Practice Direction on Intervention by a Bargaining Agent

The procedure outlined below provides general information only. It is not a rule within the meaning of the HRTO's Rules of Procedure.

Intervention by a Bargaining Agent

When a human rights dispute arises in a workplace where the applicant is represented by a union or association (the "bargaining agent") and relates to terms or conditions of the applicant's work, the applicant's bargaining agent is presumed to have an interest in the dispute and, therefore, the right to participate ("intervene") in the application.

Process to be Followed

Rule 11.14 provides that a bargaining agent may assert the right to intervene by completing and filing a Notice of Intervention by Bargaining Agent (Form 28). Form 28 requires that the bargaining agent provide information about the role it wants to play in the proceeding.

Following receipt of the completed Form 28 and Statement of Delivery (Form 23), the Registrar will confirm the bargaining agent's intervenor status by letter. The scope of the bargaining agent's participation will be determined by the adjudicator conducting the mediation or hearing.

Opposing Intervention

A party who opposes the bargaining agent's intervention must deliver to parties and file a Request for Order During Proceedings (Form 10) and provide reasons for this position.

Effective as of April 2014