Disputing an OLRB Decision – Reconsideration by the OLRB
There is no appeal from a decision of the Ontario Labour Relations Board (OLRB). However, the OLRB can be asked to reconsider a decision, if a party to that decision has a proper basis for requesting the reconsideration. The OLRB will reconsider a decision only if there is new evidence that was not available to the parties at the time of the original hearing, and the new evidence could substantially influence the final decision. The OLRB may also reconsider a decision if the Board clearly made an error that affected the result, or if the reconsideration request raises important policy issues that were not given proper consideration in the original hearing. A request for reconsideration must be filed within twenty days of the decision being challenged.
Disputing an OLRB Decision – Judicial Review by the Courts
The only other way to challenge an OLRB decision is an application for judicial review. Applications for judicial review are proceedings before an Ontario Court. These are not appeals, and there will be no calling of witnesses or giving new evidence. The Court will review the OLRB decision and determine if that decision was reasonable. The Court may accept a decision as reasonable, even if the Judges of the Court disagree with it. Only if the Court finds the decision to be unreasonable will the OLRB will be ordered to conduct a new hearing.
Courts have criticized a party for seeking judicial review without first seeking a reconsideration of the decision from the OLRB.