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Time Bars : NS Labour and Advanced Education, Labour Relations Board


Normally the Board directs a three-month time bar but has occasionally placed longer bar depending on the offence. Time Bars are used by the Board for cooling-off periods and are designated periods whereby the same applicant cannot refile on a dismissed application. The following represents Board Policy on Time Bars:

  • The imposition of a time bar on any re-application for certification will depend on the stage of processing and the outcome of the vote count. Accordingly:
    • (a)  If an application for certification is submitted to the Labour Relations Board but is withdrawn before the application is processed or delivered, the Board will not impose a time bar.
    • (b)  If an application is received, processed and delivered to the employer and subsequently withdrawn by the applicant, a time bar (normally three months) will be applied.
    • (c)  On dismissal of an application either by way of the applicant not having the required 40% for a vote count or the ballot having been counted and the applicant losing, the Board will apply a time bar.

The time bar of three months (normally) will be applicable but the parties will be given the opportunity to return to the Labour Relations Board and argue why a time bar of certain duration should not be imposed. Unusual circumstances may warrant either lifting of a bar or that one not be imposed from the issuance of a dismissal order.

Time bars are specific to application for certification.