Chun C. Chen v. Cinram International Inc.
File No.: 1171-99-OH Before: David A. McKee, Vice-Chair. Decision of the Board: January 25, 2000
1This is an application for reconsideration of the Board’s decision of November 25, 1999 pursuant to section 114(1) of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). The November 25, 1999 decision is itself a decision which deals with a request for a reconsideration of a decision dated September 8, 1999 dismissing the application on the basis of delay.
2In his first submission, the applicant takes issue with the statement that: “The Board’s practice is to have the Vice-Chair who made the initial decision deal with the request for reconsideration since it is that first decision which is being reviewed”. He points to what he says is a contrary practice followed in Board File 3155-98-ES. A review of that file does not disclose a contrary practice. In the first decision dated March 11, 1999 the Vice-Chair (Jules B. Bloch) permitted the applicant to withdraw his application having regard to Minutes of Settlement filed. Subsequently, the applicant sought to overturn the Minutes of Settlement and to litigate the matter. That request (which is a form of reconsideration of the applicant’s decision to sign the Minutes of Settlement, not of the Board’s decision to give effect to that decision) was dealt with by a different Vice-Chair (D. L. Gee) as it was a new matter. When that decision was challenged by way of reconsideration, the same Vice-Chair (D. L. Gee) dealt with the request to reconsider her decision to refuse to prevent the application to proceed.
3In any event, the applicant does not suggest any reason why this Vice-Chair should not deal with a request to reconsider the September 8, 1999 or the November 25, 1999 decision.
4Nothing in the rest of the submissions raise anything new, and in any event, nothing that would cause the Board to reconsider its decision. This application is dismissed.
“David A. McKee”
for the Board