ALRB Responses to Recent Legislative Changes CIRA South November 1, 2017

Key Legislative Changes: Certification Card-check certification where >65% membership evidence Validity of membership evidence from 90 days to 6 months Strict timelines for applications

Key Legislative Changes: Certification Timelines Employer evidence – 5 days If Notice to Vote required – 10 days Vote to Commence - within 3 days of notice File complete – 20 days

ALRB Processes – Certification Maintain Board Officer’s Reports 8th day by 9:00 a.m. Timeline for objections 24 hours – 9th day by 9:00 a.m. Administrative Review – 10th day If >65% membership and no obj – card check cert. Otherwise, if >40% - issue Notice to Vote

ALRB Processes – Certification Hearing for objections automatically set for the 13th day Parties must exchange documents to be relied upon at hearing 48 hours in advance – day 11 It is anticipated most hearings will be completed in one day Normally no adjournments will be granted, due to the 20 day timeline Adjournment requests can only be granted by the Chair, as only Chair can adjust the 20 day timeline

ALRB Processes – Certification Where objections, bottom line decision to be complete by 20th day P.S. – There is a new Certification form. The “grace period” for using the old one is dwindling. Get rid of the old precedents on your computer.

Certification - thoughts Take pity on your Board Officers Short timelines = premium on preparation Remember that whether a vote is initially set is a function of the Officer’s report … Union may object that it is >65%, but statutory vote timeline is running Objections are principled, not “conditional”

Certification - thoughts Union retains ability to opt for vote Question re: Board’s residual discretion if >65% The question of frivolous objections/hearings

Key Legislative Changes – Duty of Fair Representation Board may approve union internal or external appeal or review process (s. 153(6)) Statute sets effect of approved process on handling of DFR complaints (s. 153(4)-(5)) Board is required to consider disclosure issues when considering summary dismissal (s. 16(7.2)-(7.3))

ALRB Processes- Duty of Fair Representation Board has published Guidelines for Board Approval of Appeal or Review Processes Process for applying is discussed in Guidelines Unions with approved processes will be listed on the Board’s website

ALRB Processes- Duty of Fair Representation If approved process, member must use before making complaint to the Board Statute has a “faint hope clause” where applicant applies in advance for permission not to use the union’s process -- Board will only permit in exceptional circumstances If approved process, it must be completed or “outstanding for longer than is reasonable” before making complaint to Board Board has set Rule that if <90 days, complaint will not be accepted. If more, proceed only on prelim issue of reasonable delay.

ALRB Processes- Duty of Fair Representation Benefit of approved process Timeline for complaint to Board becomes an unextendable 45 days from decision Board shall consider results in assessing the complaint Catch mistakes. Solve communication issues. “Show your work”

ALRB Processes- Duty of Fair Representation Increased disclosure requirement to enjoy benefit of Board’s summary dismissal process for DFRs Answers policy concern that too many DFRs are sent to hearing because the document answering the conflicting stories not provided up front Any and all documents in Union’s possession relevant and material to the representation concerning the matters raised in the complaint

ALRB Processes- Duty of Fair Representation Employers are no longer given immediate notice of DFR complaint Documentary review process proceeds without employer Employer only notified if matter proceeding to a hearing

Key Legislative Change – Marshalling Unionized workplace Multiple proceedings (or anticipated) that arise out of common circumstances, including common legal issues, facts, or both

Key Legislative Change – Marshalling Board may: Consolidate multiple arbitrations/grievances Direct forum where an issue should be decided, or which process should go first Set conditions under which proceedings continue Stay proceedings which would be effectively determined by another proceeding

Key Legislative Change – Marshalling Ensure efficiency – eliminate duplicative proceedings Ensure unions have sufficient instructions, and DFR/human rights issues addressed, where rights of member in other venues are to be addressed in arbitration Ensure member understands effect on rights

ALRB Processes – Marshalling Application immediately assigned to Chair/vice-chair Will pick appropriate mechanism for expeditious hearing Often will be an informal resolution conference style hearing

Marshalling thoughts Important to provide all info re: proceedings, commonalities, what is proposed, and how that proposal would impact the member’s rights How to deal with human rights issues Note: the Board’s order is not strictly binding upon the AHRC Director’s decision whether to dismiss

Questions?