Form LRB 31 – Declaration of Lockout Vote

Jurisdiction: Country: Canada | Province or State: Alberta

What is a Form LRB 31 – Declaration of Lockout Vote?

This form is the Alberta Labour Relations Board’s standard document for certifying the result of a lockout vote. In plain terms, it records and declares whether a valid majority supported authorizing a lockout in a particular bargaining relationship. You use it to have the Board formally confirm the outcome of a lockout authorization vote conducted under Alberta’s labour relations legislation. Without a Board declaration, a lockout is not legally authorized, even if ballots were cast.

Who Typically Uses This Form?

• Employers’ organizations that bargain on behalf of multiple employers and need authorization to initiate a lockout.
• Single employers engaged in collective bargaining who have conducted a lockout authorization vote as part of the statutory process.
• Legal counsel or labour relations consultants acting for an employer or employers’ organization.
• A designated returning officer or Board officer who supervised the vote and must certify the results.

Why Would You Need This Form?

You need a formal declaration that the lockout vote was conducted properly and that the ballots support a lockout. This declaration is the legal trigger you rely on to take the next steps in the bargaining process, which can include issuing any required lockout notice and timing operational plans. It also creates an official record that you can provide to the union and to your member employers. If questions arise later—about eligibility lists, turnout, ballot counts, or conduct during voting—the declaration is the starting point for the Board’s file and any objections process.

Typical Usage Scenarios

You are part of an employers’ organization in construction. Bargaining with the union has stalled after mediation, and your members want the option to lock out if talks fail. You hold a lockout vote, supervised by the Board. Once ballots are counted, you complete and submit the declaration form so the Board can certify the results. Only then can you plan any lockout-related steps within the legal timelines.

You are a single employer with a certified bargaining unit. After the statutory steps in bargaining, you decide to seek lockout authorization as leverage at the table. The Board supervises the vote. You use this form to document the final tally, identify the bargaining unit, and confirm that the vote met statutory requirements. The Board issues its declaration, which you then serve on the union and keep for your records.

You represent an employers’ association with members across Alberta. The vote occurs in multiple locations on the same day. You compile the counts, complete the declaration form with totals, list any spoiled ballots, and submit the package with the voters list and proof of service on the union. The Board reviews and signs the declaration. You rely on it to coordinate any notice period and inform your members.

When Would You Use a Form LRB 31 – Declaration of Lockout Vote?

You use this form immediately after a lockout authorization vote has been conducted under the Board’s supervision or oversight. The vote usually happens after you have progressed through the bargaining process, which may include formal bargaining, mediation, and any required cooling-off periods. The form documents the vote details and asks the Board to declare the result as valid and binding.

If you are an employers’ organization, you will almost always need a lockout authorization vote before you can lawfully lock out. This form captures the outcome of that vote. If you are a single employer, you may also require a lockout authorization vote depending on your bargaining context and strategy. In both cases, the Board’s declaration confirms the result in writing. You then use that declaration to meet statutory notice requirements and to inform the union and affected employees of your next steps.

Use this form when you need to:

• Confirm that a majority of eligible voters supported the lockout. The Board will not accept a lockout without a properly conducted secret ballot and a majority in favour.
• Create a clear record of the vote. You will include the number eligible to vote, the number who voted, votes for and against, and any spoiled or rejected ballots.
• Demonstrate compliance with the Board’s rules on notice of vote, voter eligibility, ballot secrecy, scrutineers, and counting procedures.
• Start the clock on any timing rules that depend on the Board’s declaration. Without the declaration, you risk acting outside the law.
• Address any objections or challenges. If the union raises issues about the conduct of the vote, the declaration anchors that discussion and gives the Board the facts it needs to assess the objection.

Practical examples:

• You have an impasse after months of bargaining and a mediator’s report. A lockout vote is run at three sites. You finalize the counts the same day, complete the declaration form, and file it with the Board to obtain the written result the next business day.
• Your employers’ organization replaces one member before the vote. You update the eligibility list, note the change in the declaration’s attachments, and file the form to prevent later disputes about who could vote.
• There was a complaint about campaigning in the voting area. You record the incident in the declaration’s notes section and attach a brief incident report. The Board considers this when deciding whether the vote stands.

Legal Characteristics of a Form LRB 31 – Declaration of Lockout Vote

This form leads to a legally binding declaration by the Board regarding the result of a lockout authorization vote. The declaration is authoritative because the Board has statutory jurisdiction over strike and lockout votes. The Board sets the rules, supervises voting, validates the process, and certifies the results. Once issued, the declaration is the official proof that a lockout vote was held and that the ballots produced a particular result.

What ensures enforceability?

• Proper jurisdiction. The bargaining unit must be within Alberta and under the Board’s authority.
• Procedural compliance. The vote must follow the Board’s procedures. That includes who can vote, how notice of the vote was given, ballot secrecy, scrutineers, and counting.
• Clear majority. A lockout requires a majority in favour among eligible voters who cast ballots. The declaration sets out the numbers so there is no ambiguity.
• Record integrity. The form requires you to identify the parties, bargaining unit, and vote details. The Board will only sign the declaration if the documentation is complete and consistent.
• Service on parties. The declaration is provided to all parties. That transparency supports the enforceability of any next steps, including notice of lockout.

Legal considerations to keep in mind:

The declaration is not a contract. It is an administrative determination of a vote result. It does not by itself authorize any particular conduct beyond the legal status it confirms. You still must comply with all other statutory requirements, including any compulsory waiting periods, notice rules, and limits on conduct during a labour dispute.

Accuracy matters. False or misleading information can lead to the Board setting aside the vote result. It can also result in other remedies. If someone challenges the vote, the Board can investigate, receive evidence, and order a new vote if needed.

Privacy applies. The form and attachments may contain personal information about voters. You should restrict access to those who need it for the vote and for the Board’s review. Use the information only for the purpose of administering and certifying the vote.

Time limits may apply to the validity of a vote. A lockout authorization may only remain valid for a defined period. If you do not act within that period, you may need a fresh vote. Check the current timelines before you rely on an older declaration.

Finally, the declaration travels with any enforcement or complaint process. If the union or an affected person alleges misconduct or coercion, the Board will rely on the record created by this form and your attachments.

How to Fill out a Form LRB 31 – Declaration of Lockout Vote

Approach the form in two stages: preparation and completion. You will save time and avoid rework if you gather the right information before you start typing.

Stage 1: Prepare your information and documents

1) Confirm you are in the right stage of bargaining.

• Ensure the bargaining process has reached the point where a lockout vote is permitted. If a mediator’s report or a cooling-off period applies, confirm those dates.

2) Identify the applicant and affected parties.

• If you are an employers’ organization, have your legal name and registered address. List member employers covered by the intended lockout.
• If you are a single employer, confirm your legal name, business address, and the location(s) where the bargaining unit works.
• Identify the union’s legal name and contact details.

3) Gather bargaining unit details.

• Certification number if available.
• The precise description of the bargaining unit as set out in the certification or the collective agreement.
• The last collective agreement expiry date, if applicable.

4) Compile vote logistics and results.

• Date(s) and time(s) of the vote.
• Voting location(s).
• Name of the returning officer and any scrutineers.
• Total number of eligible voters on the final list.
• Total ballots cast.
• Votes in favour.
• Votes against.
• Spoiled or rejected ballots.

5) Collect proof of process.

• Copy of the notice of vote provided to eligible voters.
• Final eligibility list used at the polls.
• Any correspondence with the union about the vote.
• Any incident notes taken during voting or counting.
• Authorization from your governing body to conduct the lockout vote, if you are an employers’ organization.

Stage 2: Complete the form section by section

Section A: Board file information

• Insert the Board file number if one exists for your bargaining relationship. If you do not have one, leave it blank or write “New.” This helps the Board link the declaration to the right file.

Section B: Applicant details

• Legal name of the employer or employers’ organization.
• Mailing address, phone number, and email.
• Name and title of the primary contact person who can answer questions about the vote.

Section C: Other party details

• Legal name of the union.
• Union contact person, mailing address, phone number, and email.

Section D: Bargaining unit identification

• Certification number, if available.
• Exact description of the bargaining unit. Copy it from the certification or the collective agreement to avoid disputes.
• Work locations covered.

Section E: Vote particulars

• Type of vote: Lockout authorization vote.
• Date(s) and location(s) of voting.
• Name of the returning officer.
• Whether the vote was supervised by the Board on-site, or monitored with Board oversight.

Section F: Results

• Number of eligible voters.
• Number of ballots cast.
• Number of votes in favour of authorizing a lockout.
• Number of votes against.
• Number of spoiled or rejected ballots.
• You should ensure the counts reconcile: ballots cast should equal votes for + votes against + spoiled/rejected.

Section G: Process confirmation

• Confirm that eligible voters received reasonable notice of the vote.
• Confirm that the ballot was secret and scrutineers were permitted.
• Confirm that any objections raised during voting were noted and are attached.
• Briefly describe any irregularities and why they did not affect the result, if applicable.

Section H: Attachments checklist

• Notice of vote.
• Final eligibility list.
• Any objections or incident reports.
• Authorization minutes or resolution (for an employers’ organization).
• Any supplementary schedules, such as a list of member employers included in the vote.

Section I: Declaration and signature

• The returning officer or the authorized applicant signs to declare the accuracy of the information and the count.
• Print name, title, and date of signature.
• Some versions of this form reserve a space for the Board officer’s signature and date. Do not sign in that space. The Board completes that part when it issues the official declaration.

Filing and service

• File the completed form with the Board promptly after the vote. Do not wait. Timely filing supports a quick declaration.
• Serve a copy on the union at the same time. Keep proof of service. If your vote involves multiple employers, serve member employers as well.
• Use the Board file number on every page and attachment.

After you file

• The Board reviews your form and attachments. If the package is complete and the process was proper, the Board signs and issues the declaration of the lockout vote result.
• Only after the Board declares the result can you rely on the vote to take further steps, including any required notice of lockout.
• Store the declaration and your attachments securely. You may need them if there is a challenge or if you must show compliance with timing rules.

Practical Tips to Avoid Delays

• Get the bargaining unit description right. Use the certified wording. Do not paraphrase.
• Reconcile the numbers. If the math does not add up, the Board will ask questions and your declaration will be delayed.
• Keep the eligibility list final and dated. If anyone was added or removed on voting day, note it and explain why.
• Maintain ballot secrecy. Never disclose how any individual voted. The declaration reports totals only.
• Record incidents as they happen. If someone raises a concern about the vote, make a contemporaneous note and attach it.
• Be consistent across documents. The employer name, union name, certification number, and unit description should match in all places.

Common Mistakes and How to Avoid Them

• Missing contact details. Provide a direct contact who can respond quickly to Board inquiries.
• Wrong or outdated union name. Verify the union’s full legal name.
• Incomplete attachments. Use the checklist and include every required document.
• Late filing. File immediately after counting. Faster filings result in faster declarations.
• Unclear scope. If your vote only covered part of an employers’ organization or a subset of worksites, say so clearly and attach a schedule listing the included members and locations.

If objections arise

• Note the objection in Section G and attach any written complaint.
• Do not alter the count unless directed by the Board. Report the facts and the numbers as they are.
• Be prepared to provide affidavits or witness statements if the Board investigates.

Remote or multi-site voting

• If you held voting at multiple locations or used mail-in or electronic components approved by the Board, provide a breakdown by site in an attachment. Then report the combined totals in Section F.
• Ensure chain-of-custody details for ballots are documented. Attach any relevant logs.

Understanding what the Board’s declaration means

• The declaration confirms the vote result. It does not compel you to lock out.
• You still must comply with any statutory notice period and other pre-conditions.
• The authorization may be time-limited. If you do not act within the allowed window, you may need a new vote.

By approaching the form with complete facts, clean numbers, and clear attachments, you set yourself up for a quick, clean declaration. That keeps your bargaining strategy on track and reduces the risk of procedural challenges.

Legal Terms You Might Encounter

Lockout means an employer stops work or closes the workplace to pressure the union in bargaining. This form records the vote result that can allow a lockout to proceed within legal timelines.

Lockout vote is the secret ballot where eligible voters decide whether to authorize a lockout. On this form, you confirm when and where the vote happened and how many voted.

Employers’ organization is a group of employers bargaining together. If such an organization seeks a lockout, it may be the applicant. If that is your role, name the organization accurately on the form.

Bargaining unit is the group of employees covered by the collective bargaining relationship. You must describe the unit clearly so the Board can confirm voter eligibility.

Returning officer is the person who runs the vote and oversees counting. This form often requires the returning officer to certify the results.

Scrutineer is a representative who observes voting and counting. You may need to list scrutineers present to confirm transparency in the process.

Eligible voters list is the final list of people entitled to vote. The numbers on this form (ballots issued and cast) must match that list.

Spoiled or rejected ballots are ballots not counted because they were marked improperly or not according to instructions. You must include them in the ballot accounting on this form.

Majority of ballots cast means more votes in favor than against among ballots actually counted. This form captures the tally that shows whether that majority exists.

Declaration is the official statement of the vote result. By signing the form, the presiding officer declares the numbers are true to the best of their knowledge.

Notice of lockout is the formal notice served before a lockout can start. This form does not serve as notice; it records the vote. You still must meet any notice steps.

Cooling-off period is the required waiting period after certain steps in bargaining before a lockout can begin. Filing this form does not waive that period.

Board file number is the reference number assigned to your matter. Always place it on the form so the Board can match it to the right case.

FAQs

Do you have to be the returning officer to sign the declaration?

Yes. The declaration typically needs the returning officer or the Board-designated official who conducted the vote. If the Board supervised the vote, the Board’s officer signs. If you conducted the vote under Board direction, your designated presiding officer signs. Don’t have a manager or union representative sign unless the Board authorized them as the presiding officer. If you are unsure who should sign, confirm who conducted the vote and who had custody of the ballots.

Do you need to attach the voter eligibility list?

You usually don’t file the full list with the declaration. You do, however, confirm the number of eligible voters. Keep the full list, sign-in sheets, and any challenge notes. The Board may request them if there is an objection. If you reference totals drawn from the list on the form, make sure the same totals appear in your internal records.

Do you include spoiled or rejected ballots in the totals?

Yes. You report ballots issued, ballots cast, ballots counted, and spoiled or rejected ballots. Spoiled ballots don’t count toward the “yes” or “no” tally, but you still disclose them. The numbers must reconcile. Ballots issued should equal ballots returned plus unused ballots plus spoiled ballots.

Do you need scrutineers present for the count?

Scrutineers are standard in Board-supervised votes. They increase confidence in the process. If scrutineers attended, record their names if the form provides space, or keep them in your records. If none attended, note that internally. Don’t delay declaring results because a scrutineer left early. The presiding officer remains responsible for the count.

Do you have to file the declaration the same day as the vote?

You should file promptly after the count, typically the next business day. The goal is to avoid uncertainty and keep bargaining timelines clear. If the vote occurred late in the day or over multiple locations, finalize reconciliation first. Don’t wait longer than necessary. If the Board gave you a specific deadline, follow it.

Do you need a majority of all eligible voters or of ballots cast?

The usual standard is a majority of ballots cast. That means more votes in favor than opposed among counted ballots. Abstentions don’t count as “no.” On the declaration, report raw numbers so the Board can confirm the outcome against the standard that applies.

Do you handle multiple voting locations or times on one declaration?

Yes. You can summarize totals across all polls on one declaration. If the form includes separate lines for each poll, complete them. If not, include one combined set of totals and keep detailed poll-by-poll breakdowns in your files. The combined totals must match the sum of your poll sheets.

Do you correct a math error after filing?

Yes. If you find a clerical error, contact the Board immediately. Prepare an amended declaration or a written correction, signed by the presiding officer. Provide the corrected figures and explain the mistake. Don’t issue any public statements or notices based on the error. Wait for the Board to confirm the corrected record.

Checklist: Before, During, and After

Before signing

• Board file number. Confirm the correct file number for the bargaining relationship.
• Parties’ names. Use the exact legal names of the employer and union or employers’ organization.
• Bargaining unit description. Match the wording used in the certification or current agreement.
• Vote details. Gather the date, time, and all polling locations.
• Eligible voters list. Verify the final list and any inclusions or exclusions.
• Ballots inventory. Record numbers for printed, used, unused, and spoiled ballots.
• Scrutineers. Note the names of scrutineers for each party, if any.
• Challenge record. Collect any challenges to voter eligibility and their disposition.
• Counting sheet. Prepare a tally sheet with separate lines for “yes,” “no,” and spoiled.
• Signatory authority. Confirm who will sign as the returning officer or presiding officer.
• Witness arrangements. If the form requires a witness or commissioner, schedule them.
• Contact details. Have phone and email for the Board contact handling your file.

During signing

• Cross-check totals. Ensure ballots issued = returned + unused + spoiled.
• Verify the tally. Confirm “yes,” “no,” and spoiled numbers add up to ballots counted.
• Confirm locations. Ensure all polling stations are listed or included in totals.
• Check dates and times. Ensure the vote date and the declaration date are correct.
• Confirm parties. Re-verify employer, union, and bargaining unit names.
• Review capacity. The signer’s title should match “Returning Officer” or similar role.
• Read the attestation. Make sure the declaration language matches the facts.
• Initial corrections. If you correct a figure on paper, initial and date the change.
• Include attachments if required. If the form requests annexes, attach them now.
• Legibility. Print clearly for names, numbers, and contact details.

After signing

• File with the Board. Submit through the accepted method for your file.
• Serve the parties. Provide a copy to the employer, union, and any employers’ organization.
• Keep originals secure. Retain the signed declaration and poll-by-poll breakdowns.
• Store voting materials. Secure ballots, seals, tally sheets, and eligibility lists.
• Record communications. Log when you filed and whom you served.
• Prepare for questions. Be ready to explain reconciliation and totals if asked.
• Monitor deadlines. Track any next-step timelines tied to the vote outcome.
• Plan notices. If the outcome supports a lockout, plan any required notices separately.
• Correct promptly. If you discover an error, notify the Board at once.
• Update stakeholders. Brief internal leadership with the final, filed results only.

Common Mistakes to Avoid

Don’t forget to reconcile your ballot numbers. If ballots issued don’t equal returned plus unused plus spoiled, the Board may question the integrity of the count. That can delay any next steps.

Don’t use the wrong bargaining unit description. A mismatch can raise eligibility challenges. Cross-check the unit wording with your certification or agreement before you sign.

Don’t let the wrong person sign. The declaration must come from the presiding officer. If an unauthorized person signs, the Board may reject the filing and require a new declaration.

Don’t file late without explanation. Delays create uncertainty and can invite objections. File promptly after the count and document any unavoidable delay.

Don’t serve only your own side. Failing to provide copies to the other party damages transparency. Serve all parties identified on the file, and record proof of service.

What to Do After Filling out the Form

• File the declaration with the Board. Use the submission channel the Board set for your file. Include the Board file number on every page. Keep a scanned copy of what you filed.
• Serve copies on the other party or parties. Deliver a complete copy to the union and the employer or employers’ organization, as applicable. Use a method you can verify, such as email with receipt or hand delivery with acknowledgment. Record the date, time, and recipient.
• Secure all voting materials. Seal and store ballots, unused ballots, envelopes, seals, poll books, eligibility lists, and tally sheets. Keep them accessible in case the Board asks for a review. Maintain custody logs if multiple people have access.
• Wait for Board confirmation or next instructions. The Board may acknowledge receipt or request clarification. Respond quickly if asked for supporting documents, such as poll-by-poll tallies or challenge notes.
• Plan your next bargaining steps based on the outcome. If a majority approved a lockout, you still must follow any additional legal steps before a lockout can occur. That may include a waiting period, notices to the other party, or other procedural requirements. Calendar those timelines now. Do not act on a lockout until all steps are complete.
• If the vote did not pass, reset your strategy. A failed vote means you cannot proceed to a lockout on the strength of this result. Consider further bargaining, mediation, or future lawful steps. Keep internal communications factual and aligned with the filed result.
• Manage communications carefully. Share results internally only after you file and serve the declaration. Use the exact figures from the signed form. Avoid commentary that could suggest coercion or misrepresent the process.
• Address errors or disputes promptly. If you discover a clerical mistake, contact the Board immediately and prepare a corrected declaration. If a party raises an objection, collect all materials and be ready to explain your reconciliation and eligibility decisions.
• Update your compliance checklist. Note any lessons learned about eligibility lists, poll logistics, or reconciliation. Use those insights to improve future vote readiness, if needed.
• Archive the file responsibly. After any objection periods close and the Board concludes the matter, archive records according to your retention policy. Protect personal information in eligibility lists and sign-in sheets.