The purpose of this Information Bulletin
is to provide general information and guidance about reconsideration of Board decisions.It is not a legal document and is subject to the
provisions of the Labour Relations Code, the
Labour Relations Regulation and the Labour Relations Board Rules.
References (Code, Regulation, Rules)
Section 141, LRB Rule 29
Any party affected by a decision of the
Labour Relations Board can apply to have the Board grant leave for the party to apply for
reconsideration of the decision.
There is no absolute right to
reconsideration under the Code. A party seeking leave must satisfy the Board that it
should exercise its discretion under Section 141 to grant leave for reconsideration. A
reconsideration is not a full appeal of the merits of an original decision.
The Board will not grant leave unless the
applicant demonstrates "a good arguable case" that it will succeed on one of the
established grounds for reconsideration.This
standard requires more than a prima facie case.There must be a "serious question raised as
to the correctness of the original decision".
When a party requests leave to apply for
reconsideration, the written application should fully set out submissions with respect to both the leave request and the merits of
Even where the test for leave has been
met, the Board retains the discretion to deny leave, based on other relevant factors.These may include the importance of the original
decision to the parties and to the labour relations community, any prejudice which may be
occasioned to the respondent, and the practical utility of the reconsideration (e.g.
whether the matter is academic).
Leave will rarely be granted where a
party seeks to reconsider a procedural, evidentiary or other "interlocutory"
determination by an original panel.
As a general rule, the Board will require
as a pre-condition to granting leave, that the applicant comply with the original
decision.Where a party feels there are good
reasons why it should not have to comply with the original decision, it must seek and
obtain a stay of proceedings within the 15 day time limit (see Stay of Proceedings,
Information Bulletin No. 25).
The established grounds for
·new evidence has
become available which could not have been obtained earlier through reasonable diligence,
and there is a strong possibility that the new evidence will have a determining effect on
the original decision,
·the original decision
is inconsistent with the principles of the Labour
Relations Code or any other statute dealing with labour relations, or
·the panel which made
the original decision acted contrary to principles of procedural fairness and natural
An application for leave to reconsider
must be made within 15 calendar days of the publication of the reasons for the decision
that is the subject of the application.For
more information, see the section on "Extensions" in either Information Bulletin
No. 25 "Procedural Matters", or Practice Guideline No. ADJ-1 "Processing of
Applications - General".
If an application for leave to reconsider
is made, another party affected by the decision may also apply for leave within the longer
·the 15 day period
referred to above, or
·5 days of receiving
the initial leave application.
of Time Limits
The 15-day time limit runs from the
publication date of reasons for the decision.Any
extension should be requested before expiry of the 15 days.Short extensions of 3 working days will usually be given by the Registry without
consultation with the other parties. A party requesting a longer extension should first
seek agreement from the other parties before contacting the Board.An applicant seeking an extension after expiry of
the 15 days must, in addition to its submissions on the extension, include its full
submissions on the leave request and the merits of the reconsideration application. An
applicant granted an extension should confirm the extension in writing to the Board, with
copies to the parties.For more information,
see the section on "Extensions" in either Information Bulletin No. 25
"Procedural Matters", or Practice Guideline No. ADJ-1 "Processing of
Applications - General".
Upon receipt, a leave application is
reviewed for timeliness and sufficient particulars.The file is then assigned to a panel to determine whether the test for leave has
been satisfied. No submissions are requested from the other parties at this stage.In some cases, leave will be denied based on the
application.If leave is not denied at this
stage, submissions are requested from the other parties and a formal hearing may be
scheduled.Leave and reconsideration
applications may be adjudicated withoutan
The Board will not grant leave for reconsideration where the
applicant simply disagrees with the original panel's findings of fact, or where the
applicant is advancing arguments which were made to the original panel and do not disclose
a reviewable error. Nor will leave be granted based on arguments which could have been
made to the original panel.
Where an application for leave or a reply
to it depends on material facts which are not evident on the face of the Board's original
decision, a statement of those facts verified by statutory declaration must accompany the
application or reply (see Rule 29 (2)).
Only one request for leave to apply for
reconsideration is allowed to each party for each decision.There is no provision for reconsideration of a decision to either grant or deny
leave to apply for reconsideration.
On reconsideration under Section 141 the
Board may vary or cancel the original decision, or it may remit the matter to the original
Board decisions since January 1, 2000 are
available without charge on the Internet atwww.lrb.bc.ca.
Board decisions can also be
Canada Law Book Inc.
240 Edward St.
Aurora, OntarioL4G 3S9
Telephone (toll free) 1-800-263-2037
LRB Staff provide general information and
assistance to the public, but they cannot act as your representative or advisor.For answers to specific concerns related to your
situation, you should consult a lawyer or an advisor experienced in labour relations.For general clarification, call the Board's
Information Officer at 660-1300.