Ontario Labour Relations Board
File No.: 3512-99-U Date: September 18, 2000
Between: Abukar Ali, Applicant v. United Food and Commercial Workers Union, Local 333, Responding Party v. Four Seasons Hotel Toronto, Intervenor.
Before: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD
The applicant has filed a Request for Reconsideration of the Board’s decision of July 18, 2000. A Request for Reconsideration in the proper form was not received by the Board within the 20 working days specified in the Board’s Rules of Procedure. In any case, the Board will generally only agree to reconsider a decision in order to allow a party to introduce evidence or to make submissions which were not previously available to it through due diligence. In K-Mart Canada Limited (Peterborough), [1981] OLRB Rep. Feb. 185 at paragraph 4, the Board stated as follows:
To avoid abuse of the reconsideration provision and bring some finality to its adjudicated decisions the Board has adopted principles not unlike those of the courts. The Board will not normally accede to a request to reconsider unless the party requesting reconsideration intends to adduce new evidence which was not previously available to them by the exercise of due diligence, and then only where such additional evidence, if proved, would be likely to make a substantial difference to the outcome of the case. Reconsideration is therefore generally restricted to allowing a party to adduce evidence or make representations which it did not have a previous opportunity to raise. The Board may also consider such factors as the motives for the request for reconsideration in light of a party’s conduct, and the resulting prejudice to another party if the case is reopened. (See, generally, International Nickel Company of Canada, 63 CLLC 16,284; The Detroit River Construction Limited, 63 CLLC ¶16,260; National Steel Car Corporation Limited, [1966] OLRB Rep. Apr. 55; Canadian Union of General Employees, [1975] OLRB Rep. Apr. 320; York University, [1976] OLRB Rep. Apr. 187 affirmed, sub. nom. Jordan v. Ontario Labour Relations Board, York University Faculty Association, York University, 78 CLLC ¶14,132. (Ont. Div. Ct.).
This Request for Reconsideration does not refer to any new evidence nor does it make any new arguments except those which quarrel with the Board’s conclusion. Furthermore, this case does not raise an important matter of policy.
This request for reconsideration is therefore denied.
“Laura Trachuk”
for the Board