Don Cymbaluk v. CAW – Canada and its Local 1991
File No.: 1572-98-U Date: August 2, 2000
Applicant: Don Cymbaluk Responding Party: CAW – Canada and its Local 1991 Intervenors: Volkswagen Canada Inc. and Alloy Wheels International (Canada), Ltd.
Before: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD
1This is a request for reconsideration of the Board’s decision of November 9, 1998, dismissing a complaint pursuant to section 74 of the Labour Relations Act, 1995 (the “Act”).
2A different panel of the Board made the November 9, 1998 decision. Because that adjudicator has since left the Board, the original panel cannot be reconstituted. Consequently, I am determining the reconsideration request.
3The applicant made his request for reconsideration on November 23, 1998. Through no fault of the applicant, his request for reconsideration only came to my attention today.
4The applicant initially alleged that the responding party (the union) failed to fulfill its duty of representation to him when dealing with his claim for termination and severance in August 1996.
5The Board declined to enter into an inquiry of the complaint because of delay. The applicant waited more than two years after the events about which he complained to bring this application.
6In his request for reconsideration, the applicant explained that he thought the two year time limit that governed the bringing of an employment standards complaint, also governed the time for bringing a complaint to the Board. In fact, the time limit under the Employment Standards Act is now 6 months, but in any event, the Board brings different considerations to the question. As set out in its first decision, the Board is concerned that delay has a serious impact on labour relations, and for that reason, regularly declines to inquire into complaints made more than 1 year after the events complained of.
7In his request for reconsideration, the applicant has provided no compelling reason why the Board should depart from that practice.
8The Board declines to reconsider its November 9, 1998 decision.
“Mary Ellen Cummings”
for the Board