2889-99-U Byron R. Green, Applicant v. Canadian Auto Workers Union Local #222 and C.A.W. National Union, Responding Party v. General Motors of Canada Limited, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; November 6, 2000
1. The Board has received two requests that it reconsider its decision of September 15, 2000. In that decision the Board directed that the parties proceed to arbitration with the applicant’s discharge grievance as well as two prior suspension grievances. The responding party indicates that it is prepared to proceed to arbitration with the discharge grievance but asks that the Board reconsider its decision with respect to the suspension grievances as the applicant did not request that those grievances proceed to arbitration in his written application.
2. The intervenor raises the same issue as the responding party but also argues that the Board’s decision as a whole is wrong. A request for reconsideration is not a forum to reargue the merits of a case. The Board will only reconsider a decision if a party seeks to produce evidence or to make submissions it could not have made at the consultation by the exercise of due diligence. The responding party chose not to send anyone to make any submissions at the consultation. The intervenor did attend and therefore had the opportunity to present its arguments. Nevertheless, it is true that the applicant did not specifically request that the two suspension grievances proceed to arbitration in the “remedy” section of the application although he included them in the material facts he submitted with the application. Furthermore, the intervenor has confirmed that it will not be relying upon those earlier suspensions in its defence of the discharge grievance.
3. The Board therefore directs the applicant to make submissions with respect to the request that it reconsider its decision that his two suspension grievances proceed to arbitration. The Board will not be reconsidering its decision with respect to the discharge grievance and it is not necessary for the applicant to make submissions with respect to that aspect of the remedy. The applicant’s submissions are to be filed with the Board on or before November 20, 2000. The applicant should also provide copies of the submissions to the other parties.
“Laura Trachuk”
for the Board