Legal News

Labour Relations Board Applies Strict Limit on Filing Application for Award Review
August 31, 2000

The BC Labour Relations Board has applied very strictly the time limits on filing an application for review of an arbitration award. in Board of School Trustees of School District No. 36 (Surrey), BCLRB No. B296/2000, CUPE, Local 728 delivered its application to the board after 4:00 p.m. on the last day for filing. Pursuant to the Labour Relations Board Rules and the Board’s April 28 1998 Notice to the Labour Relations Community Re: Hours of Operation for Filing of Applications and Documents, the union’s application was treated as being received the next day and therefore one day late. The union had not contacted the Board prior to the expiry of the filing period to request an extension. The Board confirmed that unless a prior extension has been given, all late applications will be refused unless compelling reasons are given. The stated reason for the union’s delay was that its counsel did not know the board’s filing hours. The board held that this was not a compelling reason to grant an extension and noted that the union’s counsel was an experienced labour lawyer. The application was dismissed on the basis that it was filed outside the time limit prescribed by Rule 28. The employer was represented by Harris & Company counsel.

(Click here for copy of Decision)