1(1)These Rules may be cited as the Rules of Procedure of the Labour and Employment Board - Industrial Relations Act.

1(2)In these Rules, unless the context otherwise requires,

1(3)Where a period of time is prescribed by these Rules and expressed as a number of days, the period shall be computed as the number of days expressed exclusive of holidays and Sundays.

1(4)Where a time is prescribed by these Rules for any proceeding or for the doing of any act and the time expires or falls upon a holiday or Sunday, the time so limited extends to, and such thing may be done on, the day next following which is not a holiday or Sunday.

4(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1702, provided by the Board.

4(2)The Chief Executive Officer shall serve the respondent with:

5(1)Where an applicant or an intervener has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Chief Executive Officer receives a statement of desire to make representations in opposition to the early application, or where an early application is opposed in a reply or intervention, or where the Board so directs, the Chief Executive Officer shall serve the applicant, the respondent, the intervener and the employee or representative of a group of employees named in the statement of desire with a notice of hearing on the request for consent in Form 50-1781, provided by the Board.

5(2)Where an applicant has requested that a pre-hearing representation vote be taken and has requested consent to an early application and where the Board has granted consent to the early application, the Chief Executive Officer shall

7(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning membership documents in Form 50-1709, provided by the Board.

7(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

7(3)A declaration referred to in subsection (1) shall be made by a person or persons representing the applicant.

8(1)A respondent shall file a reply in quadruplicate in Form 50-1710, provided by the Board, not later than the terminal date for the application and the reply shall be accompanied by a copy of any existing or recently expired collective agreement that is or was recently binding upon the respondent in the bargaining unit claimed by either the applicant or the respondent to be appropriate.

8(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

8(3)A verification of a list of employees shall be signed in accordance with section 135 of the Act.

9(1)The Chief Executive Officer shall serve upon any union or council of trade unions named in the application or reply as claiming, or known to him as claiming, to be the bargaining agent of or to represent any employees who may be affected by the application a copy of the application and a notice of application in Form 50-1711, provided by the Board.

9(2)The Chief Executive Officer shall serve upon any employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application a copy of the application and a notice of application in Form 50-1711, provided by the Board.

9(3)A notice of application in Form 50-1711, provided by the Board, shall set out a request for consent to an early application, a request for a pre-hearing representation vote, a notice of hearing on a request for consent to an early application, a notice of filing of documents where the applicant is a council of trade unions and a notice for intervention, as the case may be.

10(1)A trade union, a council of trade unions or an employers’ organization that is served with a notice of application or that claims to be the bargaining agent of any employees or to represent any employer, as the case may be, who may be affected by the application, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application and, if it fails so to file such intervention, it may be deemed by the Board to have abandoned any claim to represent any of the employees or employers, as the case may be, who may be affected by the application.

10(2)Where a trade union, council of trade unions or employers’ organization referred to in subsection (1) is or was recently a party to or bound by a recognition agreement or a collective agreement affecting the application or intervention, it shall file with the intervention a copy of the recognition agreement or collective agreement.

10(3)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

11(1)A trade union or council of trade unions desiring certification as bargaining agent of employees who may be affected by the application shall file an intervener’s application for certification in quadruplicate in Form 50-1713, provided by the Board, not later than the terminal date for the application and the intervener’s application shall be accompanied by a declaration concerning membership documents in Form 50-1709, provided by the Board.

11(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 2.

11(3)Section 2 does not apply to an intervener’s application.

11(4)Where the Board so directs, the Chief Executive Officer shall serve the employer with notices of the intervener’s application for posting.

12(1)Where the applicant that has filed an application for certification or where the intervener that has filed an intervener’s application for certification is a council of trade unions, it shall file with the Chief Executive Officer, at the time the application or intervention is filed, the documents upon which it intends to rely to satisfy the Board that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

12(2)Where the intervener that has filed an intervener’s application is an employers’ organization, it shall file with the Chief Executive Officer, at the time the intervention is made, the documents upon which it intends to rely to satisfy the Board that it represents an employer affected by the application or that it has an interest in this application.

13(1)An application under subsection 4(3) of the Act for a permit granting a right of access shall be made in quadruplicate in Form 50-1714, provided by the Board.

13(2)Section 2 does not apply to an application under subsection (1).

13(3)A declaration made on the application under subsection (1) may be made by any officer of the applicant as prescribed in the form of declaration.

15(1)A respondent shall file his reply, in quadruplicate in Form 50-1716, provided by the Board, not later than the sixth day after

15(2)When an applicant or a respondent requests a hearing on the application, or where the Board so directs, the Chief Executive Officer shall serve the applicant and the respondent with a notice of hearing in Form 50-1708, provided by the Board.

17(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1702, provided by the Board.

17(2)The Chief Executive Officer shall serve the respondent with:

17(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1719, provided by the Board, for posting.

17(4)The Chief Executive Officer shall serve an employers’ organization named in the application or reply as claiming to represent any employer who may be affected by the application with a copy of the application and a notice of application and of hearing in Form 50-1718, provided by the Board.

19(1)Where an application within section 16 is made by a person other than the employer, the Chief Executive Officer shall serve the employer with a copy of the application and with a notice of application and of hearing in Form 50-1721, provided by the Board.

19(2)An employer, upon whom a copy of an application and a notice of application and of hearing are served, shall file his intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.

19(3)An employers’ organization, upon whom a copy of an application and a notice of application and of hearing are served, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.

20(1)A respondent and an intervener shall file with the reply or intervention a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or intervener affecting the employees in the bargaining unit.

20(2)A respondent, when application is made in respect to section 29 of the Act, shall file with its reply a declaration concerning entitlement to represent the employees in the bargaining unit in Form 50-1722, provided by the Board.

20(3)An employer, when application is made in respect to section 29 of the Act, shall file with its intervention, or in any case where the Board so directs, a declaration as prescribed in Form 50-1722, provided by the Board, concerning the employees in the bargaining unit.

20(4)Where an application is made under subsection 23(1) or (2) or section 24 or 25 of the Act, the Chief Executive Officer, as directed by the Board, shall serve upon the respondent or on an employer who is an applicant, or both, a notice in Form 50-1781, provided by the Board, prescribing a date for the return of membership lists or employee lists, as the case may be, setting out such particulars as may be directed in the notice.

20(5)Where a trade union, council of trade unions, employer or employers’ organization served with a notice of application does not file a reply or intervention, as the case may be, it may be deemed by the Board to have abandoned its claim to represent any of the employees or employers, as the case may be, affected by the application and the Board may dispose of the application without further notice to such trade union, council of trade unions, employer or employers’ organization.

20(6)Where a respondent or an employer served with a notice under subsection (4) does not make a return in accordance with the subsection, the Board may dispose of an application under section 24 or 25 of the Act on the evidence before it without further notice to the respondent or employer, as the case may be.

22(1)The Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1724, provided by the Board, upon:

22(2)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1725, provided by the Board, for posting.

24(1)Where a party requests a hearing by the Board of an application under section 21, he shall set out in the application or reply, as the case may be, a concise statement of:

24(2)Any employee or group of employees affected by an application under section 21 who desires to make representations in opposition to the application shall file a statement of desire as prescribed in Form 50-1725, provided by the Board, not later than the terminal date for the application.

24(3)Where no reply has been filed as required by section 23 and no statement of desire to make representations has been filed in the form and manner required by subsection (2), or any such reply or statement that has been filed does not state that a party, employee or representative of a group of employees, or a trade union or council of trade unions or employer or employers’ organization desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to any party or to the employees or to the trade union, council of trade unions, employer or employers’ organization.

24(4)Where a party or an employee or the representative of a group of employees, or of a trade union or council of trade unions, or an employer or employers’ organization requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such employee or representative of a group of employees with a notice of hearing in Form 50-1708, provided by the Board.

26(1)The Chief Executive Officer shall serve the respondent, any trade union, council of trade unions, employer or employers’ organization named in the application as affected by the application and the employer who it is claimed has sold his business with:

26(2)The Chief Executive Officer shall serve the person to whom it is claimed the business has been sold with an appropriate number of notices of application in Form 50-1729, provided by the Board, for posting.

26(3)The Chief Executive Officer shall serve the applicant with a notice of hearing in Form 50-1708, provided by the Board.

27(1)The respondent shall file a reply in quadruplicate in Form 50-1730, provided by the Board, not later than the terminal date for the application.

27(2)Any other trade union, council of trade unions, or employer, or employers’ organization or other person served under section 26 with a notice of application and of hearing shall file an intervention in quadruplicate in Form 50-1731, provided by the Board, not later than the terminal date for the application.

27(3)Where no reply or intervention is filed in accordance with this section, the Board may dispose of the application on the evidence before it without further notice to the person failing to make a reply or intervention, as the case may be.

28(1)Any employee or group of employees affected by an application under section 25 who desires to make representations in connection with the application shall file a statement of desire to make representations and such statement shall:

28(2)Where no statement of desire to make representations has been filed in the form and manner required in subsection (1), the Board may dispose of the application upon the material before it without further notice to the employees.

29(1)An application for a declaration that a strike is unlawful shall be made in quadruplicate in Form 50-1732, provided by the Board.

29(2)An application for a declaration that a lockout is unlawful shall be made in quadruplicate in Form 50-1733, provided by the Board.

29(3)Section 2 does not apply to an application under subsection (1) or (2).

30(1)The Chief Executive Officer shall serve each respondent with:

30(2)The Chief Executive Officer shall serve any employer or employers’ organization named in an application, or any trade union or council of trade unions known to him as claiming an interest in the application, with:

32(1)An application for consent to institute a prosecution under section 113 of the Act shall be made in quadruplicate in Form 50-1736, provided by the Board.

32(2)Section 2 does not apply to an application under subsection (1).

32(3)The Chief Executive Officer shall serve each respondent with:

34(1)An application made under subsection 21(4), section 22, subsection 23(9), 33(3), 35(4), 52(3), 55(4), 57(5), 59(1), 60(13), 107(3) or 143(3) of the Act shall be made in quadruplicate in Form 50-1739, provided by the Board.

34(2)Section 2 does not apply to an application under subsection (1).

34(3)The Chief Executive Officer shall serve the employer and each person named in the application as affected by the application with a copy of the application and a notice of application in Form 50-1740, provided by the Board, as the case may be.

34(4)The Chief Executive Officer shall provide the employer with an appropriate number of notices of application in Form 50-1741, provided by the Board, for posting.

35(1)A person served with a copy of the application and a notice of application under subsection 34(3), or that claims to be affected by the application, shall file its reply or intervention, if any, in quadruplicate in Form 50-1742, provided by the Board, not later than the terminal date for the application and if it fails to file such reply or intervention, it may be deemed by the Board to have abandoned its interest in respect to the application.

35(2)Where a trade union, council of trade unions, employer or employers’ organization within subsection 34(1) claims to be a party to or bound by an existing or recently expired recognition agreement or collective agreement affecting the application, it shall file with its application, reply or intervention a copy of the recognition agreement or collective agreement.

35(3)Where an applicant, a respondent, an intervener or an employee or the representative of a group of employees requests a hearing on an application, a reply, an intervention or in a statement of desire, as the case may be, filed not later than the terminal date prescribed, in accordance with the form and manner prescribed or where the Board so directs, the Chief Executive Officer shall serve on each such person a notice of hearing in Form 50-1708, provided by the Board.

36(1)A complaint that a trade union has failed upon request to furnish a member with a copy of the audited financial statement of its affairs, as specified in section 139 of the Act, shall be made in quadruplicate in Form 50-1743, provided by the Board.

36(2)Section 2 does not apply to a complaint under subsection (1).

36(3)The Chief Executive Officer shall serve the trade union with a copy of the complaint and a notice of complaint in Form 50-1744, provided by the Board.

40(1)Where a complaint is filed under section 39, the Chief Executive Officer may refer the complaint to the Board or cause an inquiry to be made under subsection 106(2) of the Act.

40(2)Section 2 does not apply to a complaint made under section 39.

40(3)Where a complaint is referred to the Board or an inquiry is caused to be held, the Chief Executive Officer shall deliver a copy of the complaint to:

40(4)Where a person is appointed to inquire into a complaint, notice of the name of the person so appointed and of the date and place of the inquiry shall be served in Form 50-1748, provided by the Board, on the persons referred to in subsection (3).

40(5)Where an inquiry is to be made by the Chief Executive Officer, notice of the date and place of the inquiry shall be served in Form 50-1748, provided by the Board, on the persons referred to in subsection (3).

40(6)Where a complaint is referred to the Board under subsection (1), the Chief Executive Officer shall serve the complainant with a notice of hearing in Form 50-1708, provided by the Board, and shall serve each of the persons referred to in subsection (3) with a notice of the hearing in Form 50-1748, provided by the Board.

40(7)Where an inquiry is to be held by the Chief Executive Officer or by a person appointed by him, the Chief Executive Officer shall serve the complainant in Form 50-1748, provided by the Board, with the particulars expressed in subsection (4) or (5), as may be applicable.

41(1)The person against whom the complaint is made shall file his reply, if any, in quadruplicate in Form 50-1749 provided by the Board, not later than the sixth day after

41(2)A person, other than the person against whom the complaint is made, who has been served with a copy of the complaint and notice of hearing, shall file his intervention, if any, in quadruplicate in Form 50-1750, provided by the Board, not later than the sixth day after

41(3)The Chief Executive Officer shall refer a copy of the reply or intervention made under subsection (1) or (2) to the person authorized to make an inquiry.

42(1)The Chief Executive Officer shall serve a copy of the report of an inquiry within subsection 40(7) together with a notice of the report in Form 50-1751, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.

42(2)Where the report of an inquiry within subsection (1) includes a report of a settlement of the matters in issue and where the Board has decided that it is unnecessary to proceed with an inquiry before the Board, the Chief Executive Officer shall serve a copy of the report of the inquiry together with a notice that the Board intends to terminate the inquiry in Form 50-1751, provided by the Board, upon the complainant and upon each of the persons served with the notice of complaint.

42(3)Any person served with a notice of the report of an inquiry who desires to make representations concerning the report or a disposition proposed shall file a statement of desire as prescribed in Form 50-1752, provided by the Board, not later than the sixth day after

42(4)Where the Chief Executive Officer receives a statement of desire to make representations in the form and manner required in this section or where the Board so directs, the Chief Executive Officer shall serve the complainant and each of the persons served with the complaint with a notice of hearing by the Board in Form 50-1708, provided by the Board.

43(1)Where the Board has directed an inquiry or further inquiry pursuant to subsection 106(2) of the Act, or directed an inquiry under subsection 106(3) of the Act, the Chief Executive Officer shall notify the complainant and any person referred to in subsection 40(3) of the direction or inquiry in Form 50-1748, provided by the Board.

43(2)Subsections 40(4) to (7) inclusive and section 41 apply, as may be applicable, to a direction or inquiry under subsection (1).

45(1)A referral of a complaint to the Board made under section 107 of the Act may be made in Form 50-1754, provided by the Board.

45(2)Where a complaint within subsection (1) is referred to the Board, the Chief Executive Officer shall serve

45(3)A person served with a notice of referral in Form 50-1755, provided by the Board, shall file a reply in quadruplicate in Form 50-1756, provided by the Board.

45(4)Where the Chief Executive Officer receives a request for a hearing on the referral or where the Board so directs, the Chief Executive Officer shall serve each of the persons who has filed a reply in accordance with subsection (3) with a notice of hearing in Form 50-1708, provided by the Board, and, as the Board directs, shall serve such notice on any person served with a notice of referral.

45(5)Section 2 does not apply to a referral under this section.

47(1)A complaint to the Board made under section 83 of the Act shall be made in quadruplicate in Form 50-1758, provided by the Board, and shall set out the relief requested under section 83, 84, 85, 86, 87 or 89 of the Act.

47(2)An application to the Board made under subsection 87(3) of the Act, where the relief is not requested under subsection (1) of this section, shall be made in quadruplicate in Form 50-1759, provided by the Board.

47(3)An application to the Board made under section 89 of the Act shall be made in quadruplicate in Form 50-1758, provided by the Board.

47(4)An application to the Board made under subsection 87(1) or 88(3) of the Act to amend, vary or revoke an order, interim order or direction shall be made in quadruplicate in Form 50-1758, provided by the Board.

47(5)Section 2 does not apply to a complaint or application made under this section.

48(1)Where a complainant has requested that a complaint be referred to a designated jurisdictional representative or to a tribunal under subsection 84(1) or 85(1) of the Act, or where such complaint is to be referred under the provision made in the Act, the Chief Executive Officer, or such person as may be designated by him, shall immediately notify the designated jurisdictional representative or tribunal by telephone and telegram of the filing of the complaint and the Chief Executive Officer shall serve a notice thereof in Form 50-1760, provided by the Board, on the designated jurisdictional representative or tribunal.

48(2)Where a complaint within subsection (1) is referred to designated jurisdictional representatives or to a tribunal, the Chief Executive Officer shall serve a copy of the complaint and a notice of such referral in Form 50-1760, provided by the Board, upon each of the persons named in the complaint as being affected by the complaint and a notice of the referral shall be served on the complainant in Form 50-1760, provided by the Board.

49(1)Where a complaint is not referred to designated jurisdictional representatives or to a tribunal, the Chief Executive Officer shall serve a copy of the complaint and a notice of complaint in Form 50-1760, provided by the Board, on the respondent and on any person named in the complaint as being affected by the complaint.

49(2)A notice of hearing in Form 50-1708, provided by the Board, shall be served on the complainant.

50(1)Where an application to the Board is made under subsection 47(3), the Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1760, provided by the Board, on the respondent and on any person named in the application as being affected by the application.

50(2)Where an application to the Board is made under subsection 47(4), the Chief Executive Officer shall serve a copy of the application and a notice of application in Form 50-1760, provided by the Board, on the respondent and on any person named in the application as being affected by the application.

50(3)A notice of hearing in Form 50-1708, provided by the Board, shall be served on the applicant.

51(1)Where a complainant or any person affected by a work assignment has requested that the Board issue an interim order under subsection 87(1) of the Act, the Chief Executive Officer shall give notice of such request by telegram or by personal service to the complainant, the respondent and each person named in the complaint or request as being affected by the complaint or request and the notice shall fix a date, which shall be not less than two and not more than twelve days, as directed by the Board, from the date on which the Chief Executive Officer sends the telegram or effects personal service, as the case may be, on which the Board shall consult with the persons that in its opinion are concerned in the request.

51(2)Where the Chief Executive Officer gives a notice under subsection (1) by telegram, particulars of the notice shall subsequently be served in Form 50-1781, provided by the Board.

51(3)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to appear before the Board at the time fixed in the notice, the Board may dispose of the request for an interim order without further notice to such person.

52(1)Where an application is made under subsection 47(2), the Chief Executive Officer shall serve upon the applicant, the respondent and each person named by the applicant as being affected by the application by telegram or by personal service, a notice of the making of the application and the notice shall fix a date, which shall be not less than two days and not more than twelve days, as directed by the Board, from the date on which the Chief Executive Officer sends the telegram or effects personal service, as the case may be, for a hearing of the application.

52(2)The Chief Executive Officer shall serve a copy of the application upon the respondent and each person given notice of the application under subsection (1).

52(3)Where the Chief Executive Officer gives a notice by telegram under subsection (1), particulars of the notice shall subsequently be served in Form 50-1781, provided by the Board.

52(4)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to appear before the Board at the time fixed in the notice, the Board may dispose of the application without further notice to such person.

53(1)Where a strike is imminent or is taking place by reason of the requirement as to assignment of work or by reason of the assignment of work, a request for an interim order respecting work assignment or an application for a direction that a person cease and desist from doing anything intended or likely to interfere with the terms of an interim order or direction respecting work assignment may be made to the Board by telegram, but, in such an event, the complaint or application in Form 50-1758 or 50-1759, provided by the Board, as the case may be, shall be mailed to the Board by registered mail on the day on which the telegram is sent or on such day as the Board may allow.

53(2)A request or application made under subsection (1) shall not be deemed to be invalid by reason of its failure to conform to the requirements of section 47 or Form 50-1758 or 50-1759, provided by the Board, but the Board may issue such direction as it deems necessary for the further processing of the request or complaint.

54(1)Every person served with a notice of complaint or application under section 49 or 50 shall file a reply in quadruplicate in Form 50-1761, provided by the Board, not later than the sixth day after

54(2)Every person served with a notice of complaint who is not within subsection (1) shall file a reply in quadruplicate in Form 50-1761, provided by the Board, within such time, being not less than two days, as the Chief Executive Officer shall fix or as the Board may direct.

54(3)Every person served with a notice of application under section 52 shall file a reply in quadruplicate in Form 50-1761, provided by the Board, within such time, being not less than two days, as the Chief Executive Officer shall fix or as the Board may direct.

56(1)When a settlement concerning a work assignment made under subsection 84(4) or section 88 of the Act is received by the Board, the Board may consult with the designated jurisdictional representatives or tribunal by telephone or telegram and notification of any clarification as may be required in the report may be given to the designated jurisdictional representatives or tribunal in Form 50-1762, provided by the Board.

56(2)The Chief Executive Officer shall serve upon the complainant, the respondent and each person named by the complainant as being affected by the settlement by telegram or by personal service, a notice of the receiving of the report of a settlement and shall fix a date, which shall be not less than four days and not more than six days, as directed by the Board from the date on which the telegram is sent or personal service effected, as the case may be, for a reply setting out any clarifications that may be required.

56(3)The Chief Executive Officer shall serve, upon each of the persons referred to in subsection (2), a copy of the report of the settlement concerning a work assignment and a notice of clarification in Form 50-1762, provided by the Board.

56(4)A reply to a notification given under this section shall be filed in quadruplicate in Form 50-1763, provided by the Board, not later than the terminal date.

56(5)Where the Chief Executive Officer gives a notice under this section by telegram or by personal service and such person fails to file a reply within the time fixed in the notice, the Board may dispose of the matter without further notice to such person.

56(6)Where a hearing is requested in a reply filed in accordance with this section or where the Board so directs, the Chief Executive Officer shall serve a notice of hearing in Form 50-1708, provided by the Board, upon each of the persons who has filed a reply within the time prescribed.

57(1)A referral to the Board made under subsection 94(4) or (5) of the Act or under subsection 95(6), (7) or (8) of the Act shall be made in quadruplicate in Form 50-1764, provided by the Board.

57(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-1765 provided by the Board, on each person named in the referral as affected by the referral.

57(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of the referral in Form 50-1766, provided by the Board, for posting.

57(4)A person served under subsection (2) shall file a reply in quadruplicate in Form 50-1767, provided by the Board, not later than the terminal date for the referral.

57(5)Where no reply has been filed as required in subsection (4) and no statement of desire to make representations has been filed in the form and manner prescribed in subsection (3), or any such reply or statement that has been filed does not state that the party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the referral upon the material before it without further notice to the party or employees.

57(6)Where a party or an employee or the representative of a group of employees requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties and each such employee or representative of a group of employees with a notice of hearing in Form 50-1708, provided by the Board.

57(7)Section 2 does not apply to a referral under this section.

58(1)A question under section 129 of the Act may be referred to the Board in Form 50-1768, provided by the Board.

58(2)The Chief Executive Officer shall serve a copy of the referral and a notice of referral in Form 50-1755, provided by the Board, on each person named in the referral as affected by the referral.

58(3)A person served with a notice under subsection (2) shall file a reply in quadruplicate in Form 50-1756, provided by the Board, not later than the terminal date fixed for the referral.

58(4)Where no reply has been filed as required in subsection (3), or any such reply that has been filed does not state that the person desires a hearing before the Board, the Board may dispose of the question referred upon the material before it without further notice to the party.

58(5)Where a party requests or the Board directs a hearing, the Chief Executive Officer shall serve each of the parties with a notice of hearing in Form 50-1708, provided by the Board.

58(6)Section 2 does not apply to a referral under this section.

59(1)In this section

59(2)An examiner shall file his report immediately upon its completion and, where the Board so directs, the Chief Executive Officer shall serve upon each of the parties to the proceeding, and upon any employee or representative of a group of employees who appeared at the proceedings, a copy of the report and a notice of the report in Form 50-1769, provided by the Board.

59(3)Any person who is served with a notice of the report and desires to make representations concerning the report shall file a statement of desire as prescribed in Form 50-1769, provided by the Board, not later than the sixth day after

59(4)Where no statement of desire to make representations has been filed in the form and manner required by subsection (3), or any such statement that has been filed does not state that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material before it without further notice to the party or to the employees.

59(5)Where the Chief Executive Officer receives a statement of desire to make representations filed in the form and manner required by this section and the person filing such statement states that he desires a hearing or where the Board so directs, the Chief Executive Officer shall serve each of the parties to the proceeding with a notice of hearing in Form 50-1708, provided by the Board.

61(1)Subject to subsection (2), the returning officer shall, upon the completion of the vote:

61(2)Where the Board or the Chief Executive Officer directs that the ballot box be sealed and that the ballots be not counted pending a further direction by the Board and the Board subsequently directs that the ballots be counted, the returning officer shall, upon completion of the counting of the ballots:

61(3)The employer shall post the copies of the report and notice immediately upon their receipt and keep them posted upon his premises in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application until the expiration of the sixth day after the day on which the returning officer served the employer with copies of the report and the notice.

61(4)Immediately after the employer has posted the copies of the report and notice under subsection (3), he shall file a return of posting in Form 50-1775, provided by the Board.

62(1)Subject to subsection (3), where a representation vote is taken after the hearing of an application,

62(2)Subject to subsection (3), where a pre-hearing representation vote is taken,

62(3)Where a representation vote is taken in connection with a direction that the ballot box be sealed and the Board subsequently directs that the ballots be counted,

62(4)Upon receiving a statement of desire to make representations in the form and manner required by this section that contains a statement that a party or any employee or representative of a group of employees desires a hearing before the Board or in any case where the Board so directs, the Chief Executive Officer shall serve a notice of hearing in Form 50-1708, provided by the Board, upon each of the parties to the proceedings and upon each person who has filed a statement.

62(5)Where no statement of desire to make representations has been filed in the form and manner required by this section, or no such statement that has been filed states that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material then before it without further notice to any party or to the employees.

63(1)Where an application or complaint does not, in the opinion of the Board, make out a prima facie case for the remedy requested, the Board may dismiss the application or complaint without a hearing and it shall in its decision state the reason for the dismissal.

63(2)The applicant or complainant may within ten days after he is served with the decision of the Board under subsection (1) request the Board to review its decision in Form 50-1739, provided by the Board.

63(3)A request for review under this section shall contain a concise statement of the facts and reasons upon which the applicant relies.

63(4)Upon a request for review being filed, the Board may

64(1)An application made under section 131 of the Act, other than an application within subsection 47(4) or section 63 of these Rules, shall be made in quadruplicate in Form 50-1739, provided by the Board.

64(2)Upon an application being filed under subsection (1), the Board may

65(1)Where a person intends to allege, at the hearing of an application or complaint, improper or irregular conduct by any person, he shall

65(2)Where, in the opinion of the Board, a person has not filed notice of intention promptly upon discovering the alleged improper or irregular conduct, he shall not adduce evidence at the hearing of the application of such facts, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.

65(3)Where a statement in an application or complaint or in any document filed under these Rules in respect of the application or complaint is so indefinite or incomplete as to hamper any person in the preparation of his case, the Board may, upon the request of the person made promptly upon receipt of the application, complaint, or document, direct in Form 50-1781, provided by the Board, that the information stated be made specific or complete and, if the person so directed fails to comply with the direction, the Board may strike the statement from the application, complaint or document.

65(4)No person shall adduce evidence at the hearing of an application or complaint of any material fact that has not been included in the application or complaint or in any document filed under these Rules in respect of the application or complaint, except with the consent of the Board, and, if the Board deems it advisable to give such consent, it may do so upon such terms and conditions as it thinks advisable.

66(1)Evidence of membership in a trade union or of objection by employees to certification of a trade union or council of trade unions or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall not be accepted by the Board on an application for certification or for a declaration terminating bargaining rights unless the evidence is in writing, signed by the employee or each member of a group of employees, as the case may be, and

66(2)No oral evidence of membership in a trade union or of objection by employees to certification of a trade union or council of trade unions or of signification by employees that they no longer wish to be represented by a trade union or council of trade unions shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).

66(3)Any employee or group of employees affected by an application for certification or for a declaration terminating bargaining rights and desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the terminal date for the application, but this subsection does not apply where the Board grants a request that a pre-hearing representation vote be taken.

66(4)An employee or group of employees who has filed a statement of desire in the form and manner required by this section may appear and be heard at the hearing or, in the case of an application to which sections 82 to 102 inclusive apply, at any hearing directed by the Board, in person or by a representative.

66(5)The Board may dispose of the application without considering the statement of desire of any employee who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to

67(1)Where a notice of hearing in Form 50-1708 or 50-1781, provided by the Board, is required to be served, it shall be served not less than two days before the day fixed for the hearing.

67(2)Where any person served with a notice of hearing fails to attend the hearing or any adjournment thereof, the Board may proceed in his absence.

68(1)Where a document is required to be filed by these Rules, filing shall be deemed to be made

68(2)Where a document is required to be served by these Rules, the service may be made in accordance with the provisions expressed in the Act.

68(3)Where on a form prescribed by these Rules a party or a person is required to complete the address for service of another party or person, it shall not be a defect on the return of the form if the address for service of such party or person is not completed where such address is unknown to the party or person completing the form and it shall be a sufficient compliance with the form if the usual address is set out.

68(4)Where on a form prescribed by these Rules provision is made for a request for additional copies of documents, compliance with the request is in the discretion of the Board and shall not be deemed a procedural requirement.

69(1)The Chief Executive Officer shall serve each of the parties to a proceeding with a copy of each reply, intervention, intervener’s application for certification, statement of desire to make representations or notice of intention to make allegations of improper or irregular conduct, filed in the proceeding.

69(2)Upon receipt of a statement of desire by an employee or a group of employees to make representations in opposition to an application under these Rules, the Chief Executive Officer shall inform in writing the applicant, the respondent and the intervener, if any, of the nature thereof in Form 50-1781, provided by the Board.

70(1)Where the Chief Executive Officer serves an employer with notices of application for posting, the employer shall post the notices immediately upon their receipt and keep them posted upon his premises in conspicuous places where they are most likely to come to the attention of all employees who may be affected by the application until the expiration of the terminal date for the application.

70(2)Immediately after the employer has posted the notices under subsection (1), he shall file a return of posting in Form 50-1775, provided by the Board.

71(1)Where a trade union or council of trade unions that makes an application for certification or for a declaration concerning the status of a successor trade union or council of trade unions or that files an intervention has not been found by the Board to be a trade union or council of trade unions within the meaning of the definition of “trade union” or “council of trade unions” in subsection 1(1) of the Act, as the case may be, in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon any trade union or council of trade unions upon whom he is required to effect service under subsection 9(1) or 91(1) a notice to that effect in Form 50-1781, provided by the Board, and he shall also attach such a notice to any notice to employees of the making of an application that an employer is required to post under section 4, 5, 6, 11, 22, 26, 86, 89 or 93 and to any other notice to employees of the making of an application as the Board may direct.

71(2)Where an employers’ organization in any proceeding has not been found by the Board to be an employers’ organization within the meaning of the definition of “employers’ organization” in subsection 1(1) of the Act in a previous proceeding under the Act, the Chief Executive Officer shall serve upon the parties to the application and upon an employers’ organization upon whom he is required to effect service under subsection 9(2) or 91(2) a notice to that effect in Form 50-1781, provided by the Board, and he shall also, as the Board may direct, attach such a notice to any notice to employees of the making of an application that an employer is required to post under these Rules.

72(1)A notice requiring the filing of a document under subsection 31(3), 34(6), 37(3) or (4) of the Act may be given in Form 50-1776, provided by the Board.

72(2)A document within subsection 31(3), 34(6), 37(3) or (4), 99(3), 134(2) or (4) or 139(3) of the Act shall be filed with the Board in Form 50-1777, provided by the Board.

72(3)A declaration under subsection 1(4) of the Act shall be filed with the Board in Form 50-1778, provided by the Board.

72(4)A notice of a designation made under section 82 of the Act shall be filed in Form 50-1779, provided by the Board.

72(5)A notice of a designation made under section 134 of the Act shall be filed in Form 50-1780, provided by the Board.

72(6)A notification by the Board, where a form is not otherwise prescribed, may be made in Form 50-1781, provided by the Board.

72(7)A summons to a witness shall be in Form 50-1782 or 50-1783, provided by the Board, as the case may be.

75(1)The Board may dispose of an application or complaint without further notice to anyone who has not filed a document in the proceeding in the form and manner prescribed by, or as provided for in, these Rules.

75(2)Where a person is served with a notice of hearing by the Chief Executive Officer or informed of the hearing by posting and fails to appear at the hearing, the Board may dispose of the application or complaint without further notice to the person and without considering any statement filed by him.

77(1)The Board may, if it considers it advisable in the interests of justice, adjourn any hearing for such time and to such place and upon such terms as it considers advisable.

77(2)The Board may, if it considers it advisable to do so, by Form 50-1781, provided by the Board, or by the modification of any other form prescribed by these Rules, direct that a hearing be held at such place within the Province, other than at the Board Room, as the Board considers advisable.

77(3)The Board may, upon such terms as it considers advisable, enlarge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding and may do so although application therefor is not made until after the expiration of the time prescribed.

77(4)Where the Board is satisfied that it is necessary or convenient to do so, the Board may abridge the time prescribed by or under these Rules for doing any act, serving any notice, filing any report, document or paper or taking any proceeding.

77(5)Where the Chief Executive Officer is satisfied that it is necessary or convenient to do so, he may, and shall if so directed by the Board, postpone a hearing to a subsequent date on notice given to the persons concerned by telegram or by notice served in Form 50-1781, provided by the Board.

77(6)Where in any case under these Rules a notice of hearing is not prescribed or provided for and a notice of hearing is required the Chief Executive Officer, as the Board may direct, may give notice of hearing in Form 50-1708 or 50-1781, provided by the Board.

79(1)No proceeding under these Rules is invalid by reason of any defect in form or of any technical irregularity.

79(2)Where, in a form prescribed by these Rules, a provision is to be omitted or completed in completing the form for use in accordance with these Rules, a defect or omission as to a provision to be omitted or completed shall be deemed a defect in form within the meaning of subsection (1) and the form as to the provision to be omitted or completed may be amended, as the case may be, by the Board on its own motion before or at a hearing or may be amended before or at a hearing by leave of the Board upon such terms and conditions as the Board considers advisable.

79(3)Where in a form prescribed by these Rules an asterisk is printed at the margin or in the body of a provision set out in the form, the asterisk shall be deemed as inserted for convenience only and the Board, as it may determine, may amend a form by striking out, or by the addition of, an asterisk, as the case may be.

79(4)Where, in a form prescribed by these Rules, the form is designated for use in the Construction Industry only with the use thereof or the proceeding designated as before the Construction Division of the Board, the Chief Executive Officer, as directed by the Board or a division thereof, may amend the form by deletion of such designation and, in any case where the use of a form is not so designated and the form is required for use in the Construction Industry before the Construction Division of the Board, the Chief Executive Officer, as directed by the Board or a division thereof, may amend the form by the addition thereto of such designation, provided that any such amendment, by deletion or addition, shall be deemed an amendment of the form for convenience only and the form as amended shall not be invalid if in substantial compliance with the applicable provisions of the Act and of these Rules.

82(1)Sections 82 to 97 inclusive apply to proceedings for certification in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, sections 2 to 12 inclusive, subsection 59(5) and section 62 do not apply to such proceedings.

82(2)Section 65 applies to proceedings for termination of bargaining rights in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, section 2 does not apply to such proceedings.

82(3)Sections 98 to 102 inclusive apply to proceedings for termination of bargaining rights in the construction industry to which sections 38 to 43 inclusive of the Act apply, and, except as otherwise provided, sections 16 to 20 inclusive do not apply to such proceedings.

82(4)Where, in a proceeding before the Construction Division, it is determined that the proceeding or matter does not relate to the construction industry, the Division shall transfer the proceeding or matter to the Board or a division thereof for disposition by the Board or a division thereof.

82(5)Where in a proceeding before the Board or a division thereof, it is determined that the proceeding or matter relates to the construction industry, the Board or a division thereof may decline jurisdiction and transfer the proceeding or matter to the Construction Division for disposition by the Construction Division.

82(6)Where the Board or a division thereof transfers a proceeding or matter as provided in subsection (4) or (5), the transfer may be made upon such terms and conditions as the transferring Board or division considers advisable and the Board or division to which the proceeding or matter is transferred may issue such directions with respect to the proceeding or matter as the Board or division considers necessary or convenient to a disposition of the proceeding or matter before the Board or division, including, as the Board or division considers advisable, directions with respect to the terminal date, the filing of any document and other matter deemed necessary for the further processing of the proceeding or matter or, as the Board or division considers advisable, for making the transfer as effective as if the proceeding or matter had begun as a proceeding or matter before the Board or division.

82(7)Sections 103 to 123 inclusive apply to proceedings for accreditation and termination of accreditation as bargaining agent in the construction industry and section 2 does not apply to such proceedings.

86(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1785, provided by the Board.

86(2)The Chief Executive Officer shall serve the respondent with:

87(1)The applicant shall, not later than the terminal date for the application, file a declaration concerning membership documents in Form 50-1791, provided by the Board.

87(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.

87(3)A declaration referred to in subsection (1) shall be made by a person or persons representing the applicant.

88(1)Where an applicant or an intervener has requested a pre-hearing representation vote and has requested consent to an early application and where the early application is opposed in a reply or intervention or in a statement of desire to make representations by an employee or the representative of a group of employees, the Chief Executive Officer, where a hearing is directed by the Board, shall serve the applicant, the respondent, the intervener and the employee or representative of a group of employees named in the statement of desire with a notice of hearing on the request for consent to the early application in Form 50-1781, provided by the Board.

88(2)Where an applicant has requested a pre-hearing representation vote and has requested consent to an early application and where the Board has granted consent to the early application, the Chief Executive Officer shall

90(1)A respondent shall file a reply to an application in quadruplicate in Form 50-1792, provided by the Board, not later than the terminal date for the application and the reply shall be accompanied by a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or the employees of the respondent in the bargaining unit claimed by either the applicant or the respondent to be appropriate.

90(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.

90(3)A verification of a list of employees shall be signed in accordance with section 135 of the Act.

91(1)The Chief Executive Officer shall immediately notify any trade union or council of trade unions named in an application or reply as claiming, or known to him as claiming, to be the bargaining agent, or to represent any employees who may be affected by the application, by telegram, that an application with respect to such employees has been made and shall serve upon such trade union or council of trade unions a copy of the application and a notice of application in Form 50-1793, provided by the Board.

91(2)The Chief Executive Officer shall immediately notify any employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application, by telegram that an application with respect to the employees of such employer has been made and shall serve upon such employers’ organization a copy of the application and a notice of application in Form 50-1793, provided by the Board.

91(3)A notice of application in Form 50-1793, provided by the Board, shall set out a request for consent to an early application, a request for a pre-hearing representation vote, a notice of hearing on a request for consent to an early application, a notice of filing of documents where the applicant is a council of trade unions, and a notice for intervention, as the case may be.

92(1)A trade union or council of trade unions or employers’ organization that is notified of an application pursuant to section 91 shall notify the Chief Executive Officer by telegram of its claim and of its intention to intervene in the proceedings.

92(2)A trade union, council of trade unions or employers’ organization that is served with a notice of application, or that claims to be affected by an application, shall notify the Chief Executive Officer immediately by telegram of its claim and of its intention to intervene in the proceedings and shall file its intervention, if any, in quadruplicate in Form 50-1794, provided by the Board, not later than the terminal date for the application and, if it fails to file such intervention, it may be deemed by the Board to have abandoned any claim to represent any of the employees or employers, as the case may be, who may be affected by the application.

92(3)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (2) shall be the terminal date first fixed by the Chief Executive Officer under section 86.

92(4)Where the trade union, council of trade unions or employers’ organization referred to in subsection (2) is or was recently a party to or bound by a recognition agreement or collective agreement affecting the application or intervention, it shall file with its intervention a copy of the recognition agreement or collective agreement.

93(1)A trade union or council of trade unions desiring certification as bargaining agent or employees who may be affected by the application shall file an intervener’s application for certification in quadruplicate in Form 50-1795, provided by the Board, not later than the terminal date for the application and the intervener’s application shall be accompanied by a declaration concerning membership documents in Form 50-1791, provided by the Board.

93(2)Unless the Board upon application or on its own motion directs a different terminal date, the terminal date for the purposes of subsection (1) shall be the terminal date first fixed by the Chief Executive Officer under section 86.

93(3)Section 84 does not apply to an intervener’s application.

93(4)Where the Board so directs, the Chief Executive Officer shall serve the employer with notices of the intervener’s application for posting.

94(1)Where a party requests a hearing of the application by the Board, he shall set out in the application, reply or intervention, as the case may be, a concise statement of:

94(2)Where an applicant or an intervener requests certification without notice or without a hearing pursuant to subsection 40(5) of the Act, he shall set out in the application or intervention, as the case may be, a concise statement of the representations made in support of the request.

95(1)Where the Board directs a hearing to inquire into the matters or a matter raised in an application, a reply, an intervention or in a statement of desire filed by an employee or group of employees within the time fixed and in the manner prescribed in these Rules, the Chief Executive Officer shall serve each of the parties and such employee or the representative of such a group of employees with a notice of hearing in Form 50-1781 or 50-1790, provided by the Board, as the case may be.

95(2)Where the Board directs a hearing on a request for consent to an early application, subsection 88(1) shall apply.

95(3)Where the Board, on an application for certification made pursuant to subsection 40(5) of the Act, dismisses an application, and an application for a hearing is made in accordance with subsection 40(11) of the Act, the Chief Executive Officer shall serve a notice of hearing in Form 50-1781, provided by the Board, on the applicant and on each person who filed a reply or intervention.

95(4)Where the Board, on an application for certification made pursuant to subsection 40(5) of the Act, certifies a trade union or council of trade unions without notice or without a hearing and where a respondent or intervener, as the case may be, in a reply or intervention requested a hearing, and where an application for a hearing is made in accordance with subsection 40(11) of the Act, the Chief Executive Officer shall serve a notice of hearing in Form 50-1781, provided by the Board, on the applicant for certification, on the applicant for the hearing, and on any person who filed an intervention.

95(5)An application under this section shall be made in quadruplicate in Form 50-1739, provided by the Board, but sections 34 and 35 shall not apply thereto.

95(6)The Board on a proceeding or matter within subsection (3) or (4) may issue such directions in respect to the proceeding or matter as it considers advisable.

96(1)Subject to subsection (4), where the Board directs the taking of a representation vote without directing a hearing of the application,

96(2)Subject to subsection (4), where a representation vote is taken after the hearing of an application,

96(3)Subject to subsection (4), where a pre-hearing representation vote is taken,

96(4)Where a representation vote is taken in connection with a direction that the ballot box be sealed and the Board subsequently directs that the ballots be counted,

96(5)Where no statement of desire to make representations is filed in the form and manner required in subsections (1) to (4) inclusive, or no such statement that is filed states that a party, employee or representative of a group of employees desires a hearing before the Board, the Board may dispose of the application upon the material then before it without further notice to any party or to the employees.

96(6)Where a statement of desire to make representations is filed in the form and manner required in subsections (1) to (4) inclusive, and the Board directs a hearing, the Chief Executive Officer shall serve each of the parties to the proceeding and any employee or representative of a group of employees who has filed a statement of desire with a notice of hearing in Form 50-1790, provided by the Board.

96(7)Where, following the filing with the Board of the report of an examiner, the Chief Executive Officer receives a statement of desire to make representations filed in the form and manner required by section 59, and the Board directs a hearing, the Chief Executive Officer shall serve each of the parties to the proceeding with a notice of hearing in Form 50-1790, provided by the Board.

96(8)Where a statement of desire is filed under this section and a request is made for a hearing before the Board and where the Board has dismissed the application or issued a certification without a hearing, the dismissal or issuance of the certification is subject to the provisions made with respect to a hearing in subsections 95(3) to (5) inclusive.

97(1)Where the applicant that has filed an application for certification or where the intervener that has filed an intervener’s application for certification is a council of trade unions, it shall file with the Chief Executive Officer, at the time the application or intervention is filed, the documents upon which it intends to rely to satisfy the Board that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

97(2)Where the intervener that has filed an intervener’s application is an employers’ organization, it shall file with the Chief Executive Officer, at the time the intervention is made, the documents upon which it intends to rely to satisfy the Board that it represents an employer affected by the application or that it has an interest in the application.

99(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1785, provided by the Board.

99(2)The Chief Executive Officer shall serve the respondent with:

99(3)The Chief Executive Officer shall serve the employer with an appropriate number of notices of application in Form 50-1798, provided by the Boardr, for posting.

99(4)The Chief Executive Officer shall serve an employers’ organization named in the application or reply as claiming, or known to him as claiming, to represent any employer who may be affected by the application with a copy of the application and a notice of application and of hearing in Form 50-1797, provided by the Board.

101(1)Where the application is made by a person other than the employer, the Chief Executive Officer shall serve the employer with a copy of the application and a notice of application and of hearing in Form 50-1799, provided by the Board.

101(2)An employer, upon whom a copy of an application and a notice of application and of hearing are served, shall file his intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.

101(3)An employers’ organization, upon whom a copy of an application and a notice of application and of hearing are served, shall file its intervention, if any, in quadruplicate in Form 50-1712, provided by the Board, not later than the terminal date for the application.

102(1)A respondent and an intervener shall file with the reply or intervention a copy of any existing or recently expired recognition agreement or collective agreement that is or was recently binding upon the respondent or intervener affecting the employees in the bargaining unit.

102(2)A respondent, when an application is made in respect to section 29 of the Act, shall file with its reply a declaration concerning entitlement to represent the employees in the bargaining unit in Form 50-1722, provided by the Board.

102(3)An employer, when an application is made in respect to section 29 of the Act, shall file with its intervention, or in any case where the Board so directs, a declaration as prescribed in Form 50-1722, provided by the Board, concerning the employees in the bargaining unit in Form 50-1722, provided by the Board.

102(4)Where an application is made under subsection 23(1) or (2) or section 24, 25 or 42 of the Act, the Chief Executive Officer, as directed by the Board, shall serve upon the respondent or on an employer who is an applicant, or both, a notice in Form 50-1781, provided by the Board, prescribing a date for a return of membership lists or employee lists, as the case may be, setting out such particulars as may be directed in the notice.

102(5)Where a respondent or an employer served with a notice under subsection (4) does not make a return in accordance with the subsection, the Board may dispose of an application under section 24 or 25 of the Act on the evidence before it without further notice to the respondent or employer, as the case may be.

102(6)Where a trade union, council of trade unions, employer or employers’ organization served with a notice of application does not file a reply or intervention, as the case may be, it may be deemed by the Board to have abandoned its claim to represent any of the employees or employers, as the case may be, affected by the application and to have abandoned its interest in the application and the Board may dispose of the application without further notice to such trade union, council of trade unions, employer or employers’ organization.

106(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1802, provided by the Board.

106(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-1803, provided by the Board.

107(1)The applicant shall, not later than the second day after the terminal date for the application, file a declaration concerning representation documents in Form 50-1804, provided by the Board.

107(2)A declaration may be signed by an officer of the applicant as prescribed in Form 50-1804, provided by the Board.

108(1)A respondent shall file a reply in quadruplicate in Form 50-1805, provided by the Board, not later than the terminal date for the application.

108(2)A verification of an employer list may be signed by an officer of the respondent as prescribed in Form 50-1803, provided by the Board.

114(1)An employer that is served with a notice of application and of hearing shall file an employer intervention in Form 50-1810, provided by the Board, together with the accompanying Schedule H, not later than the employer date for the application.

114(2)A verification of an employee list may be signed by the employer, or any officer thereof, as prescribed in Form 50-1809, provided by the Board.

114(3)Where an employer proposes a different weekly payroll date, Schedule H shall be completed for the weekly payroll date prescribed in Form 50-1809 provided by the Board, and a schedule may be filed in the manner prescribed for the weekly payroll period proposed by the employer.

114(4)An employer who has filed an employer intervention may appear at the hearing.

114(5)Where an employer intervention indicates a desire on the part of the employer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the employer intervention of an employer who fails to appear at the hearing without further notice to the employer.

116(1)The Chief Executive Officer shall serve the applicant with a notice of the fixing of the terminal date for the application in Form 50-1802, provided by the Board.

116(2)The Chief Executive Officer shall serve the respondent with a copy of the application and a notice of application in Form 50-1812, provided by the Board.

117(1)The respondent shall file a reply in quadruplicate in Form 50-1813, provided by the Board, not later than the terminal date for the application.

117(2)A verification of an employer list may be signed by an officer of the respondent as prescribed in Form 50-1812 provided by the Board.

122(1)An employer who is served with a notice of application and of hearing shall file an employer intervention in Form 50-1816, provided by the Board, together with the accompanying Schedule H, not later than the employer date for the application.

122(2)A verification of an employee list may be signed by the employer, or any officer thereof, as prescribed in Form 50-1815, provided by the Board.

122(3)Where an employer proposes a different weekly payroll date, Schedule H shall be completed for the weekly payroll date prescribed in Form 50-1815, provided by the Board, and a schedule may be filed in the manner prescribed for the weekly payroll period proposed by the employer.

122(4)An employer who has filed an employer intervention may appear at the hearing.

122(5)Where an employer intervention indicates a desire on the part of the employer to make representations to the Board with respect to the application, the Board may dispose of the application without considering the representations set out in the employer intervention of an employer who fails to appear at the hearing without further notice to the employer.

123(1)Evidence of representation of an employer by an employers’ organization or of objection by employers to accreditation of an employers’ organization or to termination of accreditation as bargaining agent or of signification by employers that they no longer wish to be represented by an accredited employers’ organization shall not be accepted by the Board on an application for accreditation or for a declaration terminating accreditation as bargaining agent unless the evidence is in writing signed by the employer, or each member of a group of employers, as the case may be, is accompanied by the return mailing address of the person who files such evidence, objection or signification and

123(2)No oral evidence of representation by an employers’ organization or of objection by employers to accreditation of an employers’ organization or to termination of accreditation as bargaining agent or of signification by employers that they no longer wish to be represented by an accredited employers’ organization shall be accepted by the Board except to identify and substantiate the written evidence referred to in subsection (1).

123(3)Any employer or group of employers affected by an application for accreditation or by an application for a declaration of termination of accreditation as bargaining agent desiring to make representations to the Board in opposition to the application may file a statement in writing of such desire in the form prescribed by subsection (1) not later than the employer date for the application.

123(4)An employer or group of employers who has filed a statement of desire in the form and manner prescribed by this section may appear at the hearing.

123(5)The Board may dispose of an application without considering the statement of desire of any employer who fails to appear in person or by a representative and adduce evidence that includes testimony in the personal knowledge and observation of the witness as to

124.2(1)The Chief Executive Officer shall serve the respondent and any trade union, council of trade unions, employer or employers’ organization or any other person named in the application as affected by the application, with the following:

124.2(2)The Chief Executive Officer shall serve the respondent with an appropriate number of notices of application in Form 50-1819, published by the Board, for posting.

124.3(1)The respondent shall file a reply in quadruplicate in Form 50-1820, published by the Board, not later than the terminal date for the application.

124.3(2)Any other trade union, council of trade unions, employer or employers’ organization or any other person served under section 124.2 with a notice of application and of hearing shall file an intervention in quadruplicate in Form 50-1821, published by the Board, not later than the terminal date for the application.

124.3(3)Where no reply or intervention is filed under this section, the Board may dispose of the application on the evidence before it without further notice to the person failing to make a reply or intervention, as the case may be.

124.4(1)Any employee or group of employees affected by an application under section 124.1 who desires to make representations in connection with the application shall file a statement of desire to make representations not later than the terminal date for the application, and such statement shall:

124.4(2)Where no statement of desire to make representations has been filed in the form and manner required under subsection (1), the Board may dispose of the application upon the material before it without further notice to the employees.

125(1)For the purposes of section 16 of the Act, a member in good standing of a trade union shall be deemed by the Board to be a person who, in the opinion of the Board, is at the date of an application for certification a member of the trade union and

125(2)Notwithstanding subsection (1), where the Board is satisfied that a trade union within subsection (1) has an established practice of admitting persons to membership without regard to the eligibility requirements of its charter, constitution or by-laws, the Board, in determining whether a person is a member in good standing of the trade union, shall not consider those eligibility requirements in the application of subsection (1).

125(3)Notwithstanding subsection (1), where the Board is satisfied that an employee has made application in writing for membership in a trade union within subsection (1), the expression “member in good standing” for the purposes of the Act shall include a person who has paid to the trade union, on his own behalf, an amount of not less than one dollar in respect of initiation fees or monthly or other periodic dues of the trade union.

125(4)Where, on any other proceeding before the Board, a question arises as to whether a person is or was a member in good standing of a trade union, the rules applicable shall be governed by analogy to the rules expressed in subsections (1) to (3) inclusive as the Board considers advisable.