A proceeding before the Labour Relations Board involves the parties named in an application.
However, a person or organization not named in the application may want to participate because they believe they have an interest in the decision the Board makes. To do so, they must make an application for standing.
There are three types of standing:
- interested party status,
- intervenor status, and
- discretionary status.
Filing for standing doesn't mean that standing will be granted. Simply an interest in the outcome of a proceeding is not enough to be granted standing to participate.
Interested party status
To be granted interested party status in a proceeding, an applicant must show how their rights will be affected in a direct and legally material way.
Legally material means that the dispute affects the applicant's rights under the Code, not that they might be affected by the outcome. For example, you might be affected by a strike but your rights under the Code are not.
Intervenor status
Intervenor standing may be granted if the applicant can show that their participation can assist the Board in dealing with an issue of significant importance to the labour relations community.
Discretionary standing
In exceptional circumstances, the Board may exercise its discretion to grant standing where an applicant can show there is a significant issue or problem that the parties to application will not raise.
When can an application for standing be filed?
Applications should be filed as quickly as possible because, if standing is granted, it may affect the submissions or hearing process.
How to apply for standing
To apply for standing:
- Complete an application by written submission (i.e. letter). Make sure the application:
- has the information required by the Rules
- says which type of standing you are applying for and why standing should be granted
- includes all the information you are relying on to support your request
- Submit the application by email, mail, or courier
- Serve the parties to the application as required by the Rules
- Arrange to pay the filing fee