This information is to help you understand what happens after you make an application under Section 12 of the Labour Relations Code. This information is not legal advice. You can also read this information in the following languages:
Preliminary review
The Board’s application form indicates the information you must provide. The Board will review your application for whether it provides the required information. If it does not, the Board will write to you and tell you what further information you must provide before your application will be accepted as filed.
Acknowledgement letter
Once your application provides the required information, the Board will send you, the union, and the employer a letter acknowledging it has received and accepted your application.
When you receive this acknowledgement letter, you must send the union and employer a complete copy of your application including any attached documents. You must also let the Board know in writing that you have done this.
Even though the Board cannot decide complaints about employer conduct under Section 12, you must give the employer a copy of your application. This is because the employer’s interest may be affected if your application is granted.
Assessment under Section 13
Once you have told the Board that you have given the union and employer a copy of your application, the Board will assign it to a Board decision-maker (called a “vice-chair” or “panel”). The panel will assess your application under Section 13 of the Code to decide whether it discloses an apparent contravention of Section 12. That means the panel must be satisfied your application discloses that your union may have represented you in a way that was arbitrary, discriminatory, or in bad faith.
The panel may also consider whether your application is timely or premature, and whether you have tried to resolve the matter internally with your union before making your application.
The Board does not investigate the claims set out in your application. The Board only considers if you have given enough information to show the union may have breached Section 12.
Further submissions
If the panel finds that your application does not show the union may have breached Section 12, the panel won’t seek submissions in response to your application and will dismiss your application.
If the panel decides the union may have breached Section 12, the Board will ask your union and employer to respond in writing to your application. The panel will not decide whether there has been a breach of Section 12 until it has given the union and the employer an opportunity to respond to your application.
You will get a copy of any response submissions the union and employer file and you will have an opportunity to make a final reply. The panel will then consider your application, the response, and final submissions and will decide your application.
Learn more about the Board’s submission process.
The Board does not usually hold an oral hearing
The Board will decide whether an oral evidentiary hearing is necessary. Most Section 12 applications are decided on the basis of written submissions, without the need for an oral hearing.
Timeline for a decision
The panel has 180 days from the date the application is complete and accepted for filing to make a decision. The panel may request that the chair of the Board extend this time limit. If an extension is granted, the Board will send you a letter to let you know the new timeline.
The Board will contact you when the decision is ready and will send you a copy at the email address you provided on your application. The Board will also send a copy of the decision to the union and the employer.
Publication of the decision
Board decisions are made available to the public. They are published on the Board’s website the same day they are issued to the parties. They may also be published in legal databases such as Quicklaw and CanLII.
Board’s decisions will usually include your name, the union’s name, and the employer’s name, and may include information you have provided such as background facts about your case and arguments you have made. Unless the Board finds exceptional circumstances, Board decisions are not anonymized. Read the Board's Privacy Policy to learn more.
Questions?
Board staff can't give you legal advice about your application. There are a number of organizations that may be able to help if you have questions about the substance of your application. Learn more about what other organizations may be able to help you.
If you have specific questions about the status of your application, you can contact the Board’s Information Officer: information@lrb.bc.ca.