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Filing an Application
What are the procedures for filing an application for certification?Filing an Application
The application date is the date of receipt by the Board. The official office hours of the Board are 8:00 am to 4:30 pm Monday to Friday. Documents can be filed by hand, registered mail, or prepaid courier. Documents are deemed to have been received by the Board on the date that they were sent by registered mail or prepaid courier.
The Board will accept documents sent by facsimile, with the original to follow by prepaid courier, registered mail, or hand delivery.
The Application
The application for certification must be filed in quadruplicate in Form 1.
The completed application document should include:
- the proper name and address for service of the applicant;
- the proper name and address for service of the respondent;
- the proper name and address for service of each union in the council of trade unions (where the applicant is a council of trade unions);
- the description of the bargaining unit that the trade union proposes is appropriate for collective bargaining;
- the name of any other trade union which claims to represent any of the employees in the proposed bargaining unit;
- the date of expiry of any current or recently expired collective agreement affecting the parties, also the names of the parties to the agreement, and the terms of renewal or termination of the collective agreement;
- an indication if the trade union requests a pre-hearing representation vote be held;
- the general nature of the employer's business.
The application for certification must be verified by statutory declaration and be signed by the trade union's president and secretary or by any two officers thereof, or by any person authorized for such purpose by resolution duly passed at a meeting of the trade union or employers' organization.
If employees are currently represented by a bargaining agent the Act limits the period during which a different trade union can apply for certification of the same bargaining unit. In exceptional circumstances, the Board may waive these time limits.
Additional documentation must accompany an application for certification, if not previously filed, as follows:
- a list of persons in the proposed bargaining unit who wish that the applicant trade union be certified as bargaining agent on their behalf;
- evidence that the persons in the list referred to above wish that the applicant trade union be certified as bargaining agent on their behalf;
- a copy of its constitution, rules and bylaws, or other instruments or documents containing a full and complete statement of its objects and purposes;
- a list of its officers.
Application for Certification - Exhibit C (LRB)
Printable version of this form
[8 KB PDF File]
Application for Certification - Exhibit B (LRB)
Printable version of this form
[6 KB PDF File]
Application for Certification (LRB)- Form 1
Printable version of this form
[26 KB PDF File]
Charlottetown
J. Elmer Blanchard Building
Walsh, Hazel (Administrative Assistant - Labour Relations Board)
