3354‑96‑U Malcolm Fullwood, Bill Adair and Vince Oragano on behalf of all DPSP Members, Applicants v. United Food and Commercial Workers Locals 175 and 633, Responding Parties v. The Great Atlantic & Pacific Company of Canada, Limited, Intervenor.
BEFORE: Kevin Whitaker, Vice‑Chair.
DECISION OF THE BOARD; December 21, 2000
This is an application for reconsideration by the applicants in this matter of a decision of the Board dated July 2, 1998. In that decision, a complaint under section 74 of the Act was dismissed with reasons, following a consultation held on June 17, 1998.
The application for reconsideration is dated October 29, 1998.
The application for reconsideration is on its face untimely. The applicants suggest no reason for the delay other than that they were not aware of their right to seek reconsideration. In the circumstances, there is no basis for finding the application to be timely.
The application for reconsideration raises no issues that were not raised at the time of the consultation. The application for reconsideration is in substance, an attempt to reargue the issues that were discussed and disposed of at the consultation.
Without dealing with the issue of the timeliness of the application for reconsideration, the applicants have raised no issue or fact which would properly bring this application within the factors considered by the Board to justify reconsideration.
In the circumstances, it is not appropriate to exercise the Board’s discretion to reconsider the decision of July 2, 1998. Accordingly, the application for reconsideration dated October 29, 1998 is hereby dismissed.
“Kevin Whitaker”
for the Board