 |
||
|
INFORMATION BULLETIN |
#3 OFFICER'S SETTLEMENT AND
INVESTIGATION POWERS
I. INTRODUCTION
The Labour Relations Code and
the Public Service Employee Relations
Act enables the Board to investigate any matter filed with the
Labour Relations Board. Board Officers carry out these investigations on behalf
of the Board.
Board
Officers regularly assist the parties in attempting to resolve matters coming
before the Board. See: Sections 12(2), 13, 16(4)(a).
Board
Officers are not compellable witnesses before the Board or Court in regard to
any information obtained under the Acts.
II. FILING OF APPLICATIONS
Parties
make a variety of applications, references or complaints to the Board. Under the
Rules of Procedure, the Director of
Settlement evaluates every application received to ensure it is complete. If it
is not, the Director requires that the applicant provide more information before
processing the application.
See: Rules of
Procedure, Rule 22; Bulletin
2.
In
processing an application, the Board has several options available to encourage
early resolution where possible. One option available to the Director of
Settlement is assigning an Officer to attempt to settle the matters. In some
cases the Director may order an Officer's investigation. See: Section 12(2)(a),(b),(h);
Bulletins 1, 2.
III. OFFICER'S SETTLEMENT POWERS
The
Director of Settlement can and does routinely assign an Officer to attempt to
settle the issues between the parties. Officers are skilled in acting as
third-party neutrals to assist the parties in:
·
resolving all the issues;
·
narrowing the issues in preparation for
hearing;
·
preparing agreed statements of
fact;
·
agreeing on exhibits;
·
scheduling hearing dates;
and
·
resolving pre-hearing procedural or preliminary
issues.
Settlement
discussions arranged by the Officer are considered confidential and are not
reported to the hearing panel or used as evidence in Board hearings. See:
Rules of
Procedure, Rule 29.
During an
investigation, the Officer may also help the parties in settling issues raised
by the application. See: Section 12(2); Stuart Olson et al. v.
Labourers 92 et al. [1990] Alta.L.R.B.R. 210.
IV. INVESTIGATION
Labour
Relations Board staff, appointed as Officers under the Code and the Act, handle
most investigations. See: Sections 1(t), 8(8).
Investigations may be general, covering the
whole application, or confined to specific issues. The Director of Settlement
informs the parties of the scope of any investigation. See:
Sections 12(2),
13.
The Officer
reports on the facts relating to the issues assigned. During an investigation,
the Officer may obtain both oral and written information. An Officer may also
help the parties settle one or more of the issues raised by the
application.
An Officer
has the right to examine and take extracts from all employment records of the
employer. The Officer may also require a person to produce documents by making a
demand in writing. The Code allows an Officer to enter an employer's premises,
other than a private dwelling.
See: Section 13(1); PSERA Section
3(1).
Officers
may question an employee without the employer present. An employer, employers'
organization, trade union or employee must give reasonable assistance to the
Officer conducting an investigation.
V. DISPOSITION
Report
The report
contains facts disclosed during the investigation. On completing an
investigation, the Officer files a report with the Labour Relations Board. The
parties concerned receive copies. They may accept the facts set out in the
report or object to the facts within the specified time. See:
Rules of
Procedure, Rule 26.
The Board
normally receives and accepts the facts set out in the investigating Officer's
report as evidence. Other facts established at a hearing can rebut, modify or
amplify the report. The onus is on an objecting party to rebut the facts set out
in the Officer's report.
Objections
Objections
to the investigating Officer's report must be in writing and identify
specifically the points disagreed with in the report. The objector must also
provide particulars on the objected points (i.e., who, when and what). See:
Bulletin
4; UA 488 v. Fish
Int’l [1985] Alta. L.R.B.
85-073.
The party
objecting must send its objections to the Board and the other parties so that
they receive a full business day's notice of the objections before the hearing.
In some cases, the Director of Settlement may specify an earlier deadline for
filing objections. If a party does not, the Board may proceed without
considering the objections.
See: Rules of
Procedure, Rule 26(2), (3).
If the
Board receives objections of substance to the report, it normally schedules a
hearing. At the hearing, the objecting party must present evidence to support
its objections.
No
Objections
If no one
objects to the Officer's report, the Board may process the application without
further notice to the parties. It relies upon the Officer's report and decides
the issue without a hearing based on those undisputed
facts.
Information Bulletins 1, 2 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
Telephone: (780) 422-5926
Manager of
Settlement
Labour
Relations Board
308, 1212
31 Avenue NE
Telephone: (403) 297-4334
Email: alrbinfo@gov.ab.ca
Website:
alrb.gov.ab.ca