Investigations at the Board
What does “investigation” mean?
The purpose of an investigation is to assist the parties in ensuring that their file is complete and contains the information required by the Canada Industrial Relations Board Regulations, 2012 (the Regulations), and the Board's procedures.
The investigation is not about the Board independently gathering evidence, interviewing witnesses or preparing reports for decision-makers.
Instead, the investigation involves:
- reviewing applications and complaints to ensure that the required information has been provided
- identifying any missing information or documents
- coordinating the filing of responses and replies by the parties
- ensuring that procedural requirements have been met
- helping ensure that the Board has the information it needs to make its decision
The parties themselves are responsible for presenting their case and providing the evidence and arguments that support their position.
Responsibilities of the Parties
The Board does not gather evidence on behalf of the parties.
Each party is responsible for:
- preparing their own submissions
- presenting the facts, evidence and arguments that support their position
- filing their own supporting documents
- complying with the Board's Regulations, procedures and deadlines
- submitting documents through the Board's E-Filing Web Portal
The Board's role is to provide a fair process and to decide the issues based on the information filed by the parties.
What are the roles of the Senior Registry Officers, Senior Analysts and Industrial Relations Officers?
All files at the Board are supported by a Senior Registry Officer (SRO) and by either a Senior Analyst (SA) or an Industrial Relations Officer (IRO). These impartial employees of the Board help ensure that files are processed fairly, efficiently and in accordance with the Board’s Regulations and procedures.
Senior Registry Officers
SROs are assigned to each file and are responsible for managing case files. They review documents that the Board receives, maintain the official record of proceedings and ensure that filings are processed properly.
An SRO is available to answer questions about:
- how to file documents with the Board
- how to use the Board’s E-Filing Web Portal
- filing deadlines
- service requirements
- the Board's procedures and forms
SROs always remain neutral and cannot provide legal advice or recommend what a party should say in their representations.
Senior Analysts and Industrial Relations Officers
Once a file is opened, it is also assigned to an SA or to an IRO. SAs and IROs are experienced labour relations professionals who assist in managing and processing files before the Board.
They may:
- explain the Board’s processes and procedures
- provide information about the relevant provisions of the Canada Labour Code and the Board’s Regulations
- explain what information or documents may need to be filed
- answer procedural questions
- offer mediation services where appropriate
SAs and IROs always remain neutral. They do not act for any party and do not provide legal advice.
Do Senior Analysts and Industrial Relations Officers prepare investigation reports for the Board?
In most complaints and applications, SAs and IROs do not prepare investigation reports for the Board.
The main exception occurs in certification and revocation applications.
In those matters, the assigned SA or IRO may prepare a Letter of Understanding (LOU) summarizing their understanding of the proposed bargaining unit and identifying key issues that may require determination by the Board. These issues may include certain considerations or the parties’ agreement or disagreement regarding:
- bargaining unit composition
- employee inclusion or exclusion
- exclusion for being a manager or supervisor
- other matters affecting the appropriateness of the bargaining unit
The purpose of the LOU is not to recommend an outcome. Rather, it helps ensure that the parties and the Board have a common understanding of the parties’ positions and issues that may need to be addressed. Parties are given an opportunity to comment on the LOU.
When the Board must determine whether employees support a trade union, the SA or IRO may collect and verify evidence relating to employee support and prepare confidential reports for the Board. To protect the confidentiality of employee wishes, these reports are not disclosed to the parties or to the public.
As part of this process, the SA or IRO will contact employees by telephone or email to verify information or gather evidence relating to the application. If an SA or IRO contacts you, it is important that you respond quickly. Timely responses help ensure that the investigation is completed efficiently and that the Board can process the application without unnecessary delays.
Apart from these situations, SAs and IROs may prepare investigation reports in matters regarding the maintenance of activities or when the Board specifically asks for this kind of report.
Additional Responsibilities
SAs and IROs also conduct representation votes, when ordered by the Board, to determine employee support for a trade union. Information about this process can be found in the Voting Process section below.
As each new file is received, it is assigned to an SRO and to an SA or IRO. The SA or IRO reviews the matter and contacts the parties to begin the case management process and discuss available services, including mediation.
IMPORTANT: SROs, SAs and IROs do not provide legal opinions or strategic advice on a case.
Voting Process
When does the Board order a vote?
In some cases, the Board may order a vote to determine whether a trade union has the level of employee support required under the Canada Labour Code to be the certified bargaining agent.
A vote may be ordered:
- to determine whether employees want to be represented by a union (in a certification application or in an application to restructure the bargaining unit)
- to determine whether employees want to continue being represented by a union (in a revocation application)
- to determine which union employees, want to represent them (when two or more unions seek to represent the same group of employees)
How are votes held?
When the Board orders a vote, the SA or IRO assigned to the file is responsible for administering it. In consultation with the parties, the SA or IRO will make the necessary arrangements for the vote and ensure that eligible employees receive appropriate notice and instructions on how to participate.
The Board conducts all votes confidentially to ensure that employees can express their wishes freely and without interference. To support the fair, efficient and effective administration of justice, most votes are conducted electronically using a secure voting platform. Electronic voting allows employees to cast their ballot confidentially from any location during the voting period while maintaining the integrity, security and reliability of the voting process.
In some exceptional circumstances, a vote may be conducted in person or by mail.