Practice Note 3 - Electronic Support Evidence | LRB

Practice Note 3 - Electronic Support Evidence

Background:

The filing of electronic support evidence is the subject of this practice note. Electronic support evidence may be filed on a certification application, an amendment application or a decertification application.

Sections 6-9 and 6-10 of The Saskatchewan Employment Act (“Act”) outline the requirements for an application for certification. The union is required to file evidence of employee support for the union as bargaining agent.

Section 6-17 of the Act outlines the requirements for an application to cancel a certification order for loss of support for the union. In support of an application, an applicant is required to file evidence of employee support for removing the union as bargaining agent. 

Filing Scanned Copies of Physical Originals:

An applicant may file scanned copies of physical originals by email with the Board Registrar. All of the support evidence copies for a single matter should be contained in a single PDF document.

An applicant must maintain possession of the originals. The Board Registrar or designate may investigate the support evidence, including requesting that the originals be filed with the Board.

Filing Electronically-Created Evidence of Employee Support:

The appropriateness of electronic support evidence will be assessed on a case-by-case basis. On receipt of electronic support evidence, the Board agent may investigate the evidence as appropriate. The applicant should be prepared to provide the audit trail for each piece of evidence and to describe the security and verification features used, if deemed necessary.

Confidentiality:

As always, the Board treats support evidence as strictly confidential information. An applicant does not, and should not, give copies of the support evidence to the other parties, or to any other person. The Board agent’s investigation is also confidential.

Reference Material:

Guidance for an applicant planning to file support evidence with the Board may also be found in various decisions of the Board, including:

United Steelworkers v JSN Motors Inc., 2022 CanLII 10925 (SK LRB).

Beaver Lumber Company and IWA, [1977] May Sask Labour Report 30; 1977 CarswellSask 399 (SK LRB).

UFCW, Local 1400 v Canadian Salt Company Limited, 2010 CanLII 65961 (SK LRB)

This practice note is intended to provide general guidance concerning the current policy of the Board with respect to electronic support evidence. It is not a legal document and should not be viewed as a ruling by the Board or an official interpretation of The Saskatchewan Employment Act. Specific inquiries should be directed to the Board Registrar. Applicants are also directed to the Act, Regulations and previous decisions of the Board, that may be found on its website.

DATED at Regina, Saskatchewan, May 25, 2022.