Filing an agreement or application concerning the maintenance of certain essential activities - Section 87.4 of the Canada Labour Code

Part I–Industrial Relations

Note: If you have any questions about this form, please contact a Canada Industrial Relations Board officer at 1-800-575-9696.

The information provided and any documents submitted to the Canada Industrial Relations Board (the Board) are collected solely for the purpose of administering the Canada Labour Code (the Code) and will be used to deal with and adjudicate matters that come before the Board. Parties that engage the Board’s services should be aware that this is a public process. Apart from documents exchanged during mediation, the documents you send the Board are stored in a file that is accessible to the public on request. The Board also posts key decisions on its website, and these decisions may identify parties and witnesses by name and may include information about them that is relevant and necessary to the Board’s decision.

Please let the Board know if you have concerns about sensitive information in your file. You may request that we make this information confidential. The possibility of issuing a confidentiality order to protect your information will then be assessed. For more on this, see the Board’s Information Circular No. 12–Policy on Openness and Privacy.

Important Information Before Filing Your Agreement or Application

This form will guide you in making an application to maintain certain activities—that is, the supply of services, operation of facilities or production of goods—to the extent necessary to prevent an immediate and serious danger to the safety or health of the public if there is a strike or lockout not prohibited by Part I of the Code. It will help you provide all the information that the Board needs to deal with your application.

This form will also guide you in filing an essential activities agreement with the Board. The form and your agreement must be filed in two places:

with the Minister at maintenance.activities@labour-travail.gc.ca
with the Board by using the E-Filing Web Portal.

Before filling out this form, please read the Rules of Procedure No. 10–Maintenance of Activities or Essential Services Application. You can view these Rules of Procedure on the Board’s website, at www.ccri-cirb.gc.ca.

The Board will assign an officer to oversee the conduct of the file and help the parties reach a settlement. A meeting date will be determined once the application has been received, and an officer will communicate with you to discuss the investigation and a resolution process.

When filling out this form, please print clearly. You may use additional pages if necessary to provide the information requested. Please clearly identify and number any attachments.

I – Information About the Applicant (Employer or Bargaining Agent)

Applicant's legal name

Address

Email address

Telephone number

Name of representative

Title of representative

Address, email address and telephone number, if different from those indicatedabove

Name of counsel and law firm, if applicable

Address

Email address

Telephone number

II – Information About the Other Party Concerned by the Application (Employer or Bargaining Agent)

Legal name of the other party concerned by the application

Address

Email address

Telephone number

Name of representative

Title of representative

Address, email address and telephone number, if different from those indicated above

Name of counsel and law firm, if applicable

Address

Email address

Telephone number

III – Section of the Canada Labour Code

Check the box that relates to the section of Part I (Industrial Relations) of the Code that applies to the agreement or application you are filing with the Board.

87.4(3) – Agreement filed with the Minister and the Board

87.4(4) – Application filed by an employer or a bargaining agent/union when no agreement has been reached

87.4(4) – Joint application when no agreement has been reached

IV – Filing an Agreement With the Minister and the Board

If you are filing an agreement reached by the parties under section 87.4(3) of the Code, please provide a copy of the following documents. Otherwise, continue to section V.

A copy of the parties’ agreement concerning the maintenance of certain essential activities and proof that the agreement has been sent to the Minister
The bargaining certificate or the bargaining unit description
The first page of the last collective agreement, in force or expired, that covers the employees of the bargaining unit affected by the application and that states the names of the parties and the term of the collective agreement (if applicable)
A copy of the notice to bargain collectively

V – Grounds for the Application and Documents/Information in Support of the Application

Only fill out this section if you are filing an application concerning the maintenance of certain essential activities under section 87.4(4) of the Code. Otherwise, continue to section VI.

Please provide the grounds (reasons) for your application, as well as details regarding the order or decision you want the Board to make.

Please describe the activities—that is, the supply of services, operation of facilities or production of goods—that you believe must be maintained to comply with section 87.4(1) of the Code if there is a strike or lockout not prohibited by the Code. Please also provide an estimate of how many bargaining unit employees would be required to maintain the activities.

Please specifically describe the immediate and serious danger to the safety or health of the public that, in your view, could arise if the Board does not grant this application.

Please attach all relevant documents and information in support of your application and clearly identify and number the attachments.

Here are examples of relevant documents/information:

The bargaining certificate or the bargaining unit description
The first page of any collective agreement, in force or expired, that covers the employees of the bargaining unit affected by this application and that states the names of the parties and the term of the collective agreement (if applicable)
The addresses of the employer’s facilities affected by the application
A copy of the last agreement or the last order affecting the parties regarding essential services (if applicable)
A copy of the notice to bargain collectively
A copy of the notice of dispute (if applicable)
The number of employees in the bargaining unit
A list stating the full names, classifications or position titles and work locations of the employees affected by this application (this list must identify management and supervisory staff, the members of all the bargaining units and, if applicable, the casual and part-time employees)
A job description for the positions that the applicant feels must be maintained to comply with section 87.4(1) of the Code in the event of a strike or lockout not prohibited by Part I of the Code
A detailed description of the nature of the business and operations

Also, if you are the employer, please provide the following additional document:

an organizational chart as of the filing of the application, if relevant

You may use additional pages if necessary. Please print clearly and number the pages.

VI – Hearing

The Board does not have to hold an oral hearing, even if a party asks for one. The Board decides most applications without an oral hearing based on the submissions on file. Is a hearing necessary?

Yes

If yes, why do you believe that a hearing is necessary?

Please specify the preferred method of hearing (videoconference or in person), and if the hearing is in person, please specify where you would like it to be held.

VII – Filing Your Application or Agreement

The Board has an e-filing Web Portal (Portal) service, which allows you to file your Portable Document Format (PDF) documents in the Board’s centralized document filing system. You can access the Portal here.

If you choose to file your document electronically using this Portal, do not forward a hard copy of the same document to the Board. The electronic version will be considered the original copy.

Signature

Date

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Filing an agreement or application concerning the maintenance of certain essential activities - Section 87.4 of the Canada Labour Code

Part I–Industrial Relations

Important Information Before Filing Your Agreement or Application

I – Information About the Applicant (Employer or Bargaining Agent)

II – Information About the Other Party Concerned by the Application (Employer or Bargaining Agent)

III – Section of the Canada Labour Code

IV – Filing an Agreement With the Minister and the Board

V – Grounds for the Application and Documents/Information in Support of the Application

VI – Hearing

VII – Filing Your Application or Agreement