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Canada Industrial Relations Board Regulations, 2012

Version of section 42 from 2011-04-21 to 2012-12-17:

  •  (1) An application made by an employer for a declaration of an unlawful strike under section 91 of the Code must include

    • (a) the name, postal and email addresses and telephone and fax numbers of the applicant and of their counsel or representative, if applicable;

    • (b) the name, postal and email addresses and telephone and fax numbers of any trade union and, if applicable, any employee against whom an order is specifically sought, to be referred to as the respondents;

    • (c) a description of any existing bargaining units that may be affected by the application and the details of any certification order;

    • (d) a description of the general nature of the employer’s business;

    • (e) the address of the employer’s establishments affected by the application;

    • (f) full particulars of the facts, relevant dates and grounds for the application;

    • (g) a copy of supporting documents for the application;

    • (h) the date and description of any order or decision of the Board relating to the application;

    • (i) the effective date and expiry date of any collective agreements in force or expired covering the employees in the existing bargaining unit;

    • (j) the number of employees in the existing bargaining unit;

    • (k) an indication as to whether a hearing is being requested and, if so, the reasons for the request; and

    • (l) a description of the order or decision sought.

  • (2) Service on the bargaining agent or one of its officers of notice of an application referred to in subsection (1) or notice of a hearing in respect of the application constitutes service of the notice on the employees in the bargaining unit except those against whom an order is specifically sought in the application.

  • SOR/2011-109, s. 25
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