130. The party wishing to appeal from a decision of a labour commissioner must apply for leave therefor from a judge designated to preside over the hearings of the Court, by motion served upon the other interested parties and filed in the office of the Court within ten days of the mailing, by registered or certified mail, of the decision of the labour commissioner, or of its service by a certification agent or another person. The appellant must also serve such motion upon the labour commissioner general. The latter must send the record of the investigation to the Court forthwith and, upon request, a copy to each party. The labour commissioner general shall send exclusively to the Court any exhibit or document which identifies the membership of an employee in an association and any list of members of the associations concerned which he has in his possession.
Such motion shall set out the reasons for which the appeal is applied for and shall be accompanied by a notice of the place, hour and date of its presentation, which shall not be later than the third day following the ten days’ delay specified in the first paragraph.
The judge shall render his decision upon such motion within the ensuing five days.
If the judge who has heard the motion becomes suddenly unable, by reason of an unforeseen occurrence, to render his decision within the prescribed delay of five days, the chief judge or, if he is unable to act, the judge appointed to replace him, shall designate another judge forthwith to hear immediately and to decide the motion within the same delay.
The decision of the judge to grant leave to appeal shall suspend the execution of the decision appealed from, unless the judge orders the provisional execution thereof in cases of exceptional urgency.
However, the order of reinstatement rendered under section 15 is executory notwithstanding the appeal.
R. S. 1964, c. 141, s. 107; 1969, c. 47, s. 38; 1969, c. 48, s. 33; 1977, c. 41, s. 55; 1983, c. 22, s. 91.