Form LRB 33 – Application for Review of Arbitration

Jurisdiction: Country: Canada | Province or State: Alberta

What is Form LRB 33 – Application for Review of Arbitration?

This form is an application to the Alberta Labour Relations Board to review an arbitration award. You use it after a grievance arbitration under a collective agreement has ended with a written award. The form asks the Board to examine the award on limited legal grounds. It is not a second hearing on the facts. It does not reopen the grievance.

You use this form when you believe the arbitrator exceeded authority or made a clear legal error. You can also use it if the process was unfair in a serious way. The Board’s review power is narrow. The Board respects the finality of arbitration. It will only intervene when specific legal issues exist. The form allows you to explain those issues and request a remedy.

Who Typically Uses This Form?

Unions and employers are the main users. They are the parties to the arbitration and the collective agreement. Counsel often completes the form on their behalf. An individual employee may use it in limited cases. That happens when the person was a named party or has direct standing under the collective agreement. If you are an employee, you should confirm your standing before filing. Many employee matters must proceed through the union.

Why Would You Need This Form?

You use it to protect the integrity of the arbitration process. You seek review if the award steps outside the arbitrator’s mandate or conflicts with the law. You also use it if the arbitrator denied a fair hearing in a material way. The Board can set aside the award or send it back to a new arbitrator. The Board can also vary parts of the award in narrow cases. Your goal is to correct a legal flaw, not to re-argue evidence.

Typical Usage Scenarios

You may apply if the arbitrator interpreted the collective agreement on an issue that was not before them. You may apply if the arbitrator refused to hear key evidence and that refusal affected the result. You may apply if the award contradicts a clear statutory requirement. You may apply if the arbitrator decided a grievance that was not arbitrable under the agreement. You may also apply if the arbitrator awarded a remedy the agreement or law does not allow.

For example, an employer might seek review if an arbitrator awarded punitive damages not permitted under the agreement. A union might seek review if an arbitrator ignored a mandatory safety statute when deciding discipline. Either party might seek review if the arbitrator relied on a ground never argued and gave no chance to respond. In each case, the form is the gateway to Board review.

When Would You Use a Form LRB 33 – Application for Review of Arbitration?

You use this form only after you receive a final written arbitration award. The award must arise from a grievance under a collective agreement in Alberta. If you disagree with factual findings, this is not the right tool. The Board will not re-weigh evidence or substitute its view of the facts. You need specific legal grounds tied to jurisdiction, law, or fairness.

You use it when the arbitrator decided an issue beyond the grievance or beyond the agreement. For example, the arbitrator may have interpreted a policy that no party put in issue. You use it when the process fell short of basic fairness. For example, the arbitrator refused an adjournment but also refused to accept key evidence. You use it when the award conflicts with the Labour Relations Code or another statute. For example, the award imposes a condition that a statute forbids.

Typical users include unions, employers, and their counsel. A union might file if a discharge case turned on a legal test that the arbitrator misapplied on the face of the award. An employer might file if the arbitrator ordered an open-ended remedy with no basis in the agreement. An individual employee might file only if they were a party with standing. Most employees must act through their union.

You also use this form when you need an urgent stay of the award. For example, an employer may seek a stay of reinstatement pending review. A union may seek a stay of a monetary set-off that could cause hardship. The form lets you ask for interim relief at the same time as the review.

You do not use this form to file a grievance or appoint an arbitrator. You do not use it to bring an unfair labour practice complaint. You do not use it to review a Labour Relations Board decision. Each of those issues has its own process and forms. You also do not use it to enforce an award. Enforcement follows a different path.

Legal Characteristics of the Form LRB 33 – Application for Review of Arbitration

The form itself is a procedural document. It is not a contract and does not bind the merits of your dispute. It starts a legal proceeding before the Board. The Board’s jurisdiction to review arbitration awards comes from the Labour Relations Code. That authority is limited and focused on the legality of the award and the fairness of the process.

The application is legally significant because it preserves your right to seek review. You must file within the time limit set by law or Board rules. The time limit is short. Count from the date the award was issued or served. If you file late, you may lose the right to review. The Board rarely extends time without strong reasons.

Enforceability turns on proper process. You must use the correct form. You must complete it fully and clearly. You must attach the arbitration award and the collective agreement. You must serve the other party and prove service. The Board may decline to process incomplete or improperly served applications. Proper filing and service trigger the Board’s powers to direct next steps.

The burden is on you to show valid grounds for review. The Board does not rehear witnesses. It focuses on the record before the arbitrator. It looks at whether the arbitrator stayed within jurisdiction. It checks for errors of law on the face of the award. It checks whether the process met basic fairness. It also considers whether the remedy granted is authorized.

If you seek an interim stay, you must justify it. The Board weighs the strength of your grounds and the balance of harm. The Board can stay all or part of the award while the review proceeds. Without a stay, the award remains in effect. You should assume you must comply unless the Board orders otherwise.

The Board’s final decision is binding. It can set aside, vary, or remit the award to an arbitrator. It can give directions for a new hearing. The Board’s orders are enforceable. Parties must comply. Non-compliance can lead to enforcement steps in court.

Confidentiality can arise. Arbitration records may contain sensitive information. You can ask the Board to protect confidential material. You must explain why protection is needed and propose practical measures. The Board balances transparency with privacy and labour relations interests.

How to Fill out a Form LRB 33 – Application for Review of Arbitration

Follow these steps to complete the form accurately and on time. Gather your documents before you start. Read every field and provide clear answers. Use plain language. Avoid argument in fields meant for facts. Save your detailed arguments for the grounds section and any attached brief.

1) Identify the proceeding and the parties

• Enter the full name of the applicant. Use the legal name of the union or employer. If you are an individual with standing, use your full legal name.
• Enter the respondent’s full legal name. If you are a union, the respondent is usually the employer. If you are an employer, the respondent is the union.
• Provide contact information for each party. Include mailing address, email, and phone. Use a contact that can receive Board communications during business hours.
• If you have a representative, provide their details. Include lawyer or agent’s name, firm, email, phone, and address. Indicate if service should go to the representative.

2) Describe the collective agreement and bargaining relationship

• Identify the collective agreement that governed the grievance. State the agreement’s effective dates. Attach a full copy of the agreement, including schedules.
• Describe the bargaining unit in simple terms. For example, “All production employees at the Calgary plant.”
• Confirm that both parties were bound by the agreement when the grievance arose.

3) Provide arbitration details

• Name the arbitrator or arbitration board. Include all members if it was a panel.
• State the arbitration file number, if any. Provide case management references the parties used.
• Provide key dates. Include the hearing dates and the date of the award. If there were interim awards, list those dates as well.
• Identify the grievance. Provide the grievance number and a brief description. For example, “Discharge grievance for Jane Doe dated March 3.”

4) Attach the arbitration award and core record

• Attach a complete copy of the final award. Include reasons and any appendices.
• If you refer to interim awards, attach those too.
• Attach the relevant parts of the hearing record if requested in the form. This may include the grievance, key exhibits, and agreed statements. Do not attach bulky materials unless relevant to your grounds.
• Attach the collective agreement in full. Mark the clauses at issue for easy reference.

5) State the grounds for review

• This is the most important section. Explain why the Board should review the award. Focus on recognized grounds. For example, jurisdictional overreach, an error of law on the face of the award, or a failure of fairness.
• Be precise. Cite the sections of the award where the error appears. Cite the collective agreement clauses. Identify the statute or legal rule the award conflicts with. Keep sentences tight and factual.
• Avoid re-arguing the evidence. Do not contest credibility findings. The Board will not revisit those issues.
• Explain how the error affected the outcome. Show the material impact on the result or remedy.

Example: “The arbitrator decided the timeliness objection despite both parties agreeing to defer it to a separate hearing. This exceeded jurisdiction. See Award, paras. 12–18. The decision dismissed the grievance solely on timeliness. See Award, para. 45.”

6) Set out the remedy you seek

• Tell the Board what you want it to do. You can ask it to set aside the award. You can ask it to refer the grievance to a new arbitrator. You can ask it to vary a specific part of the award within the Board’s powers.
• Be clear and practical. If you ask for a referral back, suggest directions that will help a focused rehearing. For example, “Refer to a new arbitrator with directions to decide arbitrability only.”

7) Request an interim stay, if needed

• If the award requires immediate action, ask for a stay. Explain why a stay is necessary. Identify the parts of the award you want stayed. For example, reinstatement or payment terms.
• Address urgency. Provide dates and show the harm if no stay is granted. Offer undertakings if appropriate, such as preserving funds.

8) Confirm timeliness and jurisdiction

• State the date you received the award. Calculate the filing deadline. Confirm you are filing within the required time.
• Confirm the arbitration occurred in Alberta and under an Alberta collective agreement. This helps establish the Board’s jurisdiction.

9) List witnesses or affiants for procedural issues

• If you allege a fairness problem, explain how you will prove it. Identify who can speak to the issue. This could be counsel who was present or a party representative. Keep it brief. The Board will give directions on evidence if needed.

10) Provide scheduling and availability

• Indicate your availability for a case management meeting. Provide blackout dates. Offer dates for a stay motion if you requested one.
• Confirm if you prefer a virtual or in-person hearing, if the form asks.

11) Address confidentiality

• If the record contains sensitive information, request protection. Identify the material and why it needs protection. Propose measures such as redactions, sealed exhibits, or anonymized names.

12) Complete the service information

• List the respondents and any intervenors served. Include names, emails, and service dates.
• State how you served the documents. For example, email with confirmation, courier, or personal service. Attach a proof of service if the form requires it.

13) Sign and date the application

• The applicant or authorized representative must sign. Print your name and title. Add the date and place of signing.
• Confirm the truth and completeness of your statements. The form may contain a declaration. Read it and ensure accuracy before signing.

14) Prepare and attach your supporting brief

• Many applicants prepare a short brief with authorities. Keep it focused. Tie each legal point to the text of the award or agreement.
• Do not overload the Board with unnecessary materials. Quality beats quantity. Use headings and pinpoint references so the Board can follow your argument.

15) File the application with the Board

• Submit the form and attachments to the Board’s office. Use the Board’s accepted filing methods. Ensure the file is complete and legible. Use searchable PDFs where possible.
• Keep proof of filing and delivery. Log dates. Keep a complete set of what you sent.

16) After filing: next steps

• Watch for a case officer’s instructions. Respond promptly. Be ready to attend a case management meeting on short notice.
• Prepare for a stay motion if you asked for one. Focus on urgency and the strength of your grounds.
• Begin planning for the merits of the review. Refine your argument to the core legal issues. Coordinate with witnesses only if the Board permits limited evidence.

Practical tips for a strong application

• Anchor every ground to a page and paragraph of the award. This keeps the Board focused on the face of the decision.
• Separate procedural fairness concerns from legal interpretation concerns. Each follows a different analysis.
• If you challenge a remedy, show how the agreement or law limits the arbitrator’s remedial powers. Quote the exact clause.
• If the other party will suffer from a stay, propose safeguards. For example, hold sums in trust or expedited timelines.
• Keep your tone professional and precise. Avoid rhetoric. The Board appreciates clarity and brevity grounded in facts.

Common pitfalls to avoid

• Filing late. Calculate the deadline immediately upon receiving the award. Do not wait.
• Re-arguing facts. The Board will not weigh credibility again. Focus on law and fairness.
• Incomplete attachments. Missing the award or collective agreement can stall your file.
• Weak service proof. Keep email receipts, courier confirmations, or affidavits of service.
• Overbroad confidentiality claims. Tailor your request and justify each item.

By using the Form LRB 33 Application for Review of Arbitration, you ask the Board to safeguard the arbitration process. You target clear legal flaws. You respect the finality of arbitration while ensuring it stays within legal bounds. Complete the form carefully, file on time, and support your request with precise, focused grounds.

Legal Terms You Might Encounter

Arbitration is a binding process used to resolve grievances under a collective agreement. An arbitrator (or arbitration board) hears the case and issues a decision. This form asks the Board to review limited aspects of that decision, not to re-argue the grievance.

Arbitration award is the written decision from the arbitrator. It includes the reasons and the outcome. You should attach a complete copy to your application. The Board needs it to understand what was decided and why.

Jurisdiction means the legal authority to decide a dispute. On this form, you may claim the arbitrator had no jurisdiction to decide the grievance, or exceeded the authority the collective agreement gave them. You should explain exactly how the arbitrator went beyond their power.

Arbitrability is about whether a dispute can be decided by arbitration under the collective agreement. If you say a matter was not arbitrable, point to the parts of the agreement that exclude or limit arbitration for that issue.

Procedural fairness (natural justice) is the basic right to a fair process. It includes proper notice, a chance to be heard, and an unbiased decision-maker. If you rely on this ground, explain what process was missing and how it affected the outcome.

Record of the arbitration is what the arbitrator had before them. It includes pleadings, exhibits, witness lists, procedural orders, and the award. The Board usually looks at that record when deciding review issues. On the form, list and attach the material you want the Board to consider.

Grounds for review are the specific reasons the Board should intervene. Common grounds include lack of jurisdiction, breach of procedural fairness, or the arbitrator deciding something the collective agreement did not allow. Be clear and specific. Tie each ground to a fact and a document.

Remedy is what you want the Board to do. Examples include setting aside part of the award, sending the matter back to a new arbitrator, or declaring the issue not arbitrable. State your remedy request on the form so the Board knows exactly what you are seeking.

Standing is your legal ability to bring the application. You usually need to be affected by the award, such as the union, the employer, or in some cases the individual grievor. Use the form to identify your role in the arbitration and how you are affected.

Service means delivering your filed application and supporting material to every other party. The form will ask you to list who you served and how. Keep proof of service. The Board may not proceed if service is incomplete.

A stay is a request to pause the effect of an arbitration award while the review proceeds. Filing this form does not pause enforcement. If you are seeking a stay, say so clearly and explain why it is necessary.

FAQs

Do you have to be a party to the arbitration to file this application?

Yes, you typically must have been a party to the grievance arbitration or be directly affected by the award. That usually means the union, the employer, or, in some cases, the grievor with the union’s position in mind. Use the form to identify your role and the case details. If you did not participate in the arbitration, explain how the award still affects your rights or obligations. The Board may ask for more information about your standing before accepting the application.

Do you need to attach the arbitration award and the collective agreement?

Yes. Attach the full award, including reasons and any dissent. Also attach the relevant parts of the collective agreement, especially the grievance and arbitration provisions. If your ground relates to jurisdiction or arbitrability, the Board needs the exact contract language you rely on. Include any procedural orders or correspondence that show a fairness issue. Label attachments clearly so the Board and the other parties can follow your argument.

Is there a deadline to apply for review, and when does it start?

There are strict timelines. They often run from the date you received the award. Do not assume timelines start when you first read the reasons or when internal approvals finish. If you are close to a deadline, file as soon as possible and note any request for an extension in your covering materials. Late applications may be dismissed without a hearing. Build in time to gather exhibits and organize service on the other parties.

Will the Board re-hear the grievance or re-weigh evidence?

Generally, no. The Board focuses on whether the arbitrator had jurisdiction, followed a fair process, or stayed within the authority set by the collective agreement and the Code. It does not substitute its own view of the facts just because you disagree with the outcome. Tailor your application to those review issues. Point to specific passages in the award and the agreement that support your grounds, rather than relitigating credibility or factual findings.

Can you raise new evidence that was not before the arbitrator?

Only in limited situations. Review usually proceeds on the arbitration record. New evidence may be considered if it shows a fairness problem or a jurisdictional fact that could not reasonably have been put before the arbitrator. If you rely on new material, explain why it was unavailable earlier and why it matters to your grounds. Attach the new evidence and identify it as such in your list of exhibits.

Does filing this form stop the award from being enforced?

No. Filing does not create an automatic stay. If you want the award paused, request a stay in your application. Explain the harm you will face if the award takes effect and why a stay would not unfairly harm the other side. Be ready to propose conditions, such as holding funds in trust, if that would address concerns. The Board may decide a stay request quickly, sometimes on written submissions.

Do you need a lawyer or representative to file?

You can file on your own, but representation can help. Review issues can be technical, and deadlines are tight. If you proceed without a representative, keep your grounds focused, attach the full record you rely on, and use plain facts to explain what went wrong. If you work with a representative, include their contact information on the form so the Board directs communications to the right person.

What happens after you file and serve the application?

The Board screens the filing for completeness and service. It will then set a timetable for responses and reply. In some cases, the Board decides on written submissions. In others, it schedules a case management meeting or a hearing. You must meet all set dates and update the Board on any settlement discussions. If you need to amend your application, ask the Board in writing, explain the change, and provide an updated version to all parties.

Checklist: Before, During, and After

Before you sign

• Confirm you have standing to apply and identify each respondent.
• Calendar the filing deadline based on the date you received the award.
• Gather the full arbitration award, reasons, and any dissent.
• Collect the collective agreement and relevant policies or letters of understanding.
• Assemble the arbitration record you rely on (pleadings, exhibits, procedural orders).
• Draft clear grounds tied to specific documents and facts.
• Decide on the remedy you want (set aside, remit, declaration, stay).
• Consider whether you will request a stay and prepare supporting reasons.
• Verify contact details for service on the union, employer, and any counsel.
• Check if a declaration or affidavit is required and prepare it.

During signing and final review

• Use the correct case names, file numbers, and dates from the award.
• State each ground for review plainly and link it to an exhibit.
• Describe the remedy requested in precise terms.
• Confirm all attachments are complete, legible, and labeled.
• Mark any confidential information and provide a public/redacted version if needed.
• Sign and date where required by the form.
• Add your representative’s details if someone will act for you.

After signing

• File the application with the Board using the required submission method.
• Serve complete copies on all parties and keep proof of service.
• Note any stay request and be ready to file urgent submissions if asked.
• Calendar deadlines for responses, replies, and any case management dates.
• Watch for the Board’s acknowledgment and any directions.
• Prepare an indexed brief of your exhibits for easy reference at a hearing.
• Store originals and maintain a secure, organized file.

Common Mistakes to Avoid

Don’t miss the deadline. Late filings risk summary dismissal. If you are near the cutoff, file a concise application and indicate more exhibits will follow, then meet any timelines the Board sets.

Don’t file without the award or the relevant contract language. Missing core documents slows the process and can undermine your grounds. Attach the full award and the parts of the collective agreement you rely on.

Don’t rely on broad complaints. Vague statements like “the arbitrator was wrong” are not review grounds. Tie each ground to a specific error in jurisdiction or fairness, and cite the page or clause that shows it.

Don’t assume filing stops enforcement. An award can be acted on while review is pending. If you need a pause, request a stay and explain the harm and balance of convenience.

Don’t forget to serve every party. Incomplete service can delay or derail your application. Use accurate addresses and keep proof of service for the Board.

What to Do After Filling out the Form

• File the application with the Board and obtain confirmation of receipt. Include all attachments and your list of exhibits. If you are seeking a stay, highlight that in your covering communication so it can be scheduled promptly.
• Serve complete copies on all required parties the same day you file, or as the form and Board directions require. Use a reliable method and keep proof of service. If someone is represented, serve their representative.
• Track the response timetable. The Board will set dates for the other parties to respond and for your reply. Plan your reply early. Focus on answering the response, not repeating your application.
• Prepare for case management. The Board may schedule a call or meeting to set issues, timelines, and hearing format. Be ready with your availability, a concise issue list, and any preliminary objections.
• Organize your record. Create a clear index of exhibits with page numbers. Flag the key clauses from the collective agreement and the award passages that support each ground. This makes hearings and written submissions more efficient.
• Consider settlement or narrowing issues. If discussions lead to agreement or a narrowed dispute, update the Board in writing. File any consent orders or notices as directed.
• Amendments, if needed. If new information requires a change to your grounds or remedy, request leave to amend. File a clean, updated application and a version showing changes. Serve both on all parties.
• Follow every direction from the Board. Meet deadlines, attend scheduled events, and submit materials in the required format. If you need more time for a valid reason, ask early and explain why.
• Keep your file in order. Store signed originals, proof of service, and every communication. Use a simple naming convention for documents and a shared folder if a team is involved.