[1991] OLRB Rep. September 1089
2173-86-R Service Employees Union, Local 478, Applicant v. Northern Communications Services Ltd., Respondent
BEFORE: Robert Herman, Vice-Chair, and Board Members G. O. Shamanski and B. L. Armstrong.
DECISION OF THE BOARD; September 10, 1991
- This is a request for reconsideration of our decision of November 18, 1986 in which the applicant was certified. The request reads as follows:
We have recently been retained by Northern Communications Services Limited. We have been instructed to ask the Board to reconsider its decision to certify the Service Employees International Union, in Board File No. 2173-86-R.
It is our position that the Board was without jurisdiction to certify the union since Northern Communications Services Limited is engaged in radio communications, a work or undertaking which falls within federal jurisdiction. Accordingly the Board had no jurisdiction to entertain the application.
We acknowledge that a considerable period of time has passed since the original decision, however, since our request for reconsideration is based on an error of law which goes to the constitutional jurisdiction of the Board we submit that the Board should exercise its discretion in this matter to reconsider.
We note that the respondent company participated in the certification application at the time, and this issue was not raised. It has not been raised before now. It is a reasonable inference that during the (approximately) five year interval between the certificate issuing and the request for reconsideration, the respondent has bargained with and otherwise dealt with the union.
This matter was not raised at the appropriate time, although it could have been, and five years have now passed. In the circumstances, we decline to reconsider our decision.