When it receives an application, the Labour Relations Board (the Board) reviews it to:
- make sure applications meet the filing requirements
- make sure the responding parties have been properly notified and/or served as per the Labour Relations Board Rules
- identify whether it should be processed on an expedited or urgent basis
- support the settlement of disputes
Filing an application
Some applications are filed using a Board form. If no form exists, the application must be filed by written submission (i.e., letter). Applications filed by written submission must include all the information required by the Rules.
All applications, including applications to the Mediation Division, are submitted to the Registrar. The Board prefers applications be submitted by email to the Registrar. However, the Board will also accept applications received by mail, courier, or fax.
If you are filling an application by email, you should receive an automated acknowledgment within minutes. If you don’t, check your junk or spam folder and also check your outbox to make sure the email was actually sent. If you don’t get an acknowledgement email from the Board, call the Board’s reception for help.
The Board's filing hours are 8:00 a.m. to 4:00 p.m. Monday to Friday, excluding statutory holidays. Applications received after 4:00 p.m. will be treated as if they were received at 8:00 a.m. the next business day.
Deadlines for filing
Some applications must be filed within a specific period of time. For example, if you are applying to review an arbitration award under Section 99, or for leave and reconsideration of a decision of the Board under Section 141 of the Code, you must do so within 15 calendar days of the date of publication of the award or decision.
If you are unable to meet the deadline, you must ask the Registrar for an extension before the deadline passes. Your request should say whether the other parties agree to your request, how much more time you need, and the reasons why you are unable to meet the deadline. The Board will then decide whether or not to grant your request. A request for extension to file must be made before the deadline to file.
Special requirements for expedited or urgent applications
The Code requires that certain types of application be dealt with on an urgent or expedited basis such as strikes, lockouts, picketing, and replacement workers, essential services, or certain unfair labour practices. There are also existing expedited time frames for processing certification and decertification applications. Each of these types of application have specific and additional filing requirements that you should carefully review the information on those pages before filing an application and for more information on how the Board will process these types of application.
Accepting applications
Before filing an application, make sure you’ve included all the information and documents you intend to rely on. Check to see if the Board has a standard form (if applicable). Review the Regulations, Rules, and the information on this website to confirm what is required for your application.
When the Board receives an application, the Registrar or Deputy Registrar will review it for completeness. Incomplete applications will not be accepted for filing and will delay the processing of your application.
If accepted for filing, the Board will generally send out a letter to you and the responding parties acknowledging receipt and identifying the case number assigned to it.
Managing submissions
The Board may ask the responding parties to provide written submissions in response to an application. Where it does, the Board will set a submission schedule, identifying the date each party must file their submission with the Board and provide a copy to the other parties.
If you aren’t able to file your submission by the deadline, you can ask the Board for an extension. You must make that request before the deadline expires.
You must first ask the other parties if they agree to the extension. You must then write to the Registrar and request the extension, indicating how much more time you need, whether any of the other parties agree, and the reasons why you can’t meet the deadline.
Managing applications
Once all the submissions have been received and/or the deadline to file submissions has passed, the application will be reviewed by the Panel assigned, typically one Vice-Chair.
The Panel may decide the application based on the application and the written submissions filed. The Panel may also decide on a range of other options, including requesting further submissions or deciding to hold an oral hearing.
The Panel may also decide to case manage the application, including holding a case conference by phone, video, or in-person. The Panel has wide latitude when coming up with a case management strategy as set out in Rule 17A. For example, the Panel may set and monitor time limits for any case management steps they direct (e.g., exchanging documents).
If the Panel feels that some or all of the issues could be resolved with the assistance of a third party, it may ask a staff member of the Board, such as a Special Investigating Officer or a Mediator, to meet with the parties informally. During settlement discussions, the Panel will generally put the proceeding on hold. If some issues are resolved by agreement, the proceeding can be restarted with fewer issues requiring a decision. If all the issues are resolved by agreement, the application may either be withdrawn or the Board will close its file.