P.E.S.R.A. Regulations and Rules of Procedure (SOR/86-1140)

29. An application, reply, intervention, intervener’s application, statement of opposition or notice may be amended with leave of the Board on such terms and conditions as the Board considers advisable.

30. Where an applicant, or an intervener that files an intervener’s application, is a council of employee organizations, the council shall file with the Executive Director at the time the application or intervener’s application is filed the documents on which the council intends to rely to satisfy the Board that each of the employee organizations that is a constituent member of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.

31. Where an application or intervener’s application is filed, the Board may require the employer to file, in such form and manner and within such time as the Board considers advisable,

• (a) lists of

  • (i) employees, and

  • (ii) employees whose duties include the supervision of other employees; and

• (b) specimen signatures of employees.

• 32. (1) Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom no employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons, if any, whom the employer claims should be excluded from the proposed bargaining unit because the employer considers them to be persons employed in a managerial or confidential capacity.

• (2) The Executive Director shall serve a copy of a list filed pursuant to subsection (1) on the applicant and the intervener, if any.

33. Within 10 days, or such other period of time as the Board may determine pursuant to section 9, after the Executive Director has served on an applicant or an intervener applying for certification a copy of a list filed by an employer pursuant to subsection 32(1), the applicant or the intervener shall file with the Executive Director a statement showing, in respect of each person whose name appears on the list, whether the applicant or the intervener agrees with the claims of the employer.

34. Where an application or intervener’s application is filed with respect to a proposed bargaining unit which consists in whole or in part of employees for whom an employee organization is certified as the bargaining agent, the Board may require the employer to file a list of the persons who have been excluded from the proposed bargaining unit by reason of their being designated by the employer or by the Board to be persons employed in a managerial or confidential capacity.

35. A list required pursuant to subsection 32(1) or section 34 shall be filed in such form and manner and within such time as the Board considers advisable.