Ontario Labour Relations Board
File No.: 0830-00-U Date: November 27, 2000
Applicant: Giancarlo Cesaroni Responding Party: United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46
Before: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD
The Board is in receipt of a request for reconsideration of its decision dated October 19, 2000 from Giancarlo Cesaroni. In its decision of October 19, 2000, the Board dismissed an application filed by Mr. Cesaroni in which it was alleged that the responding party had violated section 75 of the Labour Relations Act, 1995 (the “Act”). In his request for reconsideration, Mr. Cesaroni requests that a hearing take place.
Section 99 of the Act provides in part as follows:
- (1) This section applies when the Board receives a complaint,
(c) that a trade union has failed to comply with its duties under section 74 or 75.
(3) The Board is not required to hold a hearing to determine a complaint under this section.
Thus, pursuant to section 99 of the Act, the Board is not required to hold a hearing with respect to a complaint under section 75 of the Act.
A consultation was conducted in relation to this matter following which the Board’s decision of October 19, 2000 issued. For the reasons set out in the Board’s October 19, 2000 decision, Mr. Cesaroni’s complaint was dismissed.
The request for reconsideration accurately sets out the basis on which the Board will reconsider a decision and accordingly there is no need to reiterate the test herein.
Mr. Cesaroni asserts that he wishes to bring new evidence that he could not have presented at the consultation. The evidence that Mr. Cesaroni wishes to adduce is a quote from an earlier Board decision in Board File No. 3216-91-U. As Mr. Cesaroni indicates in his request for reconsideration, this decision was relied upon, and provided to the Board, by the responding party at the consultation. It is referred to in the Board’s decision of October 19, 2000. The quote in question was clearly available to Mr. Cesaroni at the time of the consultation and is not new evidence.
The majority of Mr. Cesaroni’s request for reconsideration sets out his disagreement with the Board’s determination and the basis upon which such determination was reached. The Board reached its determination for the reasons set out in its decision of October 19, 2000. The Board is not persuaded that there is any basis for reconsidering such decision.
The request for reconsideration is hereby dismissed.
“D. L. Gee”
for the Board