New Rules of Procedure Respecting Applications for Revocation in Effect Beginning June 22, 2017
On June 22, 2017, amendments to the Canada Labour Code Part I–Industrial Relations (the Code) came into force and modified the approach with respect to applications for revocation. Most notably, the amendments provide the Board with the power to terminate a collective bargaining relationship between a union and his or her employer if it is satisfied that a majority of the employees in the unit no longer wish to be represented by the incumbent bargaining agent, without the requirement to hold a representation vote in every case.
All applications that were filed prior to the coming into force of these amendments will continue to be processed under the provisions of the Code that were in effect prior to June 22, 2017.
The Board will continue to ensure the timely processing of all revocation applications by adhering to strict timelines for the filing of submissions and the completion of its investigation of the wishes of the bargaining unit members. The procedures that must be followed by the parties are established in Rules of Procedure No. 2. These rules incorporate the requirements of the Canada Industrial Relations Board Regulations, 2012 (the Regulations), with some variations that have been adopted pursuant to the Board’s general powers found in section 46 of the Regulations.
Highlights of the Changes
- When filing an application for revocation, the applicant must provide the following documents:
- a copy of the completed Application for Revocation form;
- the original confidential employee statements in support of the application and authorizing the applicant to act on their behalf;
- the completed Certificate of Accuracy.
- An application is considered filed with the Board on the day the application and all the required materials are received. Failure to submit the required documentation may result in the summary dismissal of the application by the Board.
- All applications must be filed in person, by mail or by courier at the Board’s offices (Vancouver, Toronto, Ottawa, Montréal or Dartmouth).
- The Board will give notice of the application in writing to the incumbent bargaining agent and the employer.
- The employer must immediately 1) complete the Notice to Employees and post it, for 15 calendar days, in the workplace, and 2) complete the Certificate of Posting and return it to the Board with other material (as listed in the Rules of Procedures) within 5 calendar days after the Board’s notice of the application is received.
- The employer and the incumbent bargaining agent will have 10 calendar days, after receiving notice of the application, to file a response to the Board, and the applicant will have 5 calendar days from the receipt of the response to file a reply.
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