Ontario Labour Relations Board
2819-99-U Dimitri Traikos, Applicant v. Hotel Employees Restaurant Employees Union, Local 75, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; March 8, 2000
1This is an application for reconsideration of a decision of the Board dated February 1, 2000. In that decision the Board dismissed the applicant’s complaint under section 74 of the Labour Relations Act, 1995 (the “Act”).
2The date of the request is February 25, 2000 and the request is therefore timely pursuant to Rule 96 of the Board’s Rules of Procedure.
3In his request for reconsideration, the applicant states that he never received a copy of a letter dated sometime in 1995 stating the responding party’s position at that time that they were no longer representing the applicant in his Worker’s Safety and Insurance Board (WSIB) claim. The February 1, 2000 decision refers in paragraph 3 to a letter dated July 18, 1996; not a letter of some time in 1995.
4However, in his reconsideration request the applicant does state that he had a meeting with a representative of the responding union at which time he was told that they would no longer represent him. Therefore in October 1995 he states that he obtained separate representation in this matter.
5The basis of the reconsideration request does not contain any new evidence which could not have been obtained previously or any error such as would lead the Board to reconsider in these circumstances. The basis for the decision to dismiss is as contained in paragraph 4 of the February 1, 2000 decision and the facts contained in the reconsideration request are the essentially the same.
6The board is not persuaded by the applicant’s submissions that it should reconsider its decision. The application for reconsideration is dismissed.
“Marilyn Silverman”
for the Board