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Canada Industrial Relations Board


Information Holdings

Institution-Specific Classes of Records

Acquisition and Termination of Bargaining Rights
Description:
Case files concerning the acquisition by trade unions of the right to bargain collectively on behalf of employees in the federal jurisdiction, through certification as bargaining agent or by way of successor rights, and the termination of bargaining rights.
Document Types: Applications for certification; applications for declaration of single employer; applications for revocation of certification; applications for declaration of successor rights; applications for declaration of sale of business; applications for access to employer's premises for the purpose of soliciting union membership.
Access: Files are arranged by case number.
Record Number: CIR OPS 005

Change of Terms and Conditions of Employment
Description:
Applications by employers under federal jurisdiction for permission to alter the rates of pay, or any other terms or conditions of employment, or any rights or privileges of employees who are the subject of an application by a trade union to represent the employees in collective bargaining.
Document Types: Applications to change terms and conditions of employment
Access: Files are arranged by case number.
Record Number: CIR OPS 035

Collective Bargaining and Collective Agreements
Description:
Applications concerning the existence of disputed collective agreements or the identification of parties bound by a collective agreement; applications concerning the failure of an employer to comply with obligations under a collective agreement respecting any proposed technological change; applications for permission to give the employer notice to begin collective bargaining following a notice of technological change; references from the Minister of Labour directing the Board to inquire into disputes related to the settlement of first collective agreements, and to impose a first agreement on the parties if necessary; applications by a trade union or an employer with respect to the maintenance of activities required to protect the health and safety of the public in the event of a strike or lockout; referrals by the Minister of Labour concerning the application of or compliance with the maintenance of activities provisions; applications by individuals who, because of religious beliefs, object to joining a trade union or to paying regular union dues to a trade union (the Board may allow an exception for such individuals, directing the amount normally paid for regular union dues to a registered charity chosen by the employee and the union); applications by parties to a collective agreement to serve notice to bargain following the establishment of a portion of the public service as a Crown corporation and following certain determinations by the Board as to whether the agreement will remain in force, the expiration date if it does remain in force, whether the employees concerned constitute one or more units appropriate for collective bargaining, and which trade union shall be the bargaining agent for each unit.
Document Types: Applications fordetermination of the existence of a collective agreement; revision of terms of collective agreement; technological change; leave to serve notice to bargain concerning technological change; provision of first agreement; maintenance of activities to protect the health and safety of the public; religious objections; portion of the public service established as Crown corporation.
Access: Files are arranged by case number.
Record Number: CIR OPS 030

Complaints of Unfair Labour Practice
Description:
Complaints by persons or organizations that an employer, a trade union or a person has violated or failed to comply with provisions of the Canada Labour Code, Part I (Industrial Relations).
Document Types: Complaints related to failure to bargain in good faith, interference with the bargaining rights of a bargaining agent and changing of conditions of employment without the consent of the bargaining agent during the prescribed bargaining period; complaints alleging offences by employers such as interference with the formation or administration of a union or the representation of employees by a trade union, or discrimination against employees for union membership, union activity or the exercise of their rights under the Code; complaints alleging violations by trade unions such as trying to force an employer to bargain collectively in respect of employees for whom the union is not the bargaining agent, bargaining with an employer in respect of employees with the knowledge that another organization is the actual bargaining agent, interference in the formation or administration of an employers' organization, unauthorized soliciting of employees during their working hours at their place of employment, requiring the termination of an employee for loss of union membership unless that loss of membership is the result of failure to pay the required union fees, the application of membership rules or disciplinary procedures in a discriminatory manner, and discriminating against a person in matters related to employment or union membership because a person has exercised certain rights or fulfilled specified obligations under the Code; complaints alleging failure of a trade union to represent fairly all employees in the bargaining unit, or failure to establish rules for the referral of members to employment and apply the rules fairly, and alleging failure of a trade union to provide certified financial statements of its affairs to the end of its last fiscal year to any of its members free of charge.
Access: Files are arranged by case number.
Record Number: CIR OPS 010

Review and Enforcement of Orders
Description:
Applications to amend or rescind previous Board decisions or to reconsider previous decisions; requests to file Board orders in the federal court to give them the weight of an order of the court; or applications for the written consent of the Board to prosecute an offence under the Canada Labour Code.
Document Types: Application for review; filing of Board order in court; consent to prosecute.
Access: Files are arranged by case number.
Record Number: CIR OPS 025

Safety of Employees
Description:
Complaints by employees alleging that their employer has imposed a penalty on them because they refused to work in accordance with their rights under Part II of the Canada Labour Code (refusal to work because of a dangerous situation).
Document Types: Complaint alleging an employer has taken action against an employee for having exercised its rights under Part II of the Canada Labour Code.
Access: Files are arranged by case number.
Record Number: CIR OPS 020

Unlawful Work Stoppage
Description:
Applications by an employer (in the case of a strike) or by a trade union (in the case of a lockout) for a declaration that the work stoppage is unlawful.
Document Types: Applications concerning unlawful strikes; applications in cases of unlawful lockout.
Access: Files are arranged by case number.
Record Number: CIR OPS 015