2780-95-U Ellis-Don Construction Ltd., Applicant v. Labourers International Union of North America, Local 1089 and Robert Leone, Responding Parties v. The United Brotherhood of Carpenters and Joiners of America, Local 1256, Intervenor.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members W. N. Fraser and G. McMenemy.
DECISION OF THE BOARD; September 18, 2000
1This is a request for reconsideration by the applicant of the Board’s decision dated July 29, 1998. The grounds for this request are set out in Form A-47 dated September 10, 1998 and the attached submissions in Schedule “A”.
2The Board’s practice and policy regarding the granting of a reconsideration can be characterized as falling into two general camps. First, the Board will not grant a reconsideration generally unless a party shows that it can adduce new evidence which was not previously obtainable by reasonable diligence and that evidence would, if adduced, be practically conclusive. Or, the Board will not grant a reconsideration unless the party requesting it can satisfy the Board that it had no opportunity to raise those representations or objections previously.
3The request for reconsideration does not raise any facts which were not, or could not have been raised earlier, nor does it raise any matters which have not already been considered by the Board. In reaching its decision the Board considered all of the circumstances, all of the cases cited by the parties and all of the evidence before it. There is nothing in the reconsideration request to cause the Board to revoke its decision of September 10, 1998. The reconsideration request is hereby denied.
“Inge M. Stamp”
for the Board