Trade Union Procedure Regulations
made under clause 12(1)(b) of the
Labour Board Act
S.N.S. 2010, c. 37
O.I.C. 72-933 (August 29, 1972), N.S. Reg. 101/1972
amended to O.I.C. 2020-353 (effective December 23, 2020), N.S. Reg. 191/2020
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Interpretation
Part I
General
Application for Certification
Amendment and Revocation of Certification
Voluntary Recognition
Transfer of Business and Successor Rights
Work Stoppages and Jurisdictional Disputes
Unfair Practices
Part II—Construction Industry Labour Relations
Application for Certification
Accreditation
Revocation of Accreditation
Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization
Interpretation
1 (1) In these regulations
“Act” means the Trade Union Act;
“Chief Administrator” means the Chief Administrator of the Board;
“holiday” means any Saturday or Sunday, New Year’s Day, Good Friday,
Dominion Day, Christmas Day, the birthday or the day appointed for the
celebration of birth of the reigning Sovereign, Victoria Day, Labour Day,
Remembrance Day, and any day appointed by any statute in force in the Province
of Nova Scotia or by Proclamation of the Governor General or the Lieutenant
Governor as a general holiday or for general fast or Thanksgiving, and whenever a
holiday other than Remembrance Day falls on a Sunday the expression holiday
includes the following day;
“party” means the applicant or complainant, each person named as respondent in
an application or complaint and each person who intervenes or is added as a party
by the Board under Section 2;
“respondent” means the person named in an application or complaint as a
respondent or added as a respondent by the Board under Section 2.
(2) Unless the context otherwise requires, words defined in the Act have the same
meaning when used in these regulations.
(3) Where a period of time is prescribed by these regulations expressed as a number of
days, the period shall be computed as the number of days exclusive of holidays.
Part I
General
2 (1) Service of a document required to be served by these regulations may be made by
any of the following methods, unless these regulations specify a particular method
of service:
(a) in person;
(b) by registered mail, addressed to the recipient at any of the following for the
recipient:
(i) their address for service,
(ii) their last known or usual address,
(iii) the principal office of their place of business referred to in an
application, complaint, intervention or reply in a proceeding;
(c) by facsimile transmission;
(d) by e-mail or through such other form of electronic document exchange as
the Board authorizes.
(2) Except where otherwise provided by these regulations or the Board’s Rules of
Procedure the Chief Administrator shall serve each of the parties in any
proceeding with a copy of all documents filed in accordance with these regulations.
(3) The Board may direct that any person be added as a party to a proceeding or be
served with any document, as the Board considers advisable.
2A (1) Except as directed by the Board under subsection (2), a notice that is required to be
posted under these regulations may be posted by 1 or more of the following
means:
(a) posting of the notice along with all copies of the notice that the employer
has received in a conspicuous place or places on the employer’s premises
where the document is most likely to come to the attention of the
employees;
(b) posting of the notice on a secure website to which all of the employer’s
employees have access;
(c) simultaneous distribution of the notice by e-mail to the employer’s
employees, to the last known e-mail address of each employee.
(2) The Board may specify and direct the means for posting a notice under these
regulations.
3 (1) Where a document is required to be filed by these regulations, filing shall be
deemed to be made
(a) at the time it is received by the Chief Administrator; or
(b) where it is mailed by registered mail and addressed to The Labour Board,
P.O. Box 202, Halifax, Nova Scotia, at the time it is mailed.
(2) Where these regulations require a document to be filed with the Board in a form
approved by the Board, filing is not complete until all information called for on the
form is given to the Board, but the Chief Administrator may waive the
requirement of any information which is, in the Chief Administrator’s opinion,
unnecessary in the circumstances.
(3) The Board may dispose of any application or complaint without further notice to
any person who has not filed a document in the proceedings in the manner
prescribed by these regulations, but the Board may, in its discretion, permit the
person to make representations or adduce evidence.
4 (1) Where, in any proceeding, the Board deems it necessary to hear verbal evidence or
argument, the Chief Administrator shall serve the parties with notice of the time
and place fixed for the hearing.
(2) Where, in the opinion of the Board, it is conducive to the proper conduct of a
hearing or desirable for good industrial relations, the Board may exclude any
person other than counsel for the parties from a hearing.
(3) Where a person is served with a Notice of Hearing or is informed of the hearing by
posting by a means specified in Section 2A and fails to appear at the hearing the
Board may dispose of the application or complaint without further notice to the
person and without considering any statement filed by the person.
5 (1) The Board may postpone or adjourn the consideration of any matter for such time
and upon such terms as it thinks fit.
(2) The Board may abridge or enlarge the time prescribed by these regulations for
doing any act, serving any notice, filing any report, document or paper or taking
any proceedings, and may do so although the application therefor is not made until
after the expiration of the time prescribed.
(3) Any application, reply, intervention, complaint, notice or other document
submitted to the Board may be amended before or after the hearing by leave of the
Board upon such terms and conditions as the Board considers advisable.
6 Where, in accordance with Sections 25, 29, 31, 32, 95 or 97 of the Act or subsection
20(2) or (3) of these regulations, or for any other reason, the Board has directed that a
vote be taken of the employees in a bargaining unit, the Chief Administrator is
responsible for taking the vote and, subject to the direction of the Board, has authority to
do all of the following:
(a) determine all matters pertaining to the taking of the vote;
(b) issue directions that the Chief Administrator considers necessary for the
taking of the vote;
(c) ascertain the result of the vote, which the Chief Administrator must report to
the Board.
7 All orders of the Board shall be signed by the Chief Administrator or by the Chair or a
Vice-chair.
8 (1) An Application for Reconsideration in accordance with Section 19 of the Act of
any decision or order of the Board shall be made in a form approved by the Board.
(2) Upon receipt of an Application for Reconsideration the Chief Administrator,
subject to the direction of the Board, shall instruct the parties with regard to the
documents to be filed with the Board.
(3) An Application for Reconsideration of any decision or order of the Board made
within the preceding twelve months shall not be made without leave of the Board,
which will normally be granted only where it clearly appears that
(a) the order or decision was made in ignorance of some material fact;
(b) the order or decision was made by reason of some technical irregularity; or
(c) there is similar good reason.
(4) A request for leave to make an Application for Reconsideration of a decision or
order of the Board made within the preceding year shall be verified by a statutory
declaration of the relevant facts.
Application for Certification
(See Sections 23–25 of the Act)
9 (1) An application by a trade union for certification as bargaining agent shall be made
in a form approved by the Board and verified by statutory declaration of a person
or persons authorized in accordance with Section 5 of the Act to sign the
declaration.
(2) An Application for Certification shall include, or be accompanied by,
(a) a copy of the constitution, rules and by-laws of the union;
(b) the names and addresses of the officers of the union;
(c) a list of employees applied for who are members in good standing of the
union supported by their membership cards or, where the Board is satisfied
that membership cards are not reasonably available, other membership
evidence relating to the application;
(d) where necessary under Section 5 of the Act, a copy of the resolution passed
at a meeting of the trade union authorizing the making of an Application for
Certification.
(2A) To be considered by the Board, a membership card must be in writing, be signed
by the employee concerned, and disclose the date on which the signature was
obtained.
(3) Documents required by subsection (2) to be filed with the Board and any material
related thereto is for the information of the Board only and shall not be revealed to
the other parties to the application.
10 As at the date of filing of an Application for Certification by a trade union, for purposes
of the Application for Certification a person is deemed to be a member in good standing
of the trade union if the person joined or signed an application for membership in the
trade union
(a) within the period from the first day of the third month preceding the
calendar month in which the Application for Certification is made to the
date of the Application for Certification; or
(b) before the period set out in clause (a) and, for any portion of that period, has
paid to the trade union an amount in respect of fees or dues of the trade
union supported by a receipt or other evidence acceptable to the Board that
the fees or dues have been paid.
11 (1) The Chief Administrator shall serve the respondent with all of the following:
(a) a Notice of Application for Certification;
(b) a copy of the Application for Certification, exclusive of the documents
required by subsection 9(2) to be filed with the Board and material related
thereto;
(c) one or more copies of a Notice to Employees of Application for
Certification, for posting in accordance with subsection (2).
(2) On receiving a Notice to Employees of Application for Certification, the employer
must forthwith post the notice and keep it posted for a period of 10 days by any
means identified in clauses 2A(1)(a) to (c) that the employer considers is most
likely to come to the attention of the employees in the proposed bargaining unit,
unless otherwise specifically directed by the Board under subsection 2A(2).
(3) Immediately upon posting the Notice to Employees of Application for Certification
in accordance with subsection (2), the employer must file with the Board a
completed Return of Posting, in a form approved by the Board, that includes either
(a) the specific means by which the notice was posted by the employer in
accordance with subsection (2); or
(b) if the means of posting was specified and directed by the Board under
subsection 2A(2), confirmation that the notice was posted as specified and
directed.
12 (1) Within five days of receipt from the Board of a Notice of Application for
Certification the employer shall file with the Board
(a) a list in alphabetical order of all the employer’s employees as required by
the Board; and
(b) if required by the Chief Administrator, a specimen signature of each of
them.
(2) The employer must verify the list of the employer’s employees by a statutory
declaration to the effect that the employer has complied with this Section to the
best of their knowledge and ability.
(3) The respondent employer shall accompany their list of employees with
(a) notification of the name and address of any trade union known to the
respondent to be claiming to be bargaining agent of any employees who
may be affected by the application; and
(b) a copy of any existing or recently expired collective agreement that is or was
recently binding upon the respondent or any of their employees in the
bargaining unit claimed by the applicant to be appropriate or in a bargaining
unit considered by the respondent to be appropriate.
13 The Chief Administrator shall serve notice of the Application for Certification upon any
trade union or a council of trade unions named in the Application for Certification,
named in the notification by the employer or known to the Chief Administrator as
claiming to be the bargaining agent of any employees who may be affected by the
application.
14 (1) Within ten days of receipt from the Board of a Notice of Application for
Certification the respondent employer, if the respondent contests the application,
shall file a Reply with the Board that
(a) contains a concise statement of material facts upon which the respondent
intends to rely;
(b) indicates whether or not the respondent requests a hearing; and
(c) specifically admits, denies or explains each of the statements made in the
Application for Certification.
(2) Where a respondent employer submits that a bargaining unit other than the one
applied for is appropriate, the respondent shall give a detailed description of that
unit, including the number of employees, their occupational classifications and
geographic locations.
15 (1) Any person, including an employee, trade union, council of trade unions, employer
or employers’ association, who believes they have an interest that should be
considered by the Board in connection with an Application for Certification may
file with the Board a Notice of Intervention, in a form approved by the Board,
within ten days after the date upon which the employer posted the Notice to
Employees of Application for Certification.
(2) A trade union served with notice of an Application for Certification in accordance
with Section 13 may, within five days of receipt thereof, or within ten days of the
posting of the Notice to Employees of Application for Certification by the
employer, whichever is the later, file with the Board a Notice of Intervention in a
form approved by the Board.
(3) A trade union desiring certification as bargaining agent of employees affected by
an Application for Certification by another trade union shall file with the Board an
Application for Certification in a form approved by the Board not later than the last
day for intervention determined in accordance with subsection (2).
(4) The intervenor’s Application for Certification, subject to the direction of the Board,
shall be processed in the same fashion as an original Application for Certification,
except that both applications shall be dealt with in the same proceeding.
16 Where no collective agreement is in force and where a bargaining agent has been
certified under the Act for less than twelve months, a trade union that wishes to apply for
certification shall comply with the provisions for these regulations relating to
applications for certification and, in addition, shall submit evidence by affidavit to satisfy
the Board that there are grounds for granting consent for an early application in
accordance with subsection 23(3) of the Act.
Amendment and Revocation of Certification
(See Sections 28 and 29 of the Act)
17 (1) An Application for Revocation of Certification shall be made in a form approved
by the Board and verified by statutory declaration.
(2) The Chief Administrator shall serve the certified trade union with a Notice of
Application for Revocation of Certification in a form approved by the Board and a
copy of the Application.
(3) The Chief Administrator shall serve the employer with all of the following:
(a) an Employer’s Notice of Application for Revocation of Certification;
(b) a copy of the Application for Revocation of Certification;
(c) one or more copies of a Notice to Employees of Application for Revocation
of Certification, for posting in accordance with subsection (4).
(4) On receiving a Notice to Employees of Application for Revocation of
Certification, the employer must forthwith post the notice and keep it posted for a
period of 10 days, by any means identified in clauses 2A(1)(a) to (c) that the
employer considers is most likely to come to the attention of the employees in the
proposed bargaining unit, unless otherwise specifically directed by the Board under
subsection 2A(2).
(5) Immediately upon posting the Notice to Employees of Application for Revocation
of Certification in accordance with subsection (4), the employer must file with the
Board a completed Return of Posting, in a form approved by the Board, that
includes either
(a) the specific means by which the notice was posted by the employer in
accordance with subsection (4); or
(b) if the means of posting was specified and directed by the Board under
subsection 2A(2), confirmation that the notice was posted as specified and
directed.
(6) Within ten days of receipt from the Board of an Employer’s Notice of Application
for Revocation of Certification, the employer shall file with the Board
(a) a list in alphabetical order of all the employer’s employees;
(b) if required by the Chief Administrator, a specimen signature of each of
them.
(7) The employer must verify the list of the employer’s employees by a statutory
declaration to the effect that the employer has complied with subsection (6) to the
best of their knowledge and ability.
18 Within ten days of receipt from the Board of a Notice of Application for Revocation of
Certification the respondent trade union, if it contests the Application, shall file a Reply
with the Board that
(a) contains a concise statement of material facts upon which the trade union
intends to rely; and
(b) specifically admits, denies or explains each of the statements made in the
Application for Revocation of Certification.
19 (1) Any person, including an employee, trade union, council of trade unions, employer
or employers’ organization, who believes they have an interest that should be
considered by the Board in connection with an Application for Revocation of
Certification may, within ten days from the date upon which the employer posted a
Notice to Employees of Application for Revocation of Certification, file with the
Board a Notice of Intervention in a form approved by the Board.
(2) A trade union desiring certification as bargaining agent of employees affected by
an Application for Revocation of Certification shall make an Application for
Certification in separate proceedings and not by way of intervention.
20 (1) An application to amend a certification order where the name of the union or the
name of the employer has been changed shall be made in a form approved by the
Board and verified by statutory declaration, and shall be processed according to the
direction of the Board.
(2) An application to amend a certification order to include specific additional
classifications of employees in the unit or to combine previous certification orders
into one order shall be made in a form approved by the Board and verified by
statutory declaration, and, subject to the direction of the Board, shall be processed
as an Application for Certification.
(3) An application to amend a certification order to exclude specific classifications of
employees from the unit shall be made in a form approved by the Board and
verified by statutory declaration, and, subject to the direction of the Board, shall be
processed as an Application for Revocation of Certification.
Voluntary Recognition
(See Section 30 of the Act)
21 (1) An application to the Board under Section 30 of the Act for an order deciding
whether a trade union represents or represented a majority of employees in the unit
defined by an agreement within that Section shall be made in a form approved by
the Board and verified by statutory declaration.
(2) Where the application is made by the trade union claiming to be party to an
agreement within Section 30 of the Act, subject to the direction of the Board, the
application shall be processed as an Application for Certification.
(3) Where the application is made by a trade union other than the trade union claiming
to be party to an agreement within Section 30 of the Act, subject to the direction of
the Board, the application shall be processed as an Application for Revocation of
Certification.
(4) Nothing in this Section prevents any question relating to an agreement within
Section 30 of the Act from being raised in an Application for Certification or in a
Reply or Notice of Intervention following an Application for Certification or an
Application for Revocation of Certification.
Transfer of Business and Successor Rights
(See Sections 31 and 32 of the Act)
22 (1) An application to the Board for an order resolving any question or problem that has
arisen or may arise as a result of the sale, lease, or agreement to sell, lease or
transfer a business or the operations thereof or any part thereof shall be made in a
form approved by the Board and verified by statutory declaration.
(2) An application to the Board for an order resolving any question that has arisen or
may arise as a result of the contracting out by an employer of work regularly done
by the employer’s employees allegedly to avoid obligations under the Act shall be
made in a form approved by the Board and verified by statutory declaration.
(3) Where the application is made by a trade union, subject to the direction of the
Board, the application shall be processed as an Application for Certification.
(4) Where the application is made by an employer, subject to the direction of the
Board, the application shall be processed as an Application for Revocation of
Certification.
23 (1) An application to the Board for an order resolving any question in respect of the
rights of a trade union that claims to act as the successor of a trade union that was
the bargaining agent of a unit of employees shall be made in a form approved by
the Board and verified by statutory declaration.
(2) Where the application is made by the trade union claiming successor rights, subject
to the direction of the Board, the application shall be processed as an Application
for Certification.
(3) Where the application is made by any person other than the trade union claiming
successor rights, subject to the direction of the Board, the application shall be
processed as an Application for Revocation of Certification.
Work Stoppages and Jurisdictional Disputes
(See Sections 51 and 52 of the Act)
24 (1) A complaint to the Board under Section 51 of the Act shall be made in a form
approved by the Board and verified by statutory declaration.
(2) Where the work stoppage which is the subject of a complaint under Section 51 of
the Act involves a jurisdictional dispute, a complaint shall also be made in
accordance with Section 25.
(3) Every reasonable effort shall be made to bring an Interim Order under Section 51
of the Act to the attention of all persons involved in or affected by the work
stoppage, by notice to the trade unions of which they are members or by such other
means as the Board considers practical in the circumstances.
(4) Where the complainant or a person named in an Interim Order requests a hearing
they must do so in writing.
25 (1) A complaint to the Board under Section 52 of the Act shall be made in a form
approved by the Board and verified by statutory declaration.
(2) Notice of an Interim Order under Section 52 of the Act shall be served upon any
trade union, employer or employers’ organization involved in the jurisdictional
dispute.
(3) Where a trade union, employer or employers’ organization involved in a
jurisdictional dispute in respect of which an Interim Order has been made applies
to the Board to review the interim order, the application must be in writing and the
applicant must file with the Board any document that relates to the work in dispute
and which may be in the applicant’s possession and upon which the applicant
proposes to rely in support of their claim for relief or their claim that the relief
requested should not be granted, including all of the following, and a statement as
to any area or trade practice relating to the work in dispute, and pictures, diagrams
or drawings of disputed work:
(a) any union constitution;
(b) any collective agreement;
(c) any agreement or understanding between trade unions as to their respective
jurisdictions on work assignments;
(d) any agreement or understanding between a trade union and an employer as
to work assignment;
(e) any decision of any tribunal respecting work assignment.
(4) Where a date is set for a hearing to review an Interim Order under Section 52 of
the Act every person served with notice of the hearing shall file the material
specified in subsection (3) with the Board prior to the hearing.
(5) To expedite proceedings under Sections 51 and 52 of the Act, where a hearing is
required, the Board may, on any terms that it considers advisable:
(a) consult with the parties;
(b) conduct pre-hearing conferences;
(c) issue practice directions or procedural statements;
(d) establish, shorten or lengthen any time periods;
(e) change any filing or delivery requirements;
(f) schedule a hearing on short notice;
(g) conduct a hearing by way of written submissions and evidence, with or
without documents;
(h) conduct a hearing in person, by telephone or video-conferencing or by any
other mode of hearing; or
(i) make or cause to be made any examination of records or other inquiries that
it considers necessary in the circumstances.
Unfair Practices
(See Sections 53–58 of the Act)
26 (1) A complaint under Section 55 [57] of the Act shall be in writing and shall state the
substance of the alleged failure to comply with Section 53 or 54 [55 or 56] of the
Act.
(2) The Chief Administrator or a person designated by the Chief Administrator, under
the direction of the Board, shall investigate a complaint made in accordance with
subsection (1) and shall assist the parties to settle the complaint.
(3) A complainant who seeks a hearing and determination by the Board in accordance
with clause 56(1)(b) of the Act shall file a complaint in a form approved by the
Board and verified by statutory declaration.
(4) The Chief Administrator shall serve all of the following with a copy of a
complaint received under subsection (3):
(a) the person against whom the complaint is made;
(b) each interested person named in the complaint;
(c) any other persons the Board may direct.
(5) Within five days of receipt of a copy of the complaint the person against whom the
complaint is made, if they intend to contest the complaint, shall file a reply in
which they specifically deny or admit each of the allegations in the complaint.
(6) Within five days of receipt of a copy of the complaint, any person other than the
person against whom the complaint is made, if they wish to intervene, shall file a
notice of their intervention that includes a statement of their interest in the matter
and any facts that they intend to prove at the hearing.
27 Where a complaint to the Minister of Labour and Advanced Education under Section 36
of the Act is referred to the Board, subject to the direction of the Board, the complaint
shall be processed as a complaint of an unfair practice contrary to Section 53 or Section
54 of the Act.
Part II—Construction Industry Labour Relations
(See Sections 92–107 of the Act)
27A Part I applies in respect of any proceedings and matters before the Board under Part II
unless the provisions in Part I are inconsistent with Part II or as otherwise stated in Part
II.
Application for Certification
(See Sections 95 and 96 of the Act)
28 Where an Application for Certification is made by a council of trade unions the applicant
for certification shall, on the date of application, in addition to the Application for
Certification and the documents required by subsection 9(2), file with the Board a
statutory declaration of a person or persons authorized in accordance with Section 5 of
the Act to sign the declaration on behalf of each of the trade unions that is a constituent
union of the council to the effect that their trade union has vested appropriate authority in
the council to enable it to discharge the responsibilities of a bargaining agent.
29 (1) The Chief Administrator shall serve the respondent with all of the following:
(a) a Notice of Application for Certification, Construction Industry;
(b) a copy of the Application for Certification exclusive of the documents
required by subsection 9(2) to be filed with the Board and material related
thereto;
(c) one or more copies of the Notice to Employees of Application for
Certification, for posting in accordance with subsection 11(2).
(1A) Immediately upon posting the Notice to Employees of Application for Certification
in accordance with subsection 11(2), the employer must file with the Board a
completed Return of Posting, in a form approved by the Board, that includes either
(a) the specific means by which the notice was posted by the employer in
accordance with subsection 11(2); or
(b) if the means of posting was specified and directed by the Board under
subsection 2A(2), confirmation that the notice was posted as specified and
directed.
(2) Subsection 11(1) does not apply to an Application for Certification under Part II of
the Act.
(3) Section 14 does not apply to an Application for Certification under Part II of the
Act.
(4) Section 15 applies to an intervention in an Application for Certification under Part
II of the Act except that the Notice of Intervention must be filed within five days
after the employer posted the Notice to Employees of Application for
Certification.
(5) The filing of a Notice of Intervention in accordance with subsection 15(2) does
require the Board to hold a hearing.
30 (1) Where the Board has issued an order denying an Application for Certification the
applicant trade union or council of trade unions, if it wishes to have the order
revoked, shall file a Request for Hearing in a form approved by the Board within
ten days of receipt of the order.
(2) Where the Board has certified a trade union or council of trade unions, the
employer named in the Application for Certification, or any employee in the units
certified, or any other trade union or council of trade unions, if it or they wish to
have the order varied or revoked, shall file with the Board a Request for Hearing in
a form approved by the Board within ten days after receipt of notice of the order.
Accreditation
(See Section 97 of the Act)
31 (1) An Application of Accreditation as bargaining agent shall be made in a form
approved by the Board and verified by statutory declaration of a person or persons
authorized in accordance with Section 5 of the Act to sign the declaration.
(2) An Application for Accreditation shall include or be accompanied by
(a) a copy of the constitution, rules and by-laws of the employers’ association;
(b) the names and addresses of the officers of the employers’ organization;
(c) where necessary under Section 5 of the Act, a copy of the resolution passed
at a meeting of the employers’ organization authorizing the making of an
Application for Accreditation;
(d) a list of the unionized employers in the sector and area applied for which
designate the trade union with which each bargains and which indicates the
unionized employers who are members in good standing of the applicant
employers’ organization;
(e) for each member of the applicant employers’ organization in the sector and
area applied for, a statutory declaration signed by a person or persons
authorized in accordance with Section 5 of the Act to sign a collective
agreement on behalf of the member employer stating that the member
employer has vested authority in the applicant employers’ organization to
enable it to discharge the responsibilities of an accredited bargaining agent;
(f) where the applicant employers’ organization intends to rely on clause
97(3)(b) of the Act, material verified by statutory declaration demonstrating
that the employers who are members of the applicant employers’
organization employ a majority of the employees employed by unionized
employers in the geographic area and sector applied for.
32 (1) The Chief Administrator shall serve notice of the Application for Accreditation
and a copy of the Application upon
(a) each trade union and each employer listed in the Application for
Accreditation;
(b) every other employer, employers’ organization or trade union known to the
Board to be functioning in the geographic area and sector applied for; and
(c) any other employer, employers’ organization or trade union as the Board
sees fit.
(2) The notice shall call to the attention of the party to whom it is sent what their status
is according to the Application for Accreditation and shall ask them to correct any
errors.
33 (1) Within 10 days of receipt from the Board of notice of an Application for
Accreditation every trade union shall file with the Board a list of all employers in
the area and sector applied for on behalf of whose employees that trade union is
certified or with whom the trade union has a collective agreement.
(2) Each trade union shall verify its list of employers by statutory declaration to the
effect that it has complied with this Section to the best of its knowledge and ability.
(3) Each trade union shall file, at the same time, a copy of any existing or recently
expired collective agreement that is or was recently binding upon any employer in
the sector and area applied for.
34 (1) Any employer, employers’ organization, trade union or council of trade unions that
has received notice under subsection 32(1) and who wishes to contest the
Application for Accreditation, within fifteen days of receipt of notice of the
Application for Accreditation, shall file a reply with the Board that
(a) contains a concise statement of material facts upon which they intend to
rely; and
(b) specifically admits, denies or explains any statement made in the
Application for Accreditation relevant to their interest.
(2) Where an employer, employers’ organization, trade union or council of trade
unions submits that a unit of employers other than the one applied for is
appropriate they shall give a detailed description of that unit.
(3) Any person, including an employee, a trade union, council of trade unions,
employer or employers’ organization who believes that they have an interest that
should be considered by the Board in connection with the Application for
Accreditation may, with leave of the Board, file a Notice of Intervention with the
Board in a form approved by the Board stating their interest in the proceeding, and
documentary evidence in support of their claim.
35 Where in an Application for Accreditation the Board is not satisfied that the applicant
employers’ organization has as members a majority of the unionized employers in the
geographic area and sector applied for but the applicant organization claims that it has as
members no less than 35% of the unionized employers in the geographic area and sector
applied for and that those employers who are members of the applicant organization
employ a majority of the employees employed by unionized employers in the geographic
area and sector applied for, the Chief Administrator, under the direction of the Board,
may instruct the parties with regard to the documents to be filed with the Board.
Revocation of Accreditation
(See Section 101 of the Act)
36 (1) An Application for Revocation of Accreditation shall be made in a form approved
by the Board and verified by statutory declaration.
(2) The Chief Administrator shall serve the accredited employers’ organization, every
employer bound by the accreditation order and every trade union or council of
trade unions that has bargaining rights with the accredited employers’ organization
with notice of the Application for Revocation of Accreditation.
37 Within twenty days of receipt from the Board of notice of an Application for Revocation
of Accreditation the respondent employers’ association, if it contests the application,
shall file a Reply with the Board that
(a) contains a concise statement of material facts upon which the respondent
employers’ association intends to rely; and
(b) specifically admits, denies or explains each of the statements made in the
Application for Revocation of Accreditation.
38 (1) Any trade union or council of trade unions that has received notice of the
Application for Revocation of Accreditation from the Board, if it believes that it
has an interest that should be considered by the Board in connection with the
Application for Revocation of Accreditation, within twenty days of receipt from
the Board of notice of the Application for Revocation of Accreditation, shall file a
Notice of Intervention with the Board in a form approved by the Board stating its
interest and documentary evidence in support of its claims.
(2) Any other person, including an employee, trade union, council of trade unions,
employer or employers’ organization, who believes that they have an interest that
should be considered by the Board in connection with the Application for
Revocation of Accreditation may, with leave of the Board, file a Notice of
Intervention with the Board in a form approved by the Board stating their interest
in the proceeding, and documentary evidence in support of this claim.
Employer’s Complaint of Unfair Practice by Accredited Employers’ Organization
(See Section 99 of the Act)
39 A complaint by an employer that they have been denied membership in or expelled from
an accredited employers’ organization contrary to Section 99 of the Act, subject to the
direction of the Board, shall be made and processed in accordance with Section 26.