, or is trivial, frivolous, or
vexatious. An example is where the facts alleged, even if proven, could not
amount to a violation of the Code or the Act. Another example would be where an
applicant has failed to comply with procedural directives of the Board and, in
essence, abandoned the application.
See: Section 16(4)(e); Rules of
Procedure, Rule 24; Steelworkers Local 7226
v. Handleman Company of Canada [1989] Alta. L.R.B.R. 38.
VII.
DISPUTE RESOLUTION INITIATIVES
This part of the Bulletin describes the full range of dispute
resolution techniques the Board will use to help settle a case without a formal,
in-person hearing. Those techniques are set out in the order they will be
used.
Not all dispute resolution techniques can apply to every kind
of case before the Board. Generally, the full range of settlement initiatives
set out in this Bulletin will not apply to:
·
certifications (Information Bulletin 8);
·
revocations (Information Bulletin 13);
·
"urgent matters," meaning complaints about
illegal strikes, illegal lockouts and picketing (Information Bulletin 17);
·
reconsideration applications (Information
Bulletin 6);
·
applications for votes (Information Bulletins 15
and 16);
·
registration proceedings in the construction
industry (Information Bulletin 12);
·
notices to attend (Information Bulletin 5);
·
applications to appoint arbitrators under the
Public Service Employee Relations Act (Rule 43, Rules of Procedure);
·
applications for consent under sections 37, 52 or
57 of the Code (Information Bulletins 8 and 13); and
·
speeding up arbitration (Information Bulletin
20).
However, the full process will generally apply to:
·
"determinations." This means applications under
section 12(3) of the Code, section 3(2) of the Public Service Employee Relations
Act, and section 43(2) of the Police Officers Collective Bargaining Act;
·
applications to modify bargaining rights. This includes employer successorships
(section 46), trade union successorships (section 49), governing bodies
successorships (section 48), common employer or "spinoff" declarations (sections
47 and 192), applications to modify bargaining rights under sections 41, 44 and
45 of the Code, and counterpart sections under the Public Service Employee
Relations Act;
·
unfair labour practice complaints;
·
duty of fair representation complaints; and
·
applications for religious exemption from union
dues.
These categories are not rigid and the Board may make
exceptions in a proper case. (See discussion below under section VIII. It
outlines when the Board may allow matters to bypass part or all of the dispute
resolution process.)
While some steps in the dispute resolution process are
generally obligatory, others are optional. Whether a particular step is optional
or not is clearly set out in this Bulletin.
Case Management
As part of its renewed pre-hearing process, the Board will
make greater use of case management techniques than before. Parties can expect the Board, at all
levels, will make efforts to reduce the number of issues being adjudicated;
clarify the issues that remain; reduce disputes over procedure or deal with them
in advance of the hearing; and, as far as possible, eliminate surprise
developments at a hearing that might require an adjournment.
Case management begins even before an application is filed.
The Board expects the parties to have had meaningful discussions between
themselves about their dispute before applications are filed. The Board also
encourages the parties to, as much as possible, share information, explore
settlement and discuss suitable procedures directly between themselves both
before and after the application is filed.
Case management continues after the Officer is appointed. The
Officer, in consultation with the Director of Settlement, looks for ways to
simplify the case and reduce the number of issues to be decided by the Board.
The Officer also tries to ensure that the issues that cannot be resolved are
ready to be heard by the Board as scheduled. The Officer may:
·
try to clarify the issues in dispute;
·
recommend settlement discussions on one or more
issues;
·
request parties to produce or exchange
documents;
·
encourage and assist the parties to reach agreed
statements of facts or agreed exhibits for the hearing;
·
encourage parties to disclose their witnesses and
the substance of what the witnesses' testimony is expected to be;
·
try to resolve disputes about procedure;
·
refer disputes to the Director of Settlement for
a procedural direction under Rule 22 of the Board's Rules of Procedure; or
·
convene a preliminary hearing or conference call
with the Chair or a Vice-Chair for a ruling on a disputed issue.
In appropriate cases, the Officer may involve the Director of
Settlement or other senior officers of the Board in these discussions.
The Director of Settlement or an Officer can also order a
party to provide access to or copies of documents for inspection by the Board.
Section 13(1) of the Labour Relations
Code and section 3(1) of the Public
Service Employee Relations Act give the Board or an Officer the right to
inspect and examine books, payrolls and other records of an employer relating to
employment or terms of employment.
In long or complex cases, or cases in which procedural issues
cannot be resolved by the Officer, the Director of Settlement may refer the file
to the Chair or a Vice-Chair for case management. The Chair or Vice-Chair will
hear from the parties as necessary, either in writing, by conference call or in
an in-person meeting. The Chair or Vice-Chair may raise case management issues
on his or her own initiative and will make whatever directions he or she
considers appropriate to ensure that the Board hears the dispute quickly and
efficiently. Possible directions include, but are not limited to:
·
ordering further or better particulars;
·
segregating some issues for separate hearing or a
separate dispute resolution process;
·
directing production of an agreed statement of
facts;
·
ordering production and exchange of
documents;
·
directing that witnesses be identified to the
other party;
·
setting a timetable for any or all steps leading
up to the hearing; or
·
limiting the number of witnesses.
The full
range of case management initiatives can also be used or directed in a
Resolution Conference (see below).
Board Member Mediation/Non-Binding Informal Hearings
Section 11 of the Labour Relations Code allows the Chair
to appoint one or more Board Members to conduct an informal hearing or attempt
to settle a dispute. Board Members are knowledgeable and experienced labour
relations practitioners. While Board Member intervention continues to be an
optional dispute resolution step, it can be better used to resolve disputes
before a hearing. With its increased focus on encouraging settlement through
appropriate dispute resolution techniques, the Board will use Board Members in
mediation and settlement efforts more often than in the past.
Parties can expect that in many cases, the Director of
Settlement will canvass them on whether to appoint a Board Member to the file.
The Director of Settlement may refer the dispute to a Board Member where the
parties consent. Where a party does not consent but the Director of Settlement
considers it an appropriate case, he or she may recommend that the Chair appoint
a Member.
A Board Member assigned to a dispute decides what procedure
he or she will follow. The Member may mediate the dispute and help the parties
reach a settlement, conduct an informal hearing, or use a mixture of both
approaches.
A Board Member hearing usually takes place in an informal
setting. It may be at the workplace or at a convenient location other than the
Board's offices. Procedure is not strict. Evidence may or may not be given under
oath. The Board Member may give an opinion quickly or may decide to issue a
report to the parties with recommendations for settlement.
The opinion or recommendation of a Board Member is not
binding. Any report is provided only to the parties. The Board's copy of any
report is sealed and is not seen by other Board adjudicators.
Three things can happen to a Board Member's report. First,
the parties can reach a settlement without further Board action. Second, they
can reach a settlement that involves adopting the Member's report as an order of
the Board. In this case the Board unseals the report and may confirm the report
as an order of the Board itself. Third, if a party objects to the Board Member's
report, the report stays sealed. The dispute proceeds to a Resolution Conference
and, if necessary, a hearing.
A Board hearing, after an unsuccessful Board Member informal
hearing, is a complete re-hearing of the matters in dispute. The Board will not
hear evidence about what happened at the informal hearing. Nor will it accept
the Board Member's report as evidence.
A Board Member that mediates or holds a non-binding hearing
in a dispute will not sit as a Member of any panel that is assigned to
adjudicate the dispute, unless all parties agree.
Resolution Conference
Under the revised pre-hearing process, the Board also
implements a scheduled Resolution Conference approximately two weeks before the
scheduled hearing date. Again, Resolution Conferences will generally apply
to:
·
determinations;
·
applications to modify bargaining rights;
·
unfair labour practice complaints;
·
duty of fair representation complaints;
·
applications for religious exemption from union
dues; and
·
any other application the Director of Settlement
directs.
The Resolution Conference has three purposes:
·
It will provide an opportunity for the parties to
reach a settlement close to the hearing date, when all parties have had ample
opportunity to prepare their cases and learn about their opponent's case
(mediation).
·
It will give parties an opportunity to hear the
opinion of a senior representative of the Board on the strength of their case
and the likely result if the case goes to a full hearing (case assessment).
·
It will give the Board an opportunity to ensure
that the case has, as far as possible, been reduced to the necessary issues and
the essential evidence, and all procedural issues that might delay the hearing
are resolved (case management).
The Director of Settlement may dispense with the Resolution
Conference if considered appropriate to do so. The Board expects that this
will be rare.
As stated before, the Board will schedule a Resolution
Conference at the same time as it schedules the hearing. Resolution Conferences
will be scheduled to occupy no more than two hours, unless the Director of
Settlement directs otherwise.
The Resolution Conference will be held between the parties,
their counsel (if any), and a senior representative of the Board. The Board's
presiding Officer will be the Chair, a Vice-Chair, the Director of Settlement or
the Manager of Settlement. Unless the presiding officer provides otherwise, the
Conference must be attended by representatives of the parties who are authorized
to settle the dispute. The presiding officer will determine the procedure to be
followed and the approach that he or she will take to the Resolution
Conference.
At the Resolution Conference, the presiding officer may:
·
inquire into the dispute;
·
attempt to narrow the issues in dispute;
·
attempt to mediate and assist the parties to
reach a settlement;
·
hold a case assessment;
·
ensure that all case management directions have
been complied with; and
·
make any other case management directions
required to make the case ready for hearing.
Generally, the parties can expect that a Resolution
Conference will involve a discussion of the issues, the evidence the parties
expect to bring, and the law (in cases where legal issues may be important). The
parties may refer to their settlement discussions with an Officer or Board
Member. They may refer to the contents of a Board Member's recommendation where
one has been made. The presiding officer may express an opinion on the strength
of all or a part of a party's case, or recommend withdrawal or settlement of one
or more issues.
At the close of a Resolution Conference, the presiding
officer will record any withdrawal or settlement of issues; any agreement
between the parties about procedure; and any case management directions given by
the presiding officer.
This record, referred to as the "Hearing Summary",
will stay on the Board's file and be made available to the parties at the close
of the Resolution Conference. It will also be transmitted to the hearing
panel.
For Resolution Conferences to function effectively, the
parties must speak freely. Accordingly, all discussions during the Conference
are "off the record". This means that a party may put forward a position without
fearing that it will be disclosed if the matter proceeds to hearing. In other
words, the discussions that take place during a Resolution Conference are
strictly confidential. If a formal hearing is required, the hearing panel will
not be informed about the Resolution Conference discussions and the parties will
not be allowed to rely on such discussions during the hearing. In addition, the
opinion of the presiding officer at a Resolution Conference, whether given after
a case assessment or not, is confidential.
Where the presiding officer in a Resolution Conference is the
Chair or a Vice-Chair, he or she will not sit on the hearing panel that decides
the case, unless all parties expressly agree.
VIII. BYPASSING DISPUTE RESOLUTION INITIATIVES
As
mentioned above, some or all of the Board's dispute resolution initiatives may
be inappropriate in certain cases. Accordingly, from time to time, matters will
bypass all or part of the settlement process listed above. Examples of
situations where it may be appropriate to bypass those initiatives include where
the Board:
·
orders an interim hearing. This option is available to
resolve immediately a limited number of issues. The Board uses this option where
there is a request or need for an interim order to preserve the status quo, or
to deal with an urgent issue.
See: Rules of
Procedure, Rule 23; UFCW Local 280-P v.
Gainers Inc [1986] Alta. L.R.B.R. 323.
·
refers the matter to the Chair or a Vice-Chair
sitting alone for hearing. The Director of Settlement may recommend a hearing by
the Chair or a Vice-Chair sitting alone if the matters arising in the
application fall under sections 9(10), 9(11), and 15(5) of the Labour Relations Code and section 3(3)
of the Public Service Employee Relations
Act. Urgent pre-vote or post-vote matters needing a quick decision might use
this method. See: Sections 9(10), 9(11), 15(5); PSERA Section 3(2); Bulletin
4.
·
schedules the matter directly for formal
hearing. This may occur when a matter is complete, with clearly defined issues,
and others resolution initiatives are considered
inappropriate.
·
requests that the matter be heard by written
submissions alone. This procedure asks the parties to submit argument in
writing, with opportunity for rebuttal. This method is used where there is
little dispute over evidence, but the parties differ about the application of
the legislation to the facts.
IX.
THE HEARING
If a dispute is not fully resolved after the Resolution
Conference, the file passes to the hearing panel for a formal in-person
hearing.
In deciding
a case after a hearing, the Board relies on the officer's investigation report
(if one is issued), the submissions of the parties and the evidence before it
from the parties.
Any Board
Officer or Board Member who attempted to settle the dispute cannot be a witness
at the hearing and information they receive through pre-hearing settlement
efforts is not communicated to the Board panel. See:
Section 3; Rules of
Procedure, Rule 26; LRB v. I.W.A. Local
1-207 and Zeidler Forest Industries [1989] Alta. L.R.B.R.
33.
For more information about the conduct of formal hearings,
please see Information Bulletin 4,
"Location and Conduct of Board
Hearings".
Procedure at
Hearing
See
Information Bulletin 4 - Location and Conduct of Board Hearings.
After the
Hearing
See
Information Bulletin 6 - Reconsideration.
See also:
Information Bulletins 1, 3 and 4
Rules of Procedure
For
further information or answers to any questions regarding this or any other
Information Bulletin please contact:
Director of
Settlement
Labour
Relations Board
501, 10808
99 Avenue
Edmonton, Alberta T5K
0G5
Telephone: (780) 422-5926
Manager of
Settlement
Labour
Relations Board
308, 1212
31 Avenue NE
Calgary, Alberta T2E
7S8
Telephone: (403) 297-4334
Email: alrbinfo@gov.ab.ca
Website:
alrb.gov.ab.ca
