The Board is an independent and impartial tribunal, responsible for the day-to-day application and interpretation of Alberta's labour laws. It processes applications and frequently conducts hearings on matters arising from both private and public employment sectors. The Board actively encourages dispute resolution and uses its officers not only for investigative purposes but also to facilitate informal settlement initiatives. The Board has offices in both Edmonton and Calgary.
The Board is made up of a Chair, two full-time vice-Chairs, two part-time vice-Chairs, and a number of part-time members, representative of both labour and management. All members are appointed by the Lieutenant-Governor in Council for their experience and knowledge of labour relations.
The Labour Relations Board receives, investigates and decides applications for certification from trade unions as well as applications to vary or revoke certificates previously issued. It also conducts representation and proposal votes, and supervises strike and lockout votes. The Board resolves disputes about the operation of the Code or the collective bargaining process.
The Board can ensure, in matters before it, that the rights of individuals under the Code are protected and may be exercised without interference or coercion. Any party alleging violation of any provision of the Code may file a complaint that the Board will investigate and try to settle (Section 16(1)). If necessary, the Board will rule on the complaint.
The Board has the power to decide whether a strike or lockout in progress is unlawful and, if necessary, order that it cease. The Board can regulate picketing by ensuring that the restrictions imposed by the Code are enforced, and by balancing the interests of those engaged in lawful picketing activity with the interests of other parties affected by the picketing.
The Code gives the Board the authority to make many other determinations, such as whether a person is an employee or whether a collective agreement has been entered into (Section 12(2)). The Board has a general power to resolve differences about the application or operation of the Code under Section 16, but it will not use this power to resolve differences that are properly resolved by arbitration. In the provincial public sector, the Public Service Employee Relations Act gives the Board similar powers.
Is a Board hearing like a court trial?
Board hearings are less formal than court trials. The Board is often able to help the parties reach an agreement between themselves without having to make a ruling. Parties involved in a matter before the Board can use a lawyer or an agent or they can represent themselves.
As in a court case, evidence is usually given under oath, and witnesses may be cross-examined. Any affected party can call witnesses. However, the Board can ensure an employee's trade union choices are kept confidential. The Board is not strictly bound by the formal rules of evidence (Section 14(5)).
Hearings are usually held in the Board's hearing rooms in Edmonton or Calgary. However, the Board will sit in any location in the province if it is more convenient to the parties involved. Board panels sit regularly to hear uncontested and pre-hearing matters, with conference call and speaker phone facilities for the convenience of the parties.
Just as in a court of law, the Board's proceedings are open to the public, but only those directly affected by the matter, or their representatives, may participate.
Do all applications made to the Board require a hearing?
No. Board officers investigate and make recommendations in disputes, and will assist the parties in settling their differences before the matter has to be scheduled for a Board hearing. If this is unsuccessful, the Board may call a hearing during which the parties may call evidence and make oral or written submissions in support of their positions.
Hearings are usually held when the issue is a contentious one. The Board may decide not to hold a hearing if there have been no objections to an application from those affected. Similarly, some matters can be dealt with effectively dealt with by the use of written submissions. The Board has the power to reject applications at any time.
The Board usually conducts a resolution conference about 2 weeks before a scheduled hearing. This is conducted under the Board's pre-hearing proces and can result in the matter being settled without a hearing.
The Board's rulings are final and binding. All Board decisions can be filed in court if need be and, once filed, can be enforced as a court order.
The Board issues some decisions orally at the end of a hearing. In other cases, the Board reserves its decision and sends out a written decision later. The Board publishes its written decisions in the Alberta Labour Relations Board Reports. Current decisons are available within two working days on the Board's Web site. The Board's decisions are also available on QuickLaw, a leading online legal database.
While there is no appeal from Board decisions, the Court of Queen's Bench does have the power to review those decisions and set them aside if they exceed Board powers under the Code or involve an interpretation of the law that is obviously unreasonable. The Code allows a short (30-day) period after the decision is given for any court challenge to be launched (Section 19).
The Board also has the power to reconsider any of its own decisions. The circumstances in which the Board will do this are limited, and are explained in an information bulletin.
The Board maintains a registry of trade union constitutions as well as current lists of officers and persons authorized to sign collective agreements. To keep these records up to date, trade unions must file any changes as soon as possible after they are made (Section 24).
A trade union cannot make an application for certification until 60 days after it files its constitutional documents with the Board, unless the Board consents to a shorter waiting period (Section 37(1)).
Does the Board deal with unpaid wages or employment standards?
No. Neither the Labour Relations Code nor the Labour Relations Board deals with employment standards legislation or unpaid wage claims. These issues are dealt with by the Employment Standards Code, administered by the Employment Standards Branch of Alberta Employment and Immigration. Its responsibilities include the regulation of hours of work, the payment of wages, vacation and general holiday pay, the termination of employment, parental benefits and the employment of young persons. The provisions of the Employment Standards Code apply to all employees, whether or not they are covered by a collective agreement. Inquiries about any of these areas and about collecting unpaid wages should be directed to the Employment Standards Branch.
Is going to the Board the same as going to arbitration?
No. The Labour Relations Board's role is to interpret and apply the Labour Relations Code, and to process the matters covered by the Code. A grievance arbitrator will decide what a collective agreement means or whether it has been applied properly in particular circumstances. In interest arbitration, arbitrators decide what the terms of a new collective agreement should be. While the Labour Relations Board is a permanent board, each arbitration board is set up just to hear a specific case.
Does the Board appoint mediators?
No. Mediators are appointed by the Director of Mediation Services, a branch of Alberta Employment and Immigration. The Board is not normally involved in collective bargaining unless there are complaints of unfair labour practices.
Although the Board does not appoint mediators, the Code gives officers and members of the Board a role in helping the parties resolve disputes about matters brought before the Board (Sections 11, 16).
