Delegation Resolution under The Saskatchewan Employment Act | LRB

Delegation of Board Powers under The Saskatchewan Employment Act

Board Resolution

BE IT RESOLVED THAT, pursuant to Section 6-95(3) and 6-98(2) of The Saskatchewan Employment Act, S.S. 2013 c. S-15.1, the Saskatchewan Labour Relations Board (hereinafter the “Board”) hereby delegates to the Chairperson of the Board, or in his or her absence, or if the Chairperson is unable to act, or in the case of a vacancy in the office of Chairperson, any Vice-Chairperson of the Board, (hereinafter collectively referred to as the “Chairperson”) the following powers and functions:

  1. With respect to any matter or application pending before the Board, including interim applications (hereinafter referred to as an “application”), to determine and to make orders as to any procedural matters or preliminary issues including, without limiting the generality of the foregoing:
    1. to grant leave to a party to amend an application, reply or other material filed with the Board;
    2. to require any party to provide particulars with respect to any matter set forth in an application, reply or other document filed with the Board;
    3. to require any party to produce documents or things that the Chairperson is satisfied is relevant to an application pending before the Board;
    4. to adjourn or postpone an application pending before the Board;
    5. to determine the time, date and place of any preliminary hearing or procedure, including a pre-hearing conference; and
    6. to determine the time, date and place of a hearing of an application, including interim applications, pending before the Board.
  2. To direct that a vote be taken by secret ballot of all employees eligible to vote pursuant to Part 6 of The Saskatchewan Employment Act and to provide direction as to the conduct of the said vote and any matters necessarily incidental thereto.
  3. With respect to any application pending before the Board, to appoint any person to act as an agent of the Board for the purpose of performing any function or duty which may be delegated to an agent of the Board pursuant to The Saskatchewan Employment Act including, without limiting the generality of the foregoing:
    1. to investigate any matter on behalf of the Board and, in doing so, to authorize such person(s) to enter any premises of an employer where work is being done or has been done by employees, or in which the employer carries on business, whether or not the premises are those of the employer, and to inspect and view any work, material, machinery, appliances, articles, records or documents and question any person;
    2. to conduct votes to be taken by secret ballots pursuant to Part 6 of The Saskatchewan Employment Act and, in doing so, to authorize such person(s) to determine the employees eligible to vote, to determine the time and place where the said vote shall be conducted, to determine the form of the ballot, and/or the procedures to be utilized in the event of dispute as to eligibility of employees to vote, and to oversee the conduct of the vote and perform the duties of a returning officer on behalf of the Board; and
    3. to conduct pre-hearing conferences with the parties to any application pending before the Board.

 BE IT FURTHER RESOLVED THAT, pursuant to subsection 6-97(2) of The Saskatchewan Employment Act, any employer, employee or union affected by any act done by the Chairperson in the exercise or purported exercise of any such delegated power or function, may apply to the Board to review, set aside, amend, stay or otherwise deal with the impugned act and the Board upon the application or, of its own motion, may exercise its powers or perform its functions with respect to the matter in issue as if the Chairperson had not done such act or made such decision.