Ontario Labour Relations Board
4035-98-U Helen Spartalis, Applicant v. United Food and Commercial Workers Union, Local 351, Responding Party v. The Westin Harbour Castle Hotel, Intervenor.
BEFORE: Russell Goodfellow, Vice-Chair.
DECISION OF THE BOARD; May 26, 2000
Decision
1This is a request for reconsideration.
2Pursuant to section 114(1) of the Labour Relations Act, 1995 (the “Act”), the Board has a broad discretion to reconsider any decision or order made by it and to vary or revoke any such decision or order. However, the Board has repeatedly indicated that it will not reconsider its earlier decisions unless there are good and valid reasons for doing so. Circumstances in which the Board has been prepared to reconsider an earlier decision or order include those in which the decision contains an obvious error; where the request raises important policy issues which have not been adequately addressed; where new evidence is sought to be presented which could not, with the exercise of due diligence, have been obtained and presented previously and which could, if accepted, make a difference to the decision; and where representations are sought to be made which the party seeking reconsideration had no previous opportunity to make.
3The basis for the request does not fall within any of these grounds.
4Without suggesting that all of the legal and factual assertions contained in the request were made at the hearing, the essence of the request is an attempt to reargue the case.
5As indicated in the Board’s oral ruling, the applicant was permitted to place before the Board all of the legal and factual assertions that it could, including many that were not pleaded before the hearing. Having considered all of those matters, the Board ruled as it did.
6There is no basis for reconsidering the Board’s December 16, 1999 decision.
“Russell Goodfellow”
for the Board