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

2. 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

3. 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

4. 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

5. 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

6. 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.

7. 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”

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

9. 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))

10. 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

11. 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.

12. 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”

13. 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

14. 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

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

16. 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

17. 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

18. 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

19. 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

20. Questions?