1408-99-U The United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 46, Applicant v. Fanone Plumbing Mechanical Limited, Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; June 20, 2000
The applicant has filed a request for reconsideration of the Board’s decision of March 31, 2000. The request for reconsideration was circulated to the responding party for its comments. The responding party asserts that there is no reason for the Board to reconsider its decision and the Board’s decision should be final.
The basis for the request for reconsideration is two-fold. It is asserted that the issue of the responding party herein not being named as a party to the settlement agreement that the applicant is seeking to enforce, was only raised at the hearing. Following the hearing, as a result of the issue having been raised, the applicant conducted a corporate search that revealed that “Fanone Plumbing Mechanical Contractor Ltd.” which appears on the settlement document, does not now nor has it ever existed. Thus, the applicant asserts that there is now new evidence, which was not previously available, that the Board ought to consider.
Whether Fanone Plumbing Mechanical Contractor Ltd. is or is not registered was not relevant to the Board’s determination as to whether the applicant herein, namely Fanone Plumbing Mechanical Limited, has breached minutes of settlement. Fanone Plumbing Mechanical Limited is not named as a party to the minutes of settlement and hence cannot be in breach of such minutes. The status of any other named party to the minutes of settlement is not relevant. Further, the names of the parties to the minutes of settlement are clear. There is no latent ambiguity.
Secondly, the applicant suggests that the Board ought to reconsider its decision on the basis that, if it fails to do so, the settlement reached in Board File No. 0791-97-R and 1979-97-U will be placed in jeopardy. Board File Nos. 0791-97-R and 1979-97-U have been settled on the basis set out in the minutes of settlement. A settlement of those matters has been achieved. If the applicant chooses to file a fresh application pursuant to section 1(4) of the Labour Relations Act, 1995 naming Fanone Plumbing Mechanical Limited as a responding party it is free to do so.
The applicant’s request for reconsideration is hereby denied.
“D. L. Gee”
for the Board