[1995] OLRB Rep. March 266
3226-94-U Communications, Energy and Paperworkers Union of Canada and its Local 1291, Applicant v. Buntin-Reid Division of Domtar Inc.; Fred McNaught, Steven Kendall, Kevin Woodison, Larry Kitts and Ian Smith, Responding Parties
BEFORE: Roman Stoykewych, Vice-Chair, and Board Members Orval G. McGuire and D. A. Patterson.
DECISION OF THE BOARD; March 28, 1995
This is an application pursuant to the provisions of section 91 of the Labour Relations Act.
In correspondence directed to the Registrar dated March 24, 1995, counsel for the applicant has sought leave to withdraw this application. However, in correspondence dated March 27, 1995, counsel for the responding party employer seeks that any such withdrawal be on a "with prejudice" basis in light of the expenses already incurred by his client and in light of what he describes as the unfairness that might be involved in permitting the applicant to "resurrect" these matters in a subsequent application.
In the interests of facilitating the settlement process, it is not the Board's practice to require parties seeking to withdraw a complaint to do so on a "with prejudice" basis. Any questions related to an abuse of the Board's processes may be raised in the event that the applicant seeks to pursue these matters in a subsequent application.
Accordingly, the Board grants the applicant leave to withdraw the present application.