Acts and Regulations

I-4 - Industrial Relations Act

Section 128
Disposition versions

Full text
Jurisdiction of Industrial Relations Board
128(1)The Board has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board thereon is final and conclusive for all purposes of this Act.
128(2)Without restricting the generality of subsection (1), if in any proceeding before the Board a question arises under this Act as to whether
(a) a person is an employer or employee,
(b) an organization or association is an employers’ organization or a trade union or a council of trade unions,
(c) a collective agreement has been entered into,
(d) a person is or what persons are bound by a collective agreement,
(e) a person is or what persons are parties to or bound by a collective agreement,
(f) a collective agreement has been entered into on behalf of any person,
(g) a collective agreement is in full force and effect,
(h) a person is bargaining collectively or has bargained collectively,
(i) a group of employees is a unit appropriate for collective bargaining,
(j) an employee belongs to a craft or group exercising technical skills,
(k) a person is a member in good standing of a trade union,
(l) a person is included in or excluded from a unit,
(m) a group of employers is a unit appropriate for collective bargaining and accreditation,
(n) an employee or person is employed in the construction industry,
(o) an employer operates a business in the construction industry,
(p) a trade, trade union or bargaining practice exists,
(q) an employer is included in or excluded from an accreditation, or
(r) an employer, employers’ organization, trade union, council of trade unions, or any other person is doing or has done any act prohibited by this Act,
the Board has exclusive jurisdiction to determine the question and its decision thereon is final and conclusive for all purposes of this Act.
128(3)Where an Executive Committee has made or caused an inquiry to be made under subsection 125(1), or an examiner has been appointed under subsection 125(2), or where a delegation has been made under subsection 125(4), the findings and conclusions on facts, subject to subsection 125(3), are final and conclusive for all purposes, but nevertheless if the Board considers it advisable to do so, the findings and conclusions on facts may be reconsidered and varied or revoked.
1971, c.9, s.129