Fact Sheets

Pre-hearing Conferences

In keeping with the goal of the Public Service Labour Relations Act (PSLRA) to modernize labour relations, eliminate inefficiencies and place greater emphasis on labour-management co-operation, the PSLRA expressly provides for the use of pre-hearing conferences. The PSLRA provides for the use of pre-hearing conferences both with respect to grievances which are referred to the Public Service Labour Relations Board (PSLRB) and which are to be heard by an adjudicator and with respect to all matters which are before the PSLRB proper ( ie. unfair labour practice complaints, applications for certification etc.). 

According to paragraph 40(1)(b) of the PSLRA, once a matter has been filed with the PSLRB, the PSLRB may order that a pre-hearing conference be held. This section of the PSLRA provides the PSLRB with the power to order pre-hearing procedures, including pre-hearing conferences, in relation to any matter before it. According to this same provision, these procedures are to be held in private, unlike hearings, which are normally open to the public.

The Chairperson of the Board also has the authority, granted in section 223(3) of the PSLRA, to direct the parties to attend a pre-hearing conference with respect to a grievance which has been referred to adjudication (as distinct from a matter referred before the PSLRB), in order to attempt to settle or simplify the issues in dispute.

While the power to order pre-hearing conferences has been granted to the Board or the Chairperson of the Board, the initial requests for such conferences often come from the parties.  

The objective of all pre-hearing conferences is simple: to reduce hearing time and the number of issues in dispute, to focus the parties on the issues that divide them and, finally, perhaps even to open avenues for mediation and settlement. The types of matters which can be discussed during a pre-hearing conference include (but are not limited to) the following:

• the number of hearing days that will be required;
• the witness list;
• an expert’s credentials;
• the jurisdiction of the Board or adjudicator;
• the order of proceedings;
• the need for particulars;
• the disclosure of documents;
• settlement possibilities; and
• a narrowing of the issues dividing the parties.

The PSLRA recognizes recent developments and trends in technology and provides for the use of technological advances, especially in the area of pre-hearing conferences. Paragraph 40(1)(c) of the PSLRA provides that pre-hearing conferences may be conducted using any means of telecommunication and the PSLRB is consequently equipped to offer clients pre-hearing conferences by means of teleconferencing.  

Paragraph 226(1)(b) also provides that an adjudicator may order that a hearing or pre-hearing conference take place by electronic means. These provisions will allow the parties to have access to a pre-hearing conference without necessarily having to incur additional travel expenses.  

Pre-hearing conferences may be presided over by any member of the PSLRB and need not be presided over by the adjudicator or Board member assigned to hear the case.

Paragraph 40(1)(b) of the PSLRA gives the PSLRB the power to fix the date, time and place of the pre-hearing conference.

In accordance with section 101 of the Public Service Labour Relations Board Regulations, the Executive Director is required to provide the parties and intervenors with notice of a pre-hearing conference at least three days in advance, unless the matter is urgent and such notice cannot be provided due to time constraints.