[1983] OLRB Rep. January 139
0502-82-R International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) Local 641, Applicant, v. Ottawa Truck Centre, a division of Kemptville Truck Centre Limited, Respondent.
BEFORE: M. G. Picher, Vice-Chairman, and Board Members J. W. Murray and B. L. Armstrong.
DECISION OF M. G. PICHER, VICE-CHAIRMAN AND BOARD MEMBER J. W. MURRAY; January 28, 1983
By letter dated December 1, 1982 the representative of the applicant requests reconsideration of the Board's decision dated November 16, 1982 (reported at [1982] OLRB Rep. Nov. 1704).
The Board will generally reconsider a decision only where the request to do so discloses the possibility of substantial and material new evidence or arguments which were not, by the exercise of due diligence, reasonably available to the party at the time of the hearing. The request of the applicant's representative discloses no such possibility and is, in effect, a request to reargue or appeal its application. In these circumstances, the Board does not deem it appropriate to reconsider its decision.
It should perhaps be emphasized, however, that the Board's decision in the instant case is not, as the union's representative suggests, a determination of the merits of the effect of the transfer of a franchise for the purposes of section 63 of the Act. The Board has specifically found that the Matheson franchise was not transferred, but was terminated as a going concern. The respondent merely expanded its own pre-existing business. The issue of whether the transfer of a franchise is the sale of a business for the purposes of section 63 of the Act remains to be determined in a case where those facts are specifically found. The decision in the instant case should not be viewed as a precedent for the purposes of that issue.
For the foregoing reasons, the request for reconsideration is denied.
DECISION OF BOARD MEMBER B. L. ARMSTRONG;
As I indicated in my dissent I would have found that a franchise was transferred to the respondent. I therefore cannot concur in the decision to deny reconsideration.