Ontario Labour Relations Board
File No.: 3596-00-U Date: May 16, 2001
Between: Yahya Misri, Applicant v. Hotel Employees Restaurant Employees Union, Local 75, Responding Party v. Movenpick Restaurant, Intervenor.
Before: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act").
2By decision dated May 7, 2001, the Board considered the applicant's correspondence dated May 2, 2001 in which the applicant advised that he has changed his mind and does not want to withdraw his application. The Board declined to reopen the matter since the applicant had entered into a Memorandum of Agreement on April 26, 2001 in which he seeks leave to withdraw his application.
3On May 10, 2001, the Board received a further letter from the applicant again asking to re-open his application on the basis that the union is said not to have lived up to its promises. For the same reasons articulated in the Board's decision dated May 7, 2001 in this matter, the Board declines to allow the applicant to re-open this application. The applicant may, however, seek to enforce the terms of the Memorandum of Agreement, in the event of a breach of that agreement, by making a fresh application to the Board under section 96(7) of the Act.
4The application in Board File No. 3596-00-U remains withdrawn pursuant to the agreement of the parties.
"Caroline Rowan"
for the Board