3355-99-U Joaquim Anceriz, Applicant v. United Steelworkers of America, Responding Party v. Alcan Aluminium Limited, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; October 2, 2000
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”) in which the applicant claims that the responding trade union (“the union”) has violated section 74 of the Act.
The applicant was terminated from employment on November 17, 1995. The union filed a grievance on March 25, 1996. The application was filed on February 16, 2000, nearly four years after the union withdrew the grievance. The Board considered the matter and, in a decision on August 22, 2000, found the application to be untimely.
The applicant has now applied for reconsideration of the decision. He has filed documents showing that his wife passed away and that he was under medical treatment in the period leading to his termination and during the period between then and his bringing the application. The applicant suffers from a back injury which causes him considerable discomfort.
The documents provided by the applicant do not establish an inability on his part to have brought the application in a timely manner. The reconsideration request amplifies the reasons given by the applicant for why he took so long to bring the application after the union withdrew his grievance, but the request does not raise new information or arguments which were not previously available to the applicant. There is accordingly no justification to reconsider the Board’s earlier decision.
DISPOSITION
- The applicant’s reconsideration request is denied.
“Christopher J. Albertyn”
for the Board