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CURRENT BOARD POLICY

II.   1.7 / IV.   1.2   EXAMINATION PROCEDURES

023-008-098
028-002-098

Purpose

The Labour Relations Board, as it deems necessary and appropriate, may direct that an examination be conducted by Board staff in response to an application or complaint to determine the facts in such a heavily fact-oriented issues as inclusions and exclusions. This process may help avoid the necessity of attending a hearing before the Board or reduce the need for the amount of evidence and hearing time that may have originally been required.

Who Participates

Participants in the examination process generally include a Board staff member, a representative from each party (union and employer) and/or their respective legal counsel if they so choose, and the person that is to be interviewed. Employees are interviewed one at a time and generally not in the presence of others in the same classification.

Where

The examination process is most often conducted on the employer’s premises and the Board normally requests the employer to arrange a suitable room to accommodate the parties who will be present.

When

Once the date(s) for the examination has been set in consultation with the parties, the Board requests the employer to schedule and notify the persons to be interviewed of the date, place and time of the proceeding.

What Takes Place

The Board seeks to provide an interview process that is informal enabling the interviewee to feel as comfortable as possible in their response to questioning from the respective parties. The evidence is given under oath. Board staff generally initiate the investigation and subsequently provide an opportunity to each side to question affected persons for the purpose of clarifying issues. There may be situations, however, where it is more expeditious for the party’s counsel to lead questions first then followed by questions from the Board staff.

In cases where parties are represented by counsel, it is counsel only who speaks on behalf of the client so as to maintain an orderly process.

This proceeding may be recorded at the option of the parties or Board staff.

Upon request from a party, the Board can arrange to have a transcript of the recording prepared by a professional service. The cost of the transcript is the responsibility of the party making the request.

Following the actual examination the parties often meet to discuss the results of the information gathered in an attempt to resolve the issue by agreement.

Should the parties be unable to reach an agreement, the Board staff will prepare a written report of the facts and circulate this report to the parties for comment. The Applicant/Complainant, Respondent and Intervenors (if applicable) are requested to propose any changes, if necessary, and forward these submissions to the Board within 10 days of receipt of the examination report. At this point, the parties are asked to consider one of two options for decision on this matter:

(a)  The examination report as prepared or accompanied by the respective submissions be given to the Board for final decision;

(b)  The report be given to the Board but the parties reserve the right to appear at a hearing for presentation or further evidence and final agreement.

If you have further questions regarding this procedure, please contact Labour Relations Board staff at (902) 424-6730 or by fax at (902) 424-1744.