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About CIRB Publications Statutes & Regulations Proactive Disclosure Related Links |
Frequently Asked Questions
- Exchanging Documents with Clients Via Electronic Mail
- Federal versus Provincial
- The Duty of Fair Representation
- Applications for Certification
- Applications for Review
- Application for Reconsideration of a Board Decision
- Unfair Labour Practice Complaint
- Unlawful Strikes and Lockouts
- Applications for Revocation
- Decisions
Exchanging Documents with Clients Via Electronic Mail
Can I send an application or documents by electronic mail to the Board?The Board cannot accept parties' submissions or documents in electronic format as it is not yet ready to receive them. You are asked to continue sending them by fax, by courier or by mail until further notice.
Federal versus Provincial
Does my company come under provincial or federal jurisdiction?Constitutional jurisdiction over labour relations is primarily a provincial responsibility.
If you work in a restaurant, in retail business, in the construction industry, or in any other industries that are not mentioned below, you will need to contact your provincial ministry of labour.
If you work or operate a business in
your work falls under federal jurisdiction.
Information on labour standards established for employers under federal jurisdiction may be found at the Human Resources and Skills Development Canada site.
To obtain the address and fax number of the Board's regional office closest to your area, please click here, or call 1-800-575-9696. You can also send an e-mail to info@cirb-ccri.gc.ca.
The Duty of Fair Representation
What is the duty of fair representation?Under section 37 of the Canada Labour Code, a union or its representative must fairly represent all employees in the bargaining unit, with regard to their rights under their collective agreement, whether or not they are union members.
This does not mean that the union must process each and every grievance at all steps of the grievance procedure and that it must refer all grievances to arbitration. Nor does it mean that a union can never make an honest mistake, even though that mistake could have a negative impact on an employee. Nor does it mean that a union cannot amend its collective agreement even though the changes could negatively affect some employees, provided the union does not act in a discriminatory or arbitrary manner, or in bad faith.
Who may file a complaint?
You may file a complaint if you are an employee and you believe that a union treated you arbitrarily, acted in bad faith or discriminated against you, in violation of your rights under the collective agreement. As long as you belong to the bargaining unit represented by the union, even if you are not a union member, you may file a complaint.
When can you file a complaint?
Once you become aware of events or incidents that lead you to believe you are being treated unfairly, you have 90 days to file a complaint. In other words, you must make sure your complaint reaches one of the Board's offices no later than the 90th day after you knew, or in the Board's opinion should have known, of the events or incidents that led you to presume that your union violated section 37 of the Code. If you send your complaint by registered mail, it must have been registered by the 90th day.
Applications for Certification
When can an application be filed?An application for certification can be filed with the Board at any time, where a trade union has not already been certified to represent the employees. Where a trade union is certified, an application may not be made by another trade union until one year after the original date of certification. Where a collective agreement is in force, an application for certification may only be made during the "open period" in that collective agreement, even if the incumbent union is not certified. The open period in a collective agreement having a duration of one, two or three years is the last three months of the agreement.
An application for certification must not, except with the consent of the Board, be made during a strike or lockout that is not prohibited by the Code and that involves employees in the unit. An application must be in writing and comply with Board Regulation No. 9.
The application for certification form can be downloaded for printing purposes. At this time, the Board cannot accept any applications for certification in electronic format as it is not yet ready to receive them. You are asked to continue sending them by fax, by courier or by mail until further notice.
Applications for Review
What is an application to review a bargaining unit?Where a bargaining agent has been certified by a decision of the Board, the Board may, at a later date, be asked to review its decision in order to enlarge or otherwise alter the existing bargaining unit(s).
What is an application to review a certification order?
This type of application include changes to the trade union's or employer's name, or changes to job titles that had been named in the order, or with the introduction of new technology there is need to update the bargaining unit description to reflect any changes caused by this new technology without changing the intended scope of the certificate. The application must be filed in writing, in compliance with Board Regulation No. 9.
Application for Reconsideration of a Board Decision
What is an application for reconsideration of a Board decisions?It is an application filed by a party which is affected by a recent order or decisions issued by the Board, requesting that the Board reconsider its decision. Reasons for filing a reconsideration application must be that a party believes the Board's decision was erroneous in law and/or did not conform with the policies of the Board regarding the interpretation of Part I of the Code; or that there is new information or evidence that became available after the decision of the Board was issued and that this information could alter the decision that was made.
Unfair Labour Practice Complaint
What is an unfair labour practice complaint?An unfair labour practice complaint is an allegation that an employer, a trade union or an individual has engaged in an activity that involved prohibited conduct under the Canada Labour Code (Part I - Industrial Relations).
Who may file a complaint?
Pursuant to section 97(1), any person or organization may file a complaint. If a complaint is filed on behalf of another person or an organization, it must be signed by the appropriate officer or by a person authorized in writing by the complainant in accordance with section 6 of the Board's Regulations.
When should you file a complaint?
Complaints should be filed as soon as possible, and no later than 90 days from "the date on which the complainant knew, or in the opinion of the Board ought to have known, of" the incident leading to the complaint.
Unlawful Strikes and Lockouts
What is a strike or lockout?Section 3(1) of the Code defines strikes and lockouts as follows:
"strike" includes a cessation of work or a refusal to work or to continue to work by employees, in combination, in concert or in accordance with a common understanding, and a slowdown of work or other concerted activity on the part of employees in relation to their work that is designed to restrict or limit output.
"lockout" includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of his employees, done to compel his employees, or to aid another employer to compel his employees, to agree to terms or conditions of employment.
When is a strike or lockout unlawful?
A strike or lockout is unlawful, at any time, if there is no union, or where there is a union and the requirements of the Code in acquiring the right to lockout or strike have not been met.
Applications for Revocation
What is an application for revocation?It is a request from a majority of the employees in a bargaining unit to decertify or cancel the bargaining rights of their union.
Is a majority support necessary to file an application?
Yes. If you are applying to have your union's bargaining rights revoked, you must represent a majority of the employees included in the bargaining unit.
Decisions
How long must I wait before a decision is rendered in my case?According to Section 14.2 (2) of the Code, "the panel must render its decision and give notice of it to the parties no later than ninety days after the day on which it reserved its decision or within any further period that may be determined by the Chairperson.
| Last updated: 2005/04/05 | |
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