Investigations

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: The parties themselves are responsible for presenting their case and providing the evidence and arguments that support their position. The Board does not gather evidence on behalf of the parties. Each party is responsible for: The Board's role is to provide a fair process and to decide the issues based on the information filed by the parties. 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. 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: SROs always remain neutral and cannot provide legal advice or recommend what a party should say in their representations. 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. SAs and IROs always remain neutral. They do not act for any party and do not provide legal advice. 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: 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. 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. In some cases, the Board may order a vote to determine whether a trade union has the level of employee